Legal Question in Employment Law in Illinois

Termination while hospitalized

My husband had missed several days of work do to medical and emotional illness. He was admitted to a psychiatric hospital with a total breakdown in the evening tuesday 2-13-01. I contacted his supervisor the following day on Wednsday 2-14-01 in the morning and was honest about the situation. On the morning of Saturday 2-17-01 I received a Federal Express package containing employee termination papers from his place of employment (a major rehabilitation hospital), my husband is actively seeking treatment for his mental illness. Does he have any legal recourse in this matter? This will put a serious financial as well as emotinal burden on us as a family, his insurance is due to terminate in 10 days.


Asked on 2/17/01, 1:21 pm

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Termination while hospitalized

Quite possibly. There are both federal and Illinois State laws designed to address situations as the one you described. For example, a federal law, called the "Family Medical Leave Act," provides that an employer cannot fire someone for 60 days who takes time off of work for medical reasons. Also, the Americans with Disabilities Act -- another federal law -- provides remedies to those who have been discriminated against for a "disability," which includes mental disabilities. The State of Illinois has similarly passed statutes designed to protect individuals from termination under like circumstances.

A more specific response depends more particuarly on the facts of your case.

-- Kenneth J. Ashman, Ashman & Griffin, LLC, 312-648-1700

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Answered on 4/02/01, 11:57 am


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