Legal Question in Employment Law in Illinois

my husband works with granite, he got a hernia at work and he told his boss. well she sent him to a doctor and told him that she would pay all the doctor bills but that she would discount a certain amount from his check so that he would pay her back. can she do that or does she have to pay because he got hurt at work? also he has had to leave work early because his hernia bothers him he has not been payed for that either. another thing is that i had a miscarriage and he had to leave work to take me to the E.R. he didn't get payed for the time he missed work does he have to get payed because it was a family emergency or not?

Asked on 6/28/10, 10:05 am

3 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

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He need to talk to workers compensation lawyer immediately. Can not answer your question on the Family Leave Act.

Answered on 6/28/10, 1:33 pm

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Betty Tsamis Tsamis Law Firm PC

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His work injury should be covered pursuant to workers compensation. The employer cannot require the employee to contribute to medical payments pursuant to workers compensation. Regarding your ER visit, the law does not require an employer to give an employee paid time off. However, if his employer has paid sick and/or vacation leave, your husband may be allowed to use that leave for time away from work due to your miscarriage. FMLA applies to companies with 50 or more employees within a 75 mile radius (if the employer has more than one facility we combine headcount for the facilities within 75 miles to get to the employee threshold number for FMLA). If the company is covered by FMLA, an eligible employee is one who has worked for the employer for 12 months and 1250 hours and needs the time off for their own serious medical condition or the serious medical condition of an immediate family member.

Answered on 6/28/10, 2:02 pm

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