Illinois has no state version of family and medical leave, so leave for a new child or a serious health condition comes from the federal Family and Medical Leave Act. This is one of the leave and job-security topics covered in the overview of Illinois employment law. This article walks through who qualifies, how to give notice, what the medical certification process looks like, and how the federal job protection fits alongside Illinois leave laws.
Who qualifies for FMLA leave in Illinois
FMLA eligibility turns on the employer and on the individual worker, and both tests have to be met on the day the leave is set to begin.
The employer has to be a covered employer. Under the Department of Labor’s Fact Sheet #28, a private-sector employer is covered if it employs 50 or more workers in 20 or more workweeks in the current or previous calendar year. Public agencies and public and private elementary and secondary schools are covered regardless of headcount.
The worker also has to be an eligible employee. As set out in 29 CFR § 825.110, an eligible employee is one who has been employed by the employer for at least 12 months, has worked at least 1,250 hours of service during the 12 months right before the leave starts, and works at a site where the employer has at least 50 employees within 75 miles. The 12 months of employment do not have to be consecutive, and time spent in military service counts toward both the months and the hours under the Uniformed Services Employment and Reemployment Rights Act.
What FMLA covers and how much leave you get
An eligible employee may take up to 12 workweeks of leave in a 12-month period for a covered reason, a figure set by 29 U.S.C. § 2612. The qualifying reasons are the birth of a child or placement of a child through adoption or foster care, caring for a spouse, child, or parent with a serious health condition, the employee’s own serious health condition, and certain needs arising from a family member’s military service.
Leave to care for a family member who is a covered servicemember with a serious injury or illness runs longer, up to 26 workweeks in a single 12-month period, also under § 2612. Leave does not have to be taken all at once. When it is medically necessary, an employee can take it intermittently or on a reduced schedule, though leave to bond with a new child can be split up only if the employer agrees, according to Fact Sheet #28. FMLA leave is unpaid. An employee can choose to use accrued paid vacation, sick, or PTO time during the leave, and an employer can require it, so long as the reason for the leave fits the paid-leave policy. ## How to request the leave There is no government application to file and no form to send to any agency. The request goes to the employer. What the law requires is timely notice with enough detail for the employer to recognize that the absence may be FMLA-qualifying. Timing is governed by 29 CFR § 825.302. When the need for leave is foreseeable, a scheduled surgery, an expected birth, a planned adoption, the employee must give at least 30 days’ advance notice. When 30 days is not practicable, such as a medical emergency or a change in circumstances, notice must be given as soon as practicable, which usually means the same day or the next business day after the need becomes known.
Tell the employer about the need for leave
Notify a supervisor, HR, or whoever handles leave. The first time an employee requests leave for a given reason, they do not have to name the FMLA or claim rights under it, they only have to give enough information for the employer to see the absence may be covered. Stating the expected timing and rough duration is part of that under 29 CFR § 825.302.
Follow the employer's usual call-in and request procedures
An employer can require employees to follow its normal notice and paperwork rules for requesting leave, absent unusual circumstances. Using the company’s leave-request form or calling the designated line keeps the request from being delayed.
Wait for the eligibility and rights notice
Within five business days of learning of the request, the employer gives an eligibility notice on form WH-381, which states whether the employee is eligible and lays out rights and responsibilities.
Return any requested medical certification
If the employer asks for certification, the employee returns it within 15 calendar days. This step is where most requests stall.
Frequently asked questions
Does Illinois have its own FMLA?
No. Illinois has not enacted a general state family and medical leave law that mirrors the federal FMLA. Leave for a new child or a serious health condition comes from the federal statute. Separate Illinois laws, the Paid Leave for All Workers Act, the Employee Sick Leave Act, and the Victims’ Economic Security and Safety Act, cover narrower situations and can apply alongside or instead of the FMLA.
Can an employer deny FMLA leave if I give less than 30 days’ notice?
Not when 30 days was not practicable. The 30-day rule in 29 CFR § 825.302 applies to foreseeable leave. For an emergency or an unforeseeable need, notice given as soon as practicable satisfies the rule. Leave can be delayed or denied if an employee had the chance to give 30 days’ notice for a foreseeable event and did not, without a valid reason.
Is FMLA leave paid in Illinois?
FMLA itself is unpaid. An employee can substitute accrued paid vacation, sick, or PTO time during the leave, and an employer can require that substitution when the reason fits the paid-leave policy. Paid time earned under the Illinois Paid Leave for All Workers Act may cover part of the absence.
What happens if I don’t return the medical certification in time?
An employee has at least 15 calendar days to return a requested certification under 29 CFR § 825.305. If it comes back incomplete or unclear, the employer must give seven more calendar days to fix it. A certification that is never returned counts as a failure to certify, which can result in the leave being denied.
Can I take FMLA leave a few hours at a time?
Yes, when it is medically necessary. Intermittent or reduced-schedule leave is available for a serious health condition or for military-family reasons. Leave to bond with a new child can be taken intermittently only if the employer agrees.