Legal Question in Medical Leave in Illinois

Intermittent Family leave : restrictions

I have inteernmittent family leave for my own chronic health condition. I was told by my employer that I ''use fmla too much'' and so they would not continue my training in the intensive care unit at my hospital because I am ''unreliable''. Is this legal? This sounds like I am being puniushed for taking fmla once a month. I was told until my attendance was approved I would not be allowed to work in icu, only the regular floors.


Asked on 5/24/08, 2:15 am

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: Intermittent Family leave : restrictions

Good morning. In my opinion, the actions of your

employer are somewhat severe. I think steps to accommodate your medical condition should be pursued by the hospital. If you have a union, I suggests you take this up. Otherwise, you may want to consider taking legal steps to enforce your rights. Also, you may want to explore the hospital's history to see if there have been other employees who have similar circumstances. I believe that the applicable law uses a balancing of hardships test in weighing your employee rights versus the public interest of providing the best care for hospital patients in the icu. I don't think the hardship to the icu is significant in light of the fact that you are obviously competent to work at the hospital and are already there and are being trained. Failing to provide you with accommodations for your illness might give you a basis for a lawsuit. It is too early to tell since I do not have all of the facts in your matter, but this may be the case. I will be happy to discuss this further and in more detail.

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Answered on 5/24/08, 7:57 am


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