The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) lets you take time off work when you are sick. You must be an eligible employee with a serious health condition that prevents you from doing your job.

You can also take time off if your parent, spouse, or child has a serious health condition. You have the right to return to work after your time off.

Employers that are covered and employees who are eligible

The FMLA covers employees who have worked for:

• The same employer for at least 12 months, and
• At least 1,250 hours for that employer in the previous 12 months. 

It covers businesses that employ 50 or more persons within a 75-mile radius. It also covers any public or governmental agency, and elementary and secondary schools, no matter how many people it employs.

Illinois school employees

An employee of a school district, public university, or community college in Illinois can also be eligible for family and medical leave similar to that provided under the federal FMLA. To be eligible, the person must have been employed by the school for at least 12 months and worked at least 1,000 hours in the previous 12-month period.

Leave under FMLA

You are entitled to leave under the FMLA only:

• If you or an immediate family member (spouse, child or parent) have a "serious health condition,"
• For birth and care of a newborn child, or
• For placement of a child with you for adoption or foster care. 

A serious health condition is an illness, injury, impairment, or physical or mental condition. It must involve either inpatient care or continuing treatment by a health care provider.

In some cases, a serious health condition under the FMLA is also a disability under the Americans with Disabilities Act (ADA). But this is not always the case.

Other leave when a family member has a serious health condition

In addition to the FMLA, employees in Illinois can use their sick time for a family member's condition. Sick time can be used to deal with an illness, injury, or medical appointment of their:

• Child,
• Stepchild,
• Spouse,
• Domestic Partner,
• Sibling,
• Parent,
• Mother-in-law,
• Father-in-law,
• Grandchild,
• Grandparent, or
• Stepparent.

Employers can limit the amount of sick time an employee uses in this way. But they can't make it less than the amount of sick time the employee earns in a 6-month period.​

This applies only to Illinois employers who already provide sick leave benefits to their employees.

There are also rules that apply specifically to Illinois teachers. Learn more about sick leave for full-time teachers.

Blood and organ donation

Starting January 1, 2024, Illinois employees can use paid leave to donate blood or an organ. Employees can use 1 hour of paid leave every 56 days to donate blood. An employee may use up to 10 days of paid leave every 12-month period to donate an organ.

Your rights to medical leave and benefits during the leave period

The amount of leave allowed

If you qualify, the FMLA requires the employer to provide you with up to 12 full weeks of unpaid leave for each 12-month employment period.

In some cases, you may be entitled to additional unpaid leave as a reasonable accommodation under the ADA. This only applies if your condition qualifies as a disability under the ADA.

Learn more about how to take your leave.

Paid leave or unpaid?

Normally, FMLA leave is unpaid. This means that you do not receive a salary or other wage during the leave period.

However, employers sometimes offer paid leave when a serious health condition interferes with employment. For example, some employers pay employees during the leave period, but take the pay out of the employees' sick leave or vacation benefits.

In order to prevent employees from tacking paid leave onto the 12 weeks of FMLA leave, the law allows employers to substitute your paid leave benefits for unpaid FMLA leave. In this way, the employer can prevent you from "tacking," and limit leave to 12 weeks.

If an employer substitutes paid leave with unpaid leave, the employer cannot put extra restrictions on how you use your paid leave. Your employer also might require you to get a certification from your doctor. The certification would say that your unpaid leave is necessary.

City of Chicago

A Chicago City Ordinance requires employers to give employees paid sick leave.

In order to be eligible for paid sick leave, employees must work:

• At least 80 hours during any 120 day period, and
• At least 2 hours of work within the city within any 2 week period.

Hours must be worked inside Chicago to count.

Employers must give 1 hour of paid sick leave for every 40 hours worked, up to a maximum of 60 hours in each 1 year period. Employees can carry over unused paid sick leave into the following 1 year period, generally up to 20 hours. Paid sick leave also extends to employees’ covered family members.

Medical certification 

If you request a medical leave unrelated to birth of a child or a child placed for adoption or foster care, your employer may require certification from a doctor or other health care provider. This is so the doctor can verify the serious health condition. Employers can only legally request certain medical information on a certification.

The U.S. Dept. of Labor has developed a form for medical certification that meets the FMLA's certification requirements. The employer cannot require any additional information beyond what is on that form. The information on the form must relate only to the serious health condition.

Learn more about medical certifications.

Transfer to an alternative position to accommodate the leave

In some cases, an employee or their family member may have a condition that requires only a "partial leave." This refers to a leave which lets the employee work on a modified schedule. In other cases, the health condition requires an intermittent leave. This refers to leave taken in parts.

If you are in one of these situations, the FMLA permits an employer to temporarily reassign you to an alternate position that more adequately conforms to the new work schedule.

The alternative position must have equal pay and benefits, although the duties don't need to be the same. The needs of the business should support the reassignment, and it should not cause a hardship for the employee. Otherwise, it might be unlawful discrimination and harassment under the ADA.

Employee benefits during medical leave

While on leave, you should get the same group health benefits you would get if you were still on the job. You must continue to pay the share of group health plan premiums that you were required to pay before you were on leave. But if your leave ends and you do not return to work, you may owe your employer the money it paid to cover you. This does not apply if you don't return because of a serious health condition or circumstances beyond your control.

Your entitlement to other benefits will be determined under the terms of the plans based on your employer's policies for paid or unpaid leave, as appropriate. Your employer cannot take away any other accrued employment benefits just because you take unpaid leave.

Protections for certain public employees 

Illinois law has given certain public employees paid time off while they recover from work-related injuries. It covers eligible public employees who work in dangerous conditions, like: 

• Law enforcement officers, 
• Firefighters, and
• Correctional officers.

The paid time off lasts throughout the employee’s entire recovery time, but generally not longer than a year. There is no minimum amount of paid time off.

Starting January 1, 2024, illness will also be covered under this law.   

Returning to the same job

Under the FMLA, you are not guaranteed to return to the exact position you held before you went on medical leave. However, an employer must return you to a position with the same pay, benefits, and working conditions. This includes privileges, "perks," and status. It must involve the same or very similar duties and responsibilities.

Learn more about job restoration.

How to protect or [no-lexicon]enforce[/no-lexicon] your rights

What to tell your employer

You need to give some notice to your employer that you plan to take medical leave. You are not required to mention the FMLA by name. You must give your employer enough information to show you have a medical issue that prevents you from doing your job.

You must provide this information either:

• 30 days before the leave is to begin, if you already know about it, or  
• If you become aware of your need for leave less than 30 days before you need it, then as soon as possible.

What you can do if the employer has violated your rights to medical leave

If an employer has violated your rights under the FMLA, you can file a private lawsuit in court. You must file your lawsuit within 2 years of the violation, or within 3 years if the violation was willful.

You may also assert an FMLA claim through the U.S. Department of Labor (DOL). You can file a complaint at any local office of the Wage and Hour Division of the DOL. You can file in person, by mail, or by phone.

If you choose to file a complaint with the DOL, you should do so as soon as you discover that your employer violated your FMLA rights. You must file the complaint within 2 years, or 3 years in the case of a willful violation.

The Department of Labor will investigate and try to resolve your complaint. If the Department cannot resolve it but they think you have a good case, they can file suit against the employer.

Illinois Paid Leave for All Workers Act

There may be other ways to take time off from work. Beginning January 1, 2024, the Illinois "Paid Leave for All Workers" Act becomes effective. Find out more about the law here.