FMLA Interference Attorney in Chicago, Illinois

Has Your Employer Denied, Discouraged, or Interfered With Your Right to Take FMLA Leave?

Employees should not have to choose between protecting their health, caring for a loved one, and keeping their jobs. The federal Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with job-protected leave for qualifying family and medical reasons.

Unfortunately, some employers unlawfully interfere with these rights by denying qualifying leave, discouraging employees from requesting time off, misclassifying absences, or failing to restore employees to their jobs when required by law.

At Pinkston Law Group, P.C., Attorney Danielle A. Pinkston represents employees in Chicago and throughout Illinois who experience unlawful interference with their medical and family leave rights.

If your employer prevented you from exercising your FMLA rights, you may have grounds to pursue an FMLA interference claim.

Schedule a consultation with Pinkston Law Group, P.C. today.

Call (773) 770-4771
Office: 30 N. Michigan Avenue, Suite 1004, Chicago, IL 60602

Learn more about our Illinois Employment Law Practice.

What Is FMLA Interference?

FMLA interference occurs when a covered employer interferes with, restrains, or denies an eligible employee’s exercise or attempted exercise of rights protected by the Family and Medical Leave Act.

Under 29 U.S.C. § 2615(a)(1), employers are prohibited from interfering with, restraining, or denying the exercise of FMLA rights.

Interference may occur when an employer:

• Denies FMLA leave to an eligible employee for a qualifying reason.
• Discourages an employee from requesting protected medical or family leave.
• Refuses to recognize qualifying absences as FMLA leave.
• Improperly counts protected FMLA absences against an employee under an attendance policy.
• Fails to provide required FMLA notices.
• Requires an employee to work in a manner inconsistent with protected leave.
• Refuses to restore an employee to the same or an equivalent position when restoration is required.
• Improperly delays or obstructs the FMLA certification process.

Not every disagreement concerning medical leave constitutes unlawful interference. Whether an employer violated the FMLA depends on the employee’s eligibility, the employer’s obligations, the qualifying reason for leave, the applicable regulations, and whether the employee was prejudiced by the violation.

The U.S. Department of Labor’s FMLA guidance explains the rights and responsibilities of employees and employers.

Who Qualifies for FMLA Protection in Illinois?

The FMLA generally applies to private employers with at least 50 employees, as well as covered public agencies and elementary and secondary schools.

An employee generally qualifies for FMLA leave when the employee:

1. Has worked for the employer for at least 12 months.
2. Has worked at least 1,250 hours during the 12 months immediately preceding the leave.
3. Works at a location where the employer has at least 50 employees within 75 miles, subject to the rules applicable to certain public and educational employers.
4. Needs leave for a qualifying family or medical reason.

Eligible employees may generally receive up to 12 workweeks of FMLA leave during a designated 12-month period. Special rules permit up to 26 workweeks of military caregiver leave in a single 12-month period.

Qualifying reasons may include a serious health condition that prevents the employee from performing essential job functions, caring for a spouse, child, or parent with a serious health condition, bonding with a new child, and certain military-related circumstances.

For additional information, visit the U.S. Department of Labor’s FMLA Frequently Asked Questions.

Common Examples of FMLA Interference

1. Your Employer Denies a Valid FMLA Leave Request

An employer may interfere with FMLA rights by denying leave when an eligible employee has provided sufficient information and satisfied applicable requirements.

For example, an employee may request leave for a qualifying surgery, but the employer refuses to consider the request despite receiving appropriate medical certification.

2. Your Employer Discourages You From Taking Medical Leave

FMLA interference is not limited to outright denials.

An employer may violate the law by discouraging an employee from exercising FMLA rights, including through threats or pressure that improperly deters protected leave.

Statements such as “Taking leave will hurt your future here” may raise concerns depending on the surrounding circumstances.

3. Your Employer Counts Protected FMLA Absences Against You

An employer generally cannot use protected FMLA leave as a negative factor in employment decisions or improperly penalize an employee for taking qualifying leave.

Examples may include:

• Assigning attendance points for protected absences.
• Issuing disciplinary warnings because of properly protected leave.
• Counting protected leave against an attendance-based performance standard.
• Terminating an employee because of protected FMLA absences.

These situations may involve FMLA interference, retaliation, or both, depending on the facts.

4. Your Employer Fails to Provide Required FMLA Notices

Covered employers have specific obligations to provide employees with information concerning FMLA eligibility, rights, responsibilities, and leave designation.

Failure to provide required notices can support an interference claim when the violation causes legally cognizable prejudice.

See 29 C.F.R. § 825.300.

5. Your Employer Requires You to Perform Work During Protected Leave

FMLA leave generally must allow employees to take the time off to which they are legally entitled.

Although limited communications or incidental requests may not necessarily constitute interference, an employer’s demands for substantial work during protected leave may raise legal concerns.

6. Your Employer Refuses to Reinstate You After FMLA Leave

Employees returning from FMLA leave are generally entitled to restoration to the same position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.

However, FMLA leave does not provide greater job protection than the employee would have had if leave had not been taken, and certain statutory exceptions apply.

If you were denied reinstatement after medical leave, you may have an FMLA interference claim.

Read 29 U.S.C. § 2614 for the federal restoration provisions.

What Is the Difference Between FMLA Interference and FMLA Retaliation?

Although these claims may arise from similar circumstances, they involve different legal questions.

FMLA Interference concerns whether an employer improperly prevented, restrained, or denied the exercise of FMLA rights.

FMLA Retaliation concerns adverse treatment because an employee engaged in activity protected under the FMLA, including opposing conduct prohibited by the Act. Courts also recognize claims involving adverse action for exercising FMLA rights, although the doctrinal framework can vary.

An interference claim generally does not require proof that the employer intended to discriminate against the employee. However, employees must establish the applicable legal elements, including resulting prejudice where required.

An employee may have claims under more than one FMLA theory when the facts support them.

For more information about employment-related claims, visit our Employment Law Attorney page.

Can Your Employer Fire You While You Are on FMLA Leave?

An employer cannot lawfully terminate an employee because the employee exercised protected FMLA rights.

However, FMLA leave does not create absolute immunity from termination. An employer may have lawful grounds for an employment decision unrelated to protected leave.

A termination may warrant investigation when:

• The employee was fired shortly after requesting FMLA leave.
• The employer used protected absences to justify termination.
• The employer refused reinstatement without a lawful basis.
• The employer changed its explanation for the termination.
• The employee was disciplined for taking approved leave.

If your employment ended after requesting or taking medical leave, consider speaking with an Illinois employment attorney before signing a severance agreement or release.

Can You Take FMLA Leave Intermittently?

Yes. Eligible employees may take intermittent FMLA leave or work a reduced schedule when legally permitted, including when medically necessary for a qualifying serious health condition.

For example, intermittent leave may be necessary for recurring treatments, medical appointments, or episodic conditions.

An employer’s refusal to recognize qualifying intermittent leave may constitute FMLA interference.

However, employees must comply with applicable notice and certification requirements, and special rules apply to intermittent leave for certain bonding purposes.

What If Your Employer Says You Have Used All Your FMLA Leave?

Once an employee exhausts the applicable FMLA entitlement, the FMLA generally does not require additional leave.

However, some employees may qualify for additional protections under other laws.

For example, disability-related medical leave may constitute a reasonable accommodation under the Americans with Disabilities Act (ADA) or the Illinois Human Rights Act, depending on the circumstances.

Additional leave is not automatically required, and employers may raise applicable undue-hardship defenses.

Learn about the Americans with Disabilities Act and review the EEOC’s guidance on reasonable accommodations.

What Evidence Helps Prove FMLA Interference?

Employees should preserve relevant, lawfully accessible documentation, including:

• FMLA leave requests and approval or denial notices.
• Medical certifications and correspondence with human resources.
• Emails or text messages concerning medical leave.
• Attendance records and disciplinary notices.
• Performance evaluations before and after the leave request.
• Employee handbooks and written leave policies.
• Communications regarding reinstatement or termination.
• Pay records documenting lost compensation.

An employment attorney can evaluate whether these records support an interference claim and what additional evidence may be obtained through discovery.

What Compensation Is Available for FMLA Interference?

Under 29 U.S.C. § 2617, available relief may include, depending on the circumstances:

• Lost wages, salary, employment benefits, or other compensation.
• Certain actual monetary losses when wages or benefits were not lost, subject to statutory limits.
• Interest on recoverable monetary losses.
• Liquidated damages, subject to the statutory good-faith defense.
• Appropriate equitable relief, including reinstatement or promotion.
• Reasonable attorney’s fees and litigation costs when authorized by law.

Emotional distress damages and punitive damages are generally not recoverable under the FMLA itself. Other applicable laws may provide different remedies if separately established.

The amount and type of recovery depend on the evidence and applicable legal requirements.

How Long Do You Have to File an FMLA Interference Lawsuit?

The FMLA generally provides a two-year limitations period for filing a civil action.

For a willful violation, the limitations period may extend to three years.

These periods are generally measured from the last event constituting the alleged violation, subject to the governing law and facts.

Unlike certain employment discrimination claims, an employee generally does not have to file an EEOC charge before bringing an FMLA lawsuit.

Because different claims may have different filing deadlines, employees should obtain legal advice promptly.

Why Choose Pinkston Law Group, P.C.?

At Pinkston Law Group, P.C., we understand that an employer’s interference with medical leave can create serious financial and professional consequences.

Attorney Danielle A. Pinkston represents employees in matters involving:

• FMLA interference and retaliation.
• Wrongful termination following medical leave.
• Disability discrimination.
• Failure to provide reasonable accommodations.
• Workplace discrimination and retaliation.

We evaluate the circumstances of each employment dispute, identify potentially applicable legal protections, and help clients understand their available options.

Our firm serves employees in Chicago, Cook County, Will County, DuPage County, Kane County, and throughout Illinois.

Frequently Asked Questions About FMLA Interference

Can my employer deny FMLA leave because the company is short-staffed?

An employer generally cannot deny qualifying FMLA leave solely because staffing is inconvenient. However, eligibility, notice, certification, and other statutory requirements must be satisfied.

Can my employer discourage me from taking FMLA leave?

No. The FMLA prohibits interference with protected rights, and federal regulations expressly identify discouraging employees from using FMLA leave as prohibited interference.

Can my employer require me to use vacation or sick time during FMLA leave?

In certain circumstances, employers may require the substitution of accrued paid leave for otherwise unpaid FMLA leave, subject to applicable rules. This does not necessarily constitute unlawful interference.

Can I sue my employer if my FMLA request was denied?

Potentially. An employee may have an interference claim if the employer unlawfully denied FMLA rights and the employee suffered legally cognizable prejudice.

Can I bring an FMLA interference claim if I was not fired?

Yes. Termination is not required for every FMLA interference claim. The employee must still establish the applicable elements and basis for relief.

Does Illinois provide additional medical leave protections?

Depending on the circumstances, employees may have protections under the Illinois Human Rights Act, the Illinois Paid Leave for All Workers Act, applicable local ordinances, or other laws. These protections have different eligibility requirements and are not interchangeable with the FMLA.

Speak With a Chicago FMLA Interference Attorney

Were you denied medical leave, discouraged from taking FMLA leave, or disciplined because of protected absences?

You may have legal options under federal employment law.

Pinkston Law Group, P.C. represents employees facing unlawful interference with family and medical leave rights, workplace retaliation, and wrongful termination.

Schedule a consultation with Attorney Danielle A. Pinkston today.

Pinkston Law Group, P.C.
30 N. Michigan Avenue, Suite 1004
Chicago, Illinois 60602

Phone: (773) 770-4771

Advertising Material. This page provides general legal information and does not constitute legal advice. The outcome of any employment claim depends on its particular facts and applicable law.