Legal Question in Medical Leave in Illinois

FMLA issues are tricky and you should speak to a qualified FMLA attorney. Many of us will provide a consultation at no cost. In your case, depending upon your medical issue, you could have protection under the ADA which would allow you unpaid time off as a form of reasonable accommodation when you are out of FMLA. Additionally, if your employer terminated you because it received your request for FMLA prior to your eligibility for it, there could be a basis for an FMLA interference claim. Also relevant will be if you had any banked sick time or other leave policies the employer provides outside of what the law requires. These are all the issues you need to explore with qualified counsel. You should also consider the timeliness of qualified legal help because having someone help you with unemployment will be very important. Your employer will protest your claim based on misconduct (missing work) yet there is a medical exception qualified counsel can use to preserve your rights to unemployment benefits.

Betty Tsamis

Tsamis Law Firm

www.tsamislaw.com