Legal Question in Employment Law in Illinois

My question involves labor and employment law for the state of: Illinois.

I've been working graveyard shift for two years now with no end in sight. I was not told the hours I would be working until I already accepted the job offer and was hired on. I am at a breaking point and it has seriously affected my physical and mental well-being. I was recently diagnosed by my doctor with a sleep disorder, and the doctor gave me documentation stating this, and a recommendation to return to a daytime work schedule in the paperwork. If I give my employer this paperwork and they won't accommodate this and move me to a daytime schedule, If I quit would I be eligible for unemployment benefits? My state allows for what is called a "Medical Quit" but the language is a bit vague. Here is what I found online:

1. When the worker is deemed physically unable to perform his work by a licensed and practicing physician, or because the individual�s assistance is necessary for the purpose of caring for his or her spouse, child, or parent who, according to a licensed and practicing physician or as otherwise reasonably verified, is in poor mental or physical health or is mentally or physically disabled and the employer is unable to accommodate the individual�s need to provide such assistance.

Any advice is appreciated.

Thanks!


Asked on 9/17/15, 9:15 am

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

From the little you described, your employer has to at least seriously consider a reasonable accommodation under the ADA. While the ADA process is happening, you should consult with your physician to determine if time off pursuant to the FMLA is appropriate. If your company has a short term disability policy and you need time off from work due to a medical disability (and depending on the severity of your sleep disorder you might be deemed disabled) such policies pay a percentage of your income.

Finally, to answer your question about unemployment. It is true that in IL if your doctor requests a medical accommodation and your employer cannot provide such accommodation, you will likely be entitled to unemployment benefits.

My recommendation is that you contact qualified counsel. Many of us will provide an initial evaluation at no cost.

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Answered on 9/21/15, 9:46 am


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