Some states have few or no leave of absence laws, but Illinois has several. There’s the Family and Medical Leave Act (FMLA), a federal law, as well as the Paid Leave for All Workers Act (PLAWA), a state law that came into effect on January 1, 2025. Not only that, but employees in Chicago and Cook County may have additional protections.
This means that taking a leave of absence in Illinois can be more complex than in other states. HR teams need to understand employees’ rights to take paid time off or unpaid leave for a wide range of personal, family, and medical reasons.
Here’s what organizations should know about processing a leave of absence in Illinois under FMLA, the PLAWA, and other state-specific leave laws.
Who Can Take a Leave of Absence in Illinois?
The amount of leave that employees are eligible for depends on their reason for taking leave and which law or laws it falls under. Nearly all workers in Illinois are eligible for some form of accrued leave or paid sick leave under the following regulations:
- Paid Leave for All Workers Act (PLAWA)
- Cook County Paid Leave Ordinance
- Chicago Paid Leave and Paid Sick and Safe Leave Ordinance
Each law has different accrual policies and carryover guidelines. For example, under the PLAWA, employees in the state of Illinois accrue one hour of paid leave per 40 hours of work; in Chicago, they accrue one hour of leave per 35 hours of work.
Employees may have additional entitlements under the Family and Medical Leave Act (FMLA), a federal law that applies to “covered employers” with at least 50 employees. Eligible employees can take up to 12 weeks of unpaid leave in a 12-month period for FMLA-qualifying reasons like the birth of a child or a medical condition.
Qualifying Reasons for a Leave of Absence in Illinois
If an employee has enough leave accrued, they can take a leave of absence in Illinois for any reason, no explanation required. To qualify for another type of leave, such as FMLA leave or paid sick leave, they need to meet one of the following criteria:
- Sick family member: Federal family leave law (FMLA) provides up to 12 weeks of leave to care for an ill or injured family member.
- New child: There’s no statewide parental leave under Illinois law, but some state workers get parental leave benefits. FMLA also provides up to 12 weeks of leave following the birth or adoption of a child, or their placement in foster care.
- Military leave: Active duty service members and their families may be entitled to leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA) or the Illinois Family Military Leave Act. Eligible employees can also take up to 26 weeks of military family leave under FMLA to care for a family member injured during the course of military service.
- Medical condition: Employees can take up to 12 weeks of leave under FMLA to address their own serious health condition. They may need to provide a medical certification or additional information to confirm their eligibility.
- Domestic violence: Illinois employers must provide up to 12 weeks of unpaid leave to employees experiencing domestic or sexual violence under the Illinois Victims' Economic Security and Safety Act (VESSA).
- Bereavement: The Illinois Family Bereavement Leave Act (FBLA) provides up to 10 calendar days of unpaid leave following the death of a family member.
Eligibility Criteria for a Leave of Absence in Illinois
Not all employees who have a qualifying reason will be entitled to take a leave of absence in Illinois. First, they need to meet certain eligibility criteria. According to the U.S. Department of Labor, both part-time and full-time employees can qualify for FMLA, but first they must:
- Work for their employer for at least 12 months
- Perform 1,250 hours of work within the preceding 12 months
- Work at job site with at least 50 other employees in a 75-mile radius
Similarly, the Illinois Department of Labor sets out criteria for paid leave in Illinois, which typically becomes available 90 days after the beginning of employment. Employers may choose to “front-load” the full amount of leave each year instead of letting it accrue.
In Chicago, the paid leave law applies to all employees who “work at least 80 hours for an employer within any 120-day period while physically present within the geographic boundaries of the city,” including any compensated commute time.
If you have a distributed workforce or a remote work policy, understanding your role as an employer can be complicated. Using a leave of absence management platform like Pulpstream can take some of the confusion out of the process, and reduce the time it takes to approve or deny a leave request from 8 hours to just 15 minutes.
Of course, if an employee doesn’t qualify for FMLA or another type of leave, they may still be able to take time off under your company’s personal leave policy.
3 Key Responsibilities for Employers in Illinois
What obligations do employers have when facilitating requests for a leave of absence in Illinois? In addition to fielding leave requests and tracking leave balances, employers should follow these best practices to meet their obligations under state and federal law.
1. Provide accurate information.
Employers are required to inform employees about their rights to paid and unpaid leave in Illinois. Employers can display a FMLA poster and PLAWA notice in their workplace, which answers some frequently asked questions about these employment laws.
Employers can also include a leave of absence policy in their employee handbook, and provide a self-service portal where employees can log in to submit a leave of absence request and review their accrued leave balance.
2. Have a clear reinstatement process.
Employees who qualify for job-protected leave, such as FMLA leave, have additional rights. They’re entitled to keep their health insurance while on leave (as long as they continue to pay their share of insurance premiums) and must be allowed to return to work in the same role or an equivalent position.
Having a clear return to work policy can help you comply with FMLA return to work guidelines and ensure a smooth transition back to the workplace.
3. Ensure confidentiality.
Employees who take a leave of absence in Illinois for family or medical reasons may be asked to provide a medical certification or other health care documents. Although employers are legally allowed to ask for this information, they must keep it separate from other files in order to comply with FMLA confidentiality rules.
When you use a cloud-based leave management platform like Pulpstream, you can ask employees to upload supporting documents securely to the cloud, reducing paperwork and protecting their privacy.
Streamline Your Illinois Leave Policy with Pulpstream
The state of Illinois has a mix of federal, state, and local laws that determine whether or not an employee qualifies for a leave of absence. Employers must adhere to the Family and Medical Leave Act (FMLA), the Paid Leave for All Workers Act (PLAWA), and local ordinances that apply to workers in Chicago and Cook County.
Managing a leave of absence in Illinois can be complicated, but Pulpstream’s leave of absence automation platform simplifies the process for employees and HR teams alike. Employees get access to an online portal where they can submit requests and upload documents, while HR teams can use our custom rules engine to assess eligibility for leave and track accrued leave balances.
Pulpstream’s HR automation tools can save time and money and improve your HR compliance. Request a demo today to see how!
