Legal Question in Employment Law in Illinois

my dad 62 years old is being forced to resign due to his medical condition. He has notes from doctor that he is to rest till the 17th but my dad received a letter stating if he is not at work by the 10th he is voluntarily resigning. Can this be done?? Is this age discrimination??


Asked on 1/09/12, 4:30 pm

1 Answer from Attorneys

Betty Tsamis Tsamis Law Firm PC

Your dad's situation raises several possible areas of law that might protect him.

1. FMLA--allows an eligible employee (worked for one year and 1250 hours for this employer) to take up to twelve weeks of unpaid leave for his medical condition. To be covered, the employer must employee at least 50 employees at your dad's location or 50 employees combined with another location if the two locations are within 75 miles of each other.

2. ADA--depedning on your dad's medical condition, the Americans with Disabilities Act (ADA) could protect him from termination for taking time off work because of his disability.

3. Workers Compensation--Although you do not mention the type of condition, it is worth noting that your dad could be entitled to certain benefits and wage replacement if his medical condition arose or was exacerbated by work.

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Answered on 1/10/12, 7:51 am


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