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Answers Posted By Stephen Glickman

FMLA may be taken in blocks or intermittently. If you are covered by the FMLA, you have the right to take intermittent FMLA leave. You do not have to take off full-time for FMLA. If the suspension was given to you in retaliation for your request for FMLA leave, or to interfere with your rights under the FMLA, the suspension is illegal.

answer to Asked for FMLA, told to just take time off, then disciplined posted Jan 19, 2011 12:26 PM [EST]
It is illegal for an employer to retaliate against an employee for exercising his or her FMLA rights. It is also illegal for an employer to interfere with an employee's exercise of his or her FMLA rights.

The issue is whether the position elimination is legitimate or just pretext for FMLA retaliation and interference. The statement by the HR person and the harassment may help to show that it is the latter.

Steve Glickman

312.960.9550

answer to Job discontinuation due to FMLA use posted Nov 24, 2010 11:26 AM [EST]
Report the sexual harassment to management asap. Follow the reporting procedure contained in any sexual harassment policy the company might have. Report in writing; consult with an employment attorney first.

Don't quit. The company is required to promptly investigate and take appropriate remedial action. If it fails to do so, its liability will increase.

Sexual harassment claims under the Illinois Human Rights Act apply to companies of all sizes--there is no minimum number of employees requirement. There is also individual liability for the sexual harasser. A Charge of sexual harassment must be filed with the Illinois Department of Human Rights within 180 days of any violation. Time is of the essence to your claim.

Steve Glickman
312.960.9550
www.glickmanpc.com

answer to Sexual Harrassment and Unemployment posted Sep 23, 2010 12:15 PM [EST]