Legal Question in Medical Leave in Illinois

fmla and then his co-workers go on strike

I went on fmla on monday because my wife was taken in for a c-section (birth of our second child). I knew she was going to have a c-sect and applied for FMLA. My company uses a third party vendor to administor the program. i was told that as soon as i provided the foot prints, i would be granted FMLA. I sent the footprints today and was told that i was on FMLA by the third party vendor. i am a teamster. my union has been threatening to go on strike on thursday. now, my employer is telling me that if my work force goes on strike on thursday, even though I am out on FMLA, I will loose all my medical benefits. is this true. isn't the employer required to maintain my benefits since I am not out on stricke, but rather, FMLA. I understand, that should i fail to return at the end of my fmla (go on strike) I would then loose my medical benefits. who should i contact to pursue this. at this point, i have a baby and a wife in the hospital and i am just wondering how i am going to pay the bills


Asked on 5/10/07, 12:47 am

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: fmla and then his co-workers go on strike

You need an attorney in your area to help you with this situation. I would recommend that you visit the website, www.nela.org. This is a group of employement rights attorneys who primarily represent individual employees in situations such as yours.

If your employer seeks to terminate your benefits, you may also want to contact the Department of Labor and file a complaint. First, however, I would schedule a consultation with a local attorney.

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Answered on 5/10/07, 12:50 pm


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