Legal Question in Medical Leave in Illinois

out of FMLA

My wife and I are expecting to have a baby this December. After the baby is born, my wife will only have 4 weeks of FMLA remaining because she has used some earlier this year. Our doctor requested that she not return to work until at least 6 weeks after giving birth. Can my wife exceed her remaining time of FMLA per the doctor's request, or will she lose her job in doing so?


Asked on 8/16/07, 12:53 am

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: out of FMLA

It's impossible to look into the future with absolute certainty and say what will or won't happen. However, we can look and say what sort of rights you may have.

Under the federal law, once you have exceeded the 12 week period, the FMLA no longer protects your employment. This does not necessarily resolve your question, however. Your wife's position may be protected for a longer period by state law. Additionally (although less likely), is the possibility that the pregnancy discrimination laws may provide some measure of relief.

All of these options need to be explored with experienced legal counsel who is knowledgeable about your state's employment laws.

Read more
Answered on 8/16/07, 10:45 am


Related Questions & Answers

More Family Medical Leave Act questions and answers in Illinois