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How Employees Are Protected Under the FMLA in Illinois

March 4, 2020

Every employer in the U.S. must comply with the Family and Medical Leave Act (FMLA) or face costly lawsuits from frustrated employees. The Act allows eligible workers to take unpaid sick leaves and get their jobs back under certain conditions.

How the FMLA Is Used in Illinois

In Illinois, employers who have at least 50 employees have to follow the rules set down in the FMLA for at least 20 weeks. However, not every employee is eligible. Only employees who fit the following criteria can benefit from it:

  • Employees who have worked at least 1,250 hours during the last year.

  • Employees who have been on the payroll for at least a year.

  • Employees who worked with 50 other employees of the company in a 75-mile radius.

Individuals who have worked in the state for at least 12 months also qualify for medical as well as family leave under the FMLA. An employee who is in a civil union can also take leaves according to the Illinois Religious Freedom Protection and Civil Union Act.

Types of Leaves Available to Eligible Employees

Under the FMLA, employees can take the following leaves:

For Parental Reasons

Employees of the state can ask for a leave for child adoption or if they want to take care of a physically injured or emotionally disturbed child or other serious family concerns. They can get two weeks or 10 days off after they adopt the child.

For Child Birth

Women who work for the state and who pre-certify their pregnancy within the first 20 weeks are eligible for 20 business days of paid maternity leave. Additionally, employees who pre-certify for their spouse’s pregnancy can get 15 days of paid leaves as well. Similarly, adoptions also merit three weeks of paid leave. However, if members of the same family work for the state, only one of them can use these benefits in a year.

To Fulfill Familial Obligations

Employees who have to provide primary care to an immediate family member or member of their household can also take paid leaves. The leaves can be used to care for a disabled or bedridden member of the family, to settle the estates of a deceased family member, or to care for or nurse a newborn, among other reasons.

If you are an employee of the state and believe your rights under the FMLA have been violated in Schaumburg, IL, you need an attorney who can represent you aggressively in court. Get the compensation you deserve by choosing the Law Office of Michael T. Smith. He has an impressive track record representing more than 500 worker cases in federal court. He is not afraid of standing against injustice. For more than three decades, he and his impressive team have gone against Fortune 500 companies and government agencies to ensure their employees get the benefits they deserve as per the law. Don’t bow down to pressure. Get in touch with the law office today and allow justice to prevail.