Continue to Prioritize FMLA Obligations

During the 2022 legislative session, the Illinois General Assembly passed two laws specifically relating to leave available to school employees. PA 102-335 reduces the number of hours that school district employees must work to qualify for FMLA leave from 1,250 hours to 1,000 hours.  Also, PA 102-866 amends Section 24-6 of the School Code to provide that sick leave may be used for “mental or behavioral health complications” and that school districts may request certification from a “mental health professional licensed in Illinois providing ongoing care or treatment to the teacher or employee…”

As school districts prioritize their obligations under the FMLA, a recent Seventh Circuit case set for an important reminder regarding FMLA rights of employees.  In Ziccarelli v. Dart, 35 F.4th 1079 (7th Cir. 2022), the Plaintiff was a long-time employee in the Cook County Sheriff’s Office who had an extensive history of taking FMLA leave.  Plaintiff sought additional FMLA leave to enroll in a PTSD treatment program. The employer’s FMLA manager allegedly replied, “you’ve taken serious amounts of FMLA . . . don’t take any more FMLA. If you do so, you will be disciplined.” The Seventh Circuit clarified its precedent and held that it is not necessary that an employer deny an FMLA leave request for an employee to state an FMLA interference claim.  Rather, merely discouraging an employee from taking FMLA leave may constitute interference with the employee’s FMLA rights.