This is the second hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws.
A manager of a Chicago, Illinois restaurant calls you regarding a long-term employee whose son is in the U.S. Marines. The employee would like to take a month off work to spend time with his son before he departs for Iraq. The employee does not have any unused vacation or other form of leave available under the Company’s policies. The manager advises that the employee’s performance is average, but a 30-day leave would negatively impact the restaurant’s operations during the busy summer months. You advise the manager that the Family & Medical Leave Act does not apply because neither the employee nor his family member suffers from a serious health condition, and the Uniformed Services Employment & Reemployment Act (USERRA) is inapplicable because that statute only protects employees who are, themselves,