Legal Question in Medical Leave in Illinois
My daughter who is 20 and unmarried was in a serious accident and has no one else to care for her. My employer is telling me I can not get FMLA to care for her because she is not on my health insurance. My daughter also has a 7 month old daughter that I need to care for. Why could I get FMLA to take care of a parent if they were in the same condition but not my daughter?
3 Answers from Attorneys
I beleive that the act allows for leave if an immediate family member is ill. I would think that your daughter qualifies. You should contact a local attorney who is well versed in FMLA regualtions and interpretation.
Your are entitled to FMLA leave (if you qualify--1 year and 1250 hours) and if your employer is a covered employer (50 or more employees within a 75 mile radius if multiple facilities). Whether or not your daughter is on your health insurance is irrelevant as to the inquiry of FMLA entitlement.
Betty Tsamis
Tsamis Law Firm
My office represents individuals with FMLA claims. Please feel free to call me directly.
Jeff Friedman
312-357-1431
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