FMLA: Illinois

Federal law and guidance on this subject should be reviewed together with this section.

Author: Michael G. Congiu, Littler

Summary

• In addition to the federal laws, an Illinois employer may also be subject to the state's family military leave and kin care leave laws. See Family and Medical Leave.
• Temporary workers may be entitled to family and medical leave in certain circumstances. See Illinois Day and Temporary Labor Services Act.
• Under the Family Military Leave Act, different leave requirements apply to employers with between 15 and 50 employees and employers with more than 50 employees. See Family Military Leave.
• A pregnancy-related disability must be treated like any other temporary disability with respect to rules for leave, reinstatement and the like. See Pregnancy Disability Leave.
• An employer may be required to provide leave as a reasonable accommodation to applicants and employees affected by pregnancy, childbirth or a medical or common condition related to pregnancy or childbirth. See Pregnancy Leave and Accommodation.
• If provided, childrearing leave must be granted on the same terms and conditions as other nondisability leaves. See Childrearing Leave.
• A covered employer must provide bereavement leave for the death of a covered family member or a loss related to pregnancy, adoption, surrogacy, or fertility. See Family Bereavement Leave.
• A covered employer may be required to provide additional bereavement leave if an employee loses a child by suicide or homicide. See Child Extended Bereavement Leave.
• Under Illinois law, an employer that offers personal sick leave benefits must allow employees to use the leave for absences due to a covered family member's illness, injury, medical appointment or for the personal care of a covered family member on the same terms that the employee may use the leave for the employee's own illness or injury. See Kin Care Leave.