Illinois does not have a family/medical leave law to give you extra protections beyond the federal Family Medical Leave Act (FMLA) but there are a few laws in Illinois which give some workers extra rights.
Some workers can take an hour of paid leave to donate blood.
Many workers and independent contractors have rights to unpaid time off when a husband, wife, or child is deployed by the military.
State workers have greater rights than federal FMLA for:
The Illinois Employee Blood Donation Leave Act gives some workers the right to 1 hour of paid leave to donate blood. They can use blood donation leave every 56 days, if it meets blood donation standards.
Workers have a right to paid time off for blood donation if they:
- work for a private company or organization (not a government agency) with at least 51 employees
- work for a local government or election board
- are full-time workers
- have worked there for at least 6 months
The Illinois Family Military Leave Act gives the husband, wife, or parent of a member of the military deployed for at least 30 days has a right to unpaid time off.
- To have right to time off, employees and independent contractors have worked 12 months and 1,250 hours in the year before the leave.
- When between 15 and 50 employees and independent contractors are working for an employer, workers can take up to 15 days of military family leave.
- When over 50 employees and independent contractors are working for an employer, workers can take up to 30 days of military family leave.
- Workers must give at least 14 days notice before the beginning of the leave that will last 5 days in a row. For shorter leave, you have to give as much notice as you can.
- Workers should work with their boss to make sure that the leave doesn't doesn't disrupt work more than necessary, if possible.
- Workers have to use any vacation, personal, or comp time (but not sick or disability time) before taking Family Military Leave.
- After the leave, workers have a right to go back in their old (or an equivalent) job -- unless there's a reason not to that doesn't have to do with their Family Military Leave.
- Workers can pay to continue their benefits during their leave.
To enforce this law, you have to file a law suit.
Family Responsibility Leave gives state workers an unpaid leave of absence for up to 1 year for family responsibilities, including:
- birth or adoption (only of a newborn)
- care for a disabled, sick, or injured member of your household or family
- supervise (when that means you can't work) a member of your household or family
- help when your family is dislocated by a disruptive event
- settle a family member's estate
After your leave, your record should not show a break in service or a loss of seniority. Leave is for permanent full-time employees, except that intermittent workers will be non-scheduled for the time of their leave.
Maternity/Paternity and Adoption Leave gives state workers the right to 4 weeks of paid time off for the birth or adoption of a child.
- If both parents are state workers, only one leave is given for each birth or adoption.
- Unmarried fathers are eligible for leave, with proof of paternity.
- You have to give notice 30 days before the due date.
Organ Donor Leave Act gives paid time off for state workers to donate organs, bone marrow, blood, or blood platelets. It covers both full-time and part-time workers employed for at least 6 months. Workers can take up to 30 days paid time off in any 12 month period to be an organ or bone marrow donor, 1 hour every 56 days to be blood donor, and 2 hours to donate blood platelets. You don't have to use up your accrued benefit time before getting organ donor leave.
Family Military Leave Act 820 ILCS 151/
Employee Blood Donation Leave Act 820 IL Compiled Statutes 149/
Family Responsibility Leave Illinois Administrative Code tit. 80 § 303.148
Maternity/Paternity and Adoption Leave Illinois Administrative Code Section tit. 80 § 303.130
Organ Donor Leave Act 5 IL Compiled Statutes 327/