Legal Question in Medical Leave in Illinois

My wife was on Intermittent FMLA due to our daughters illness. This ended on June 3rd of this year & once she was off of IFMLA, she was written up for being behind in her work. Is that legal?? What recourse do we have??


Asked on 6/16/15, 12:20 pm

1 Answer from Attorneys

Betty Tsamis Tsamis Law Firm PC

This is a tricky issue and hard to answer your question without additional details. An employer is allowed to enforce current work quality/quantity standards while an employee is on FMLA but cannot take punitive measures when the quality/quantity of the work is affected because of the leave. For example, a case worker is required to see 10 clients a week but is on intermittent FMLA so she can see only 7 clients a week. Employer cannot discipline this employee in this instance under these facts. I strongly suggest your wife speak with experienced FMLA counsel. Many of us will provide an initial consultation free of charge.

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Answered on 6/17/15, 4:48 am


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