Legal Question in Employment Law in Illinois

hello im trying to find out what legal action can i take. i was @ work passed then rushed out in ambulance. I didnt have a heart attack, but did have a adnormal EKG. I was under the doctors care, but my job forced to return back to work. the day i returned back to work, i passed out again. for the same thing. adnormal EKG. The doctors were running test, trying to conclude the problem. My Concern: Being A Union Worker, But The Union Is Not Representing Me Correctly, Isn't That Wronful Termination When A Employer Terminates A Employee While Under Doctors Care??/


Asked on 11/29/12, 9:48 am

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

It's not illegal for an employer to terminate you when you are "under doctors care." However, it is illegal to terminate an employee for an absence if such absence is protected by law such as leave under the FMLA.

To be entitled to FMLA the following must be true:

Employer has at least 50 employees at your job site or combined job sites within a 75 mile radius;

You worked for employer for a minimum of twelve months and 1250 hours;

Employer was on notice of need for FMLA; and

You provided medical documentation demonstrating need for time off for serious medical condition.

As for the union issues, I can't comment about your assertion that the union is not representing you correctly since you provided no details about the union's actions.

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Answered on 11/30/12, 8:56 am


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