AugLM2022

LegalCorner

Chad Watkins IASA Associate Director/General Counsel

To help school leaders navigate uncertain times, IASA has partnered with leading law firms throughout Illinois to provide districts with critical guidance during the 2022–23 school year. In every issue of Leadership Matters, the IASA Legal Corner will showcase an article written by attorneys who specialize in legal matters related to education. It is our hope you find the content insightful, timely and helpful in addressing the critical matters you face.

This month, Hodges, Loizzi, Eisenhammer, Rodick & Kohn LLP writes about the Family Medical and Leave Act, commonly known as FMLA. The authors are Ellen Rothenberg and Barbara Erickson. As a reminder, the articles are provided for informational purposes only, and you are advised to contact your district counsel for legal advice. Click on the link below to access the article.

Merely Discouraging Employee fromTaking Leave May Violate the FMLA

In Ziccarelli v. Dart, the Seventh Circuit Court of Appeals (which has jurisdiction over federal claims brought in Illinois) held that the Family and Medical Leave Act (“FMLA”) was violated when Mr. Ziccarelli’s employer threatened him with discipline if he used any more leave pursuant to the FMLA. The employee worked for the Cook County Sheriff’s Department for almost 30 years and, over the course of his employment, used FMLA several times. In September

2016, the employee called his employer’s FMLA manager, who allegedly told him, “[Y]ou’ve taken serious amounts of FMLA…don’t take any more FMLA. If you do so, you will be disciplined.” The employee retired soon after that conversation, stating that he feared dismissal. He then filed a lawsuit. Initially, the lower court ruled in favor of the motion for summary judgment filed by the employer.... (continue reading)...

21 LM August 2022