Greenberg Gross LLP Chicago FMLA lawyers represent employees whose employers have denied, interfered with, or retaliated against their right to take protected leave under the Family and Medical Leave Act (FMLA). We handle workers’ claims across Chicago, Cook County, and Illinois involving denied leave, job loss after medical leave, and other FMLA violations.
The FMLA gives eligible employees the right to take unpaid, job-protected leave for serious health conditions, family care, and related qualifying reasons.
Employers may violate the law by refusing valid leave (FMLA interference) or taking adverse action—such as termination, demotion, or reduced hours—because an employee requested or used leave (FMLA retaliation).
If your employer changed your job, reduced your pay, or terminated your employment after you took or requested medical leave, you may have a claim. Contact Greenberg Gross LLP at (312) 820-3050 for a confidential consultation.
Start your journey towards justice today by scheduling your free claim consultation
Why Greenberg Gross LLP for Your Chicago FMLA Case?
Greenberg Gross LLP is a trial firm founded by attorneys who left a global litigation powerhouse to fight for clients in the cases that matter most. Employment law is a core part of our practice, and FMLA claims demand the kind of aggressive, detail-focused litigation that our team provides every day.
Trial-Ready from Day One
Our attorneys prepare every case as though it is heading to trial, because that level of preparation produces better results at every stage of the process. That approach has led to results like a $10 million settlement for breach of oral contract and a $6.1 million judgment in a whistleblower retaliation case. Past results do not guarantee future outcomes.
Proven Results in Employment Disputes
We litigate employment cases in Cook County Circuit Court, the U.S. District Court for the Northern District of Illinois, and courts across multiple states. Our Chicago employment attorneys have handled FMLA interference and retaliation claims alongside discrimination, wrongful termination, and wage theft matters at the highest levels of complexity.
National Resources, Chicago Commitment
With offices in California, Nevada, New York, Pennsylvania, Massachusetts, New Jersey, and now Illinois, Greenberg Gross brings the depth and experience of a national litigation practice to your Chicago FMLA case. No matter where a case is filed, we approach every matter with the same strategic focus, thorough preparation, and commitment to results.
What Rights Do You Have Under the FMLA in Chicago?
The FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying family and medical reasons. Your employer must maintain your group health insurance during that leave and restore you to the same or an equivalent position when you return. These rights apply to employees across Chicago and Cook County who meet the eligibility requirements.
FMLA Eligibility Requirements
Not every employee qualifies for FMLA protection, and employers sometimes use eligibility disputes to deny valid leave requests. You must meet all three of the following requirements to qualify.
- You have worked for your employer for at least 12 months (the months do not need to be consecutive)
- You have logged at least 1,250 hours of work during the 12 months before your leave begins
- Your employer has 50 or more employees within a 75-mile radius of your worksite
Meeting these requirements means your employer has a legal obligation to grant qualifying leave and hold your position. Falling short on even one of them might give your employer grounds to deny the request, which is why confirming eligibility early matters so much in FMLA disputes.
Qualifying Reasons for FMLA Leave
The FMLA covers several specific categories of leave, and your employer may not deny a request that falls within them.
- The birth of a child and bonding time during the first year
- Placement of a child through adoption or foster care
- Caring for a spouse, child, or parent with a serious health condition
- A serious health condition that makes you unable to perform your job
- A qualifying need related to a family member's active military duty
These categories have specific definitions under federal law, and disputes often center on whether a medical condition qualifies as serious or whether the employee gave proper notice. An experienced FMLA attorney in Chicago helps identify exactly where the employer's argument falls apart.
How Do Employers Violate the FMLA?
FMLA violations fall into two main categories under 29 U.S.C. § 2615: interference and retaliation. Interference occurs when an employer blocks, discourages, or denies your right to take protected leave. Retaliation happens when an employer punishes you for requesting or using FMLA leave. Both types of violations give rise to legal claims in federal court.
Common FMLA Interference Tactics
Employers do not always deny leave outright. Many use indirect methods that discourage employees from exercising their rights or make it harder to return to work.
- Refusing to approve leave that meets all FMLA requirements
- Failing to inform you that your leave qualifies for FMLA protection
- Requiring you to find your own replacement before taking leave
- Changing your job duties, pay, or reporting structure while you are on leave
- Counting FMLA absences against you in a no-fault attendance policy
Federal regulations specifically prohibit employers from using FMLA leave as a negative factor in hiring, promotion, or disciplinary decisions. When an employer penalizes you for taking leave that the law protects, that penalty itself may be an independent violation.
Signs of FMLA Retaliation
Retaliation often unfolds gradually, making it harder to recognize in real time. Employers rarely admit that a negative action is connected to your leave.
- Termination shortly after you return from FMLA leave or while still on leave
- A sudden drop in performance evaluations despite consistent prior reviews
- Demotion or reassignment to a less favorable position after returning
- Increased scrutiny or micromanagement that did not exist before your leave request
The timing between your leave and the adverse action often tells the story. Courts in the Northern District of Illinois look closely at how quickly the negative action followed the protected leave.
If the pattern fits, the burden shifts to your employer to offer a legitimate reason, and a skilled FMLA lawyer in Chicago knows how to challenge those explanations.
What Damages May Be Available in a Chicago FMLA Lawsuit?
Employees who prove FMLA interference or retaliation in federal court may recover both economic and non-economic damages. The FMLA allows for compensation that reflects the actual harm the violation caused, and in some cases, additional amounts that hold the employer accountable.
Types of FMLA Damages
The damages available in your case depend on the specific violation and the losses you experienced as a result.
- Lost wages and benefits, including salary, bonuses, health insurance, and retirement contributions you missed due to the violation
- Front pay if reinstatement to your former position is not practical or possible
- Liquidated damages equal to the amount of your lost wages and benefits, which the court may award when the employer acted in bad faith or without a reasonable good-faith basis
- Interest on unpaid compensation from the date of the violation
- Attorney's fees and court costs
Liquidated damages effectively double the economic recovery in many FMLA cases. Employers may avoid them only by proving they acted in good faith and had a reasonable basis for believing their conduct was lawful. That is a high bar, and it gives employees significant leverage in settlement negotiations and at trial.
We can help assess the strength of your case
What Additional Leave Protections Apply in Illinois?
Illinois employees have access to several state-level leave laws that work alongside the FMLA to provide broader coverage. These laws may apply even when the FMLA does not, and they create additional grounds for legal action when employers violate them.
Illinois Paid Leave for All Workers Act
Since January 2024, the Paid Leave for All Workers Act requires most Illinois employers to provide up to 40 hours of paid leave per year. Employees earn one hour of paid leave for every 40 hours worked, and they may use that leave for any reason without having to explain why. This paid leave is separate from FMLA leave and provides an additional layer of protection for Chicago workers.
Chicago and Cook County Ordinances
Both the City of Chicago and Cook County have their own employment protection ordinances that supplement state and federal law. These local laws may provide additional remedies or broader coverage in certain situations, and employees who work within these jurisdictions benefit from multiple layers of legal protection.
Illinois Human Rights Act Overlap
Many FMLA situations also involve potential discrimination under the Illinois Human Rights Act (775 ILCS 5/). If your employer denied leave or retaliated against you based on a protected characteristic such as pregnancy, disability, or family responsibilities, you may have claims under both the FMLA and the IHRA. The IHRA now provides a two-year filing window for administrative charges with the Illinois Department of Human Rights, giving employees more time to act than federal law allows.
Ask Greenberg Gross
Do I need an FMLA lawyer if my employer denied my leave request?
If your employer denied a leave request that you believe meets all FMLA requirements, speaking with an FMLA attorney in Chicago is a strong next step. Employers sometimes misapply eligibility rules, misclassify medical conditions, or ignore proper documentation. An attorney reviews the facts of your denial and identifies whether your employer violated federal law, which helps you decide how to move forward.
What if I was fired while on FMLA leave?
Terminating an employee during or immediately after FMLA leave may constitute retaliation or interference under federal law. Your employer must restore you to the same or an equivalent position upon your return, and firing you to avoid that obligation violates the FMLA. The strength of your claim depends on the timing, the employer's stated reason, and the evidence showing a connection between your leave and the termination.
How long do I have to file an FMLA lawsuit in Chicago?
The statute of limitations for most FMLA claims is two years from the date of the violation. If the employer's violation was willful, meaning the employer knew its conduct was unlawful or acted with reckless disregard for your rights, that deadline extends to three years. Acting promptly helps preserve evidence and gives your attorney more time to build a strong case.
FAQs for Chicago FMLA Lawyers
How do I know if my employer violated the FMLA?
An employer violates the FMLA by interfering with your right to take protected leave or by retaliating against you for requesting or using it. Interference includes denying a valid leave request, discouraging you from taking leave, or failing to restore your position when you return. Retaliation includes termination, demotion, pay cuts, or negative performance actions tied to your use of FMLA leave.
Do I still have FMLA rights if I work for a small company?
The FMLA applies to employers with 50 or more employees within 75 miles of your worksite. If your employer falls below that threshold, the federal FMLA does not apply. However, Illinois state laws such as the Paid Leave for All Workers Act and the Illinois Human Rights Act may still provide protections depending on the size of your employer and the nature of your claim.
What happens if my employer gave my job to someone else while I was on leave?
Under the FMLA, your employer must reinstate you to your original position or one that is equivalent in pay, benefits, and working conditions. Giving your job away while you are on approved FMLA leave and failing to offer an equivalent role upon your return may constitute interference. Exceptions exist for certain highly compensated employees, but they are narrow.
Do I have to tell my employer exactly what medical condition I have?
You do not have to share your specific diagnosis with your employer. However, you must provide enough information for your employer to determine whether your condition qualifies for FMLA protection. Your employer may request a medical certification from your healthcare provider, but that certification goes to the employer's HR department, not your direct supervisor, and your employer may not request your complete medical records.
What if my employer says I was fired for performance, not for taking FMLA leave?
Employers frequently cite performance issues as the reason for termination after an employee takes FMLA leave. Courts in the Northern District of Illinois examine whether those performance concerns existed before the leave request and whether the employer applied its policies consistently. If the performance problems appeared or intensified only after you requested or took leave, that pattern may support a retaliation claim.
Protect Your FMLA Rights with Chicago FMLA Lawyers at Greenberg Gross
The law gave you the right to take leave for the most personal moments in your life, whether caring for a sick parent, recovering from surgery, or bonding with a new child. No employer gets to punish you for exercising that right. If yours did, you have legal options that may include recovering lost wages, liquidated damages, and attorney's fees.
Greenberg Gross LLP's trial attorneys have secured multi-million dollar verdicts and settlements in employment cases across multiple jurisdictions. Past results do not guarantee future outcomes. Our founders' pedigree at a global litigation firm and our commitment to thorough trial preparation mean your case gets the attention and firepower it requires.
Call (312) 820-3050 today for a confidential consultation with a Chicago FMLA lawyer at Greenberg Gross LLP.