Legal Question in Medical Leave in Illinois

My daughter who is 20 and unmarried was in a serious accident and has no one else to care for her. My employer is telling me I can not get FMLA to care for her because she is not on my health insurance. My daughter also has a 7 month old daughter that I need to care for. Why could I get FMLA to take care of a parent if they were in the same condition but not my daughter?


Asked on 6/12/10, 11:38 am

3 Answers from Attorneys

I beleive that the act allows for leave if an immediate family member is ill. I would think that your daughter qualifies. You should contact a local attorney who is well versed in FMLA regualtions and interpretation.

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Answered on 6/13/10, 5:13 am
Betty Tsamis Tsamis Law Firm PC

Your are entitled to FMLA leave (if you qualify--1 year and 1250 hours) and if your employer is a covered employer (50 or more employees within a 75 mile radius if multiple facilities). Whether or not your daughter is on your health insurance is irrelevant as to the inquiry of FMLA entitlement.

Betty Tsamis

Tsamis Law Firm

[email protected]

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Answered on 6/14/10, 6:24 am
Jeffrey Friedman Law Office of Jeffrey Friedman

My office represents individuals with FMLA claims. Please feel free to call me directly.

Jeff Friedman

312-357-1431

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Answered on 6/14/10, 7:27 am


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