Family and Medical Leave Act (FMLA)
FMLA allows qualified employees to take up to 12 weeks of unpaid leave from work in any 12-month period for specified family and medical reasons. FMLA applies to private employers that have at least 50 employees with 75 miles of the worksite and to most federal and all Illinois state and local governments and agencies.
An employee is eligible for FMLA leave if he or she: 1) has been employed by the employer for at least 12 months; 2) has worked for the employer at least 1,250 hours during the previous 12 months; and 3) is employed at a worksite with at least 50 employees at that location or within a 75-mile radius.
An eligible employee is entitled to FMLA for the following reasons:
1) because the employee has a serious health condition
2) to care for the employee’s spouse, child, or parent who has a serious health condition; or
3) to care for the employee’s newborn child or a newly placed adopted or foster child.
The employee must give notice of need for FMLA to his/her employer leave as soon as practicable (up to 30 days notice). The employee must also provide his/her employer sufficient information for the employer to understand that the requested leave qualifies under the FMLA. Merely calling in sick is not sufficient.
An employee may take FMLA leave all at once or on an intermittent basis, which is periodic.
With few exceptions, the Family and Medical Leave Act gives employees the right to be restored to the same or an equivalent position upon his/her return, the right to continued health benefits during leave, and the right not to be discriminated against for taking leave.
If you have concerns about FMLA leave, feel free to call us at (312) 870-5800.
This website is for informational purposes only and not for the purpose of providing legal advice. Use of and access to this website or any of the email links contained within the site do not create an attorney-client relationship between Choate Herschman Levison, LLC and the user.
Choate Herschman Levison, LLC
401 S. LaSalle St., Suite 1302G
Chicago, IL 60605