Legal Question in Medical Leave in Illinois
out of FMLA
My wife and I are expecting to have a baby this December. After the baby is born, my wife will only have 4 weeks of FMLA remaining because she has used some earlier this year. Our doctor requested that she not return to work until at least 6 weeks after giving birth. Can my wife exceed her remaining time of FMLA per the doctor's request, or will she lose her job in doing so?
1 Answer from Attorneys
Re: out of FMLA
It's impossible to look into the future with absolute certainty and say what will or won't happen. However, we can look and say what sort of rights you may have.
Under the federal law, once you have exceeded the 12 week period, the FMLA no longer protects your employment. This does not necessarily resolve your question, however. Your wife's position may be protected for a longer period by state law. Additionally (although less likely), is the possibility that the pregnancy discrimination laws may provide some measure of relief.
All of these options need to be explored with experienced legal counsel who is knowledgeable about your state's employment laws.
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Job termination while on FMLA can I collect unemployment while on FMLA? Asked 6/21/07, 1:58 am in United States Illinois Family Medical Leave Act
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