When a medical condition, disability, pregnancy, or family health need affects your work, the law may protect your time away from work, your request for a reasonable change, or both. Chicago employment lawyer Brad Karlin represents employees—not employers—in workplace disputes involving protected leave and accommodations.
FMLA Leave Rights
The federal Family and Medical Leave Act may provide eligible employees of covered employers with job-protected, unpaid leave for qualifying reasons. Those can include your own serious health condition, caring for a spouse, child, or parent, bonding with a new child, and certain military-family needs. Eligibility and coverage depend on facts such as employer size, length of employment, hours worked, work location, and the reason for leave. The U.S. Department of Labor explains core FMLA protections.
Potential problems include discouraging leave, misclassifying qualifying absences, demanding more medical information than permitted, failing to provide required notices, counting protected leave under an attendance system, refusing reinstatement, or terminating an employee during or soon after leave.
Disability Accommodations at Work
Employees with qualifying disabilities may be entitled to reasonable accommodations that help them perform the essential functions of their jobs. Depending on the circumstances, an accommodation might involve a modified schedule, remote work, medical leave, equipment, changes to nonessential duties, reassignment to a vacant position, or another effective adjustment.
An employer generally should engage in an interactive process rather than dismissing a request without meaningful consideration. The appropriate accommodation depends on the employee’s limitations, the job, available options, and whether a proposed change would create an undue hardship.
Pregnancy and Related Accommodations
Workers may also have rights involving pregnancy, childbirth, lactation, and related medical conditions. Possible accommodations can include additional breaks, limits on lifting, schedule changes, time for medical appointments, leave, or temporary changes in duties. A forced leave of absence may not be appropriate when a reasonable workplace accommodation would allow the employee to continue working.
Warning Signs of Interference or Retaliation
- Your manager criticizes you for requesting leave or an accommodation.
- Protected absences are used as attendance points or discipline.
- The employer ignores medical documentation or refuses to discuss alternatives.
- Your duties, schedule, pay, or evaluations worsen after your request.
- You are denied reinstatement or fired near the end of approved leave.
- The employer gives shifting explanations for its decision.
Timing alone does not prove a claim, but documents, inconsistent explanations, comparator evidence, and the employer’s response to your request can be important. Related conduct may also involve workplace retaliation, discrimination, or wrongful termination.
What to Preserve
Keep copies of leave requests, accommodation emails, medical certifications, policy documents, attendance records, performance reviews, schedules, text messages, and termination paperwork. Make a timeline while events are fresh. Avoid taking confidential company information you are not entitled to keep, and do not secretly record conversations without first getting legal advice.
Talk With a Chicago Employee-Side Lawyer
Leave and accommodation disputes are fact-specific, and important deadlines can apply. A focused review can help identify which laws may apply, what evidence matters, and the practical next steps. Contact Karlin Legal for a confidential case review.
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Common Questions About FMLA, Leave, and Accommodations
Can medical leave and disability accommodations overlap?
Yes. A medical condition may involve FMLA leave, disability accommodation duties, pregnancy-related protections, workers’ compensation issues, or employer policies. The right framework depends on the employer, condition, timing, and records.
What if my employer denied leave or ignored restrictions?
Denials, delays, attendance points, demotions, forced leave, or termination after a request may deserve review. Records showing the request, medical paperwork, employer response, and timing are especially useful.
Should I keep working if my restrictions are being ignored?
Do not put your health or safety at risk. Preserve the communications and get individualized advice quickly, because the best response depends on your medical restrictions, job duties, and employer’s stated position.