The Family Medical Leave Act

Web Admin - Thursday, May 21, 2015

FMLA, Illinois, Crystal Lake employment lawyerFor various medical-related reasons, it may be necessary for a person to temporarily stop working. The Family Medical Leave Act (FMLA) provides individuals with a means for doing this without running the risk of losing their job. It is important for both employers and employees to understand this special area of employment law.

What Does the FMLA Provide?

The FMLA allows workers to take an unpaid leave of absence from work for specified medical and family purposes with the continuation of insurance coverage according to the same provisions as if the employee did not take the leave of absence. Under the FMLA, an employer must return the employee to the same job or one that is nearly identical or equivalent. A nearly identical job includes the following:

  1. - Identical pay and benefits;
  2. - The same shift or general work schedule;
  3. - A geographically proximate worksite; and
  4. - The same or substantially similar duties, responsibilities, and status.

An eligible employee is eligible for 12 workweeks of leave in a one-year period for:

  1. - Childbirth and to provide for the child within twelve months of the birth;
  2. - The care of a child adopted or placed under foster care within one year of the placement of the child with the employee;
  3. - The care for a direct family member who has a serious health condition;
  4. - A health condition that prohibits the worker from being able to perform essential job functions; or
  5. - Any demand due to the fact that the employee’s direct family member is a covered military member on covered active duty, which is defined as duty during the deployment to a foreign country.

Alternatively, an eligible employee may be entitled to 26 workweeks of leave during a one-year period to care for a covered service member with a serious injury or illness if the employee is the service member’s direct relative.


The FMLA applies to the following:

  • - Public agencies; and
  • - Private employers with 50 or more employees for at least 20 weeks in the current or previous calendar year.

In order for an individual to be eligible, the employee must:

  1. 1. Work for a covered employer;
  2. 2. Have worked 1,250 hours during the 12 months prior to the start date of the leave;
  3. 3. Work at a location where the employer has 50 or more employees within 75 miles; and
  4. 4. Have worked for the employer for 12 months.

The 12 months of work does not need to be consecutive. Further, under most circumstances, only employment within the last seven years is counted.

For more information about the requirements of the FMLA, whether you are an employer or employee, you should speak with an experienced Illinois employment law attorney. Our firm represents clients throughout the northwest suburbs, including Deer Park, Buffalo Grove, and Crystal Lake. 

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Recent Posts


fault based insurance attorney fees insufficient documentation Rolling Meadows life insurance claim denial attorney Landlord Tenant Ordinance foreclosure personal injury claims Barrington estate planning lawyer Palatine employment law lawyer surgical mistakes murder Barrington Traffic Lawyer Inverness corporate attorney pizza emoji Des Plaines personal injury lawyer Crystal Lake pet attorney insurance negligence forming a corporation in Illinois Palatine civil attorney Class A misdemeanor Illinois probate lawyer Forcible Entry power of attorney for healthcare Illinois traffic laws first degree murder trustee Chicago car accident lawyer workers compensation Palatine injury attorney car accident lawyer Retaliatory Discharge ACA traumatic brain injury Mount Prospect wills and trusts lawyers healthcare claims Mt Prospect Attorney tax attorney Des Plaines Traffic Lawyer Illinois employee rights attorney. Rolling Meadows personal injury lawyers Arlington Heights employment attorney subcontractor LLCs Rolling Meadows boating crash lawyer car collision liability claims personal injury accidents IRA benefits DMV Rolling Meadows drug defense attorney Inverness personal injury attorney Affordable Care Act appealing an insurance claim llinois Real Estate Lawyers Association Schaumburg Illinois business lawyer car crash Crystal Lake car accident attorney license suspended license Deer Park real estate law firm Crystal Lake pedestrian accident lawyer Des Plaines medical malpractice attorney Illinois criminal defense attorney work unions hiring employees changes to mortgage law wage theft marijuana Des Plaines motorcycle accident attorney Crystal Lake insurance lawyer underage DUI Chicago lawyer Des Plaines personal injury attorney vacation home Arlington Heights accident attorney employee rights dealing with problem employees car crash injuries Illinois driving without license personal injury Illinois personal injury attorney Schaumburg drug defense lawyer pay when paid contract foreclosed rental property Palatine drug lawyer Rolling Meadows litigation lawyer Buffalo Grove traffic lawyers controlled substance Chicago estate planning employment contract Illinois wills and trusts severance agreements Schaumburg employment attorney Crystal Lake car accident lawyer Rolling Meadows insurance dispute lawyers Illinois boating accident lawyer personal injury lawyer insurance claim denials Inverness civil lawyer Arlington Heights wills and trusts attorney Illinois corporate lawyer Arlington Heights wills and trusts lawyers Palatine civil litigation lawyer Inverness probate lawyer insurance adjusters modern family estate planning Schaumburg estate planning lawyer Illinois personal injury lawyer Illinois trucking safety ObamaCare whistleblower protections Barrington injury attorney Des Plaines civil attorney Whistleblower Claims IRS underfunded trust Illinois jet ski accident lawyer Des Plaines DUI attorney Arlington Heights estate planning attorney crossover accidents Rolling Meadows corporate lawyer Attorney Ken Apicella Des Plaines real estate attorney Illinois workers compensation attorney Rolling Meadows traffic attorney Colin H. Gilbert breathalyzer test bike accident Illinois employment law bicycle accidents medication errors automated cars Illinois job attorney workplace sexual harassment Illinois personal injury Palatine elder law attorney consent to a search Rolling Meadows rollover accidents Thanksgiving Barrington litigation attorney life insurance claims Deer Park employment law attorney sole proprietorship BUI license suspension Illinois civil litigation lawyer comparative negligence insurance claim dispute attorney Food and Drug Administration's Food Safety Modernization Act Chicago corporate attorney Crystal Lake estate planning lawyer independent contractor cell phone tower data Schaumburg personal injury attorney Illinois business law atorneys advance healthcare directive Palatine Attorney right to work Palatine business attorney comp time no contest clauses Illinois employment law firm power of attorney Illinois Wage Payment and Collection Act Illinois employment laws Illinois LLC creation Arlington Heights real estate lawyer Barrington real estate lawyer pedestrian accidents revenge porn Schaumburg civil litigation attorney Inverness DUI lawyer financial advisors Policy Cancellation holiday statistics Palatine construction attorney Illinois Trust Code Illinois insurance dispute lawyers Illinois Workers’ Compensation Commission Rolling Meadows car accident lawyers internet Barrington personal injury lawyer bad faith insurance claims Schaumburg construction accident lawyer car accidents new real estate form Chicago life insurance attorney Barrington civil litigation attorney Illinois home inspection Rolling Meadows employment law attorney Buffalo Grove car accident lawyer traffic tickets traffic offenses Illinois speeding lawyer marijuana crimes attorney Illinois workplace lawyer Rolling Meadows insurance attorney pet bites food poisoning natural gas explosion Chicago employment lawyer Arlington Heights criminal lawyer Illinois construction accident attorney residential real estate Schaumburg employment law attorneys corporate law loopholes Chicago traffic lawyer texting while driving defective products Arlington Heights car crash attorneys capital gains tax sexual harassment Palatine employment attorney Illinois insurance attorney Legal Info estate planning trusts drunk driving Illinois insurance claim dispute lawyer Rolling Meadows estate planning attorney Federal Food Drug and Cosmetic Act Buffalo Grove insurance claim dispute lawyers Illinois personal injury lawyers insurance denials traffic violations Chicago will attorney boating accidents Illinois bicycle safety insurance claims employment law BAC Rolling Meadows insurance dispute lawyers, insurance dispute workers comp trust payments vacation home fines Illinois traffic attorneys Barrington employment law firm Buffalo Grove personal injury lawyer Inverness estate planning lawyer Barrington medical malpractice lawyers insurance attorney drug possession license revocation Rolling Meadows traffic law firm Palatine corporate attorney unauthorized overtime Illinois estate planning law firm field sobriety test Crystal Lake traffic lawyer DUI attorney business litigation Crystal Lake will lawyer Barrington boating accident attorney estate planning Deer Park traffic accident attorney pedestrian injuries, pedestrian fatality Rolling Meadows criminal lawyer spinal cord injuries Crystal Lake business law attorneys real estate closing Illinois mortgages Crystal Lake bike accident lawyer Self-Directed IRA Accounts living trust Illinois medical malpractice lawyers commercial real estate institutional trustee liability Arlington Heights TBI attorney Schaumburg corporate attorney Buffalo Grove traffic attorney Illinois Probate Act of 1975 overtime pay Buffalo Grove injury lawyer Illinois attorney Crystal Lake accident attorney truck collisions Crystal Lake law firm Crystal lake insurance dispute attorney Joliet general practice lawyers agent Rolling Meadows medical malpractice lawyers personal injury claim uninsured motorist Palatine life insurance lawyer medical marijuana Illinois trusts attorney dynasty trusts estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Inverness real estate attorney underinsured motorist Chicago insurance claim attorneys Chicago attorney swimming pools coronavirus home inspection lawyer premises liability Crystal Lake personal injury attorney trusts Des Plaines real estate lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, denied insurance claim Barrington Illinois estate planning lawyer Illinois injury lawyer Barrington estate planning attorney Kenilworth estate planning attorney employment attorney rest breaks Arlington Heights insurance attorney Chicago insurance law firm trench injuries Schaumburg medical malpractice lawyer Illinois Smoke Detector Act Long Grove estate planning attorney rumble strips construction contracts employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Do Not Resuscitate real estate attorney Arlington Heights traffic attorney Palatine workers compensation lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Crystal Lake medical malpractice law firm murder defense Deer Park motorcycle accident lawyer insurance dispute Illinois insurance lawyer senior citizens wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace probate claims process Crystal Lake traffic attorney Illinois insurance claims lawyers federal crimes product liability contracts Arlington Heights trucking lawyer child safety Illinois law job lawyers FSLA Crystal Lake injury attorney Illinois workers compensation lawyer denied insurance claims estate tax Illinois Sales Representative Act digital media accounts, estate planning, Arlington Heights estate planning attorney, Des Plaines drug crimes lawyer medical malpractice claims School Visitation Rights Act car crashes traffic accidents BAIID Deer Park traffic lawyer back injuries Schaumburg car accident attorney accidental death benefits pedestrian accident Buffalo Grove personal injury attorney lapse in policy Rolling Meadows employment attorney defective products lawyer Illinois small business Crystal Lake employment attorney Illinois workplace discrimination attorney Des Plaines collections attorney Des Plaines criminal attorney DGAA IRA trust transfer license reinstatement Inverness accident lawyer Illinois red light cameras top life insurance claim denials denial of insurance claim clemency real estate Palatine employment lawyer traffic violations defense Schaumburg estate attorney hands free device wrongful termination Illinois insurance disputes hit and run accident Chicago trucking accident attorney Illinois rollover accident lawyers Des Plaines pedestrian-automobile accident slip and fall Barrington workers compensation attorney Illinois collections attorney Schaumburg life insurance attorney Schaumburg personal injury lawyer Arlington Heights wills and trusts lawyer Rolling Meadows tax attorney pregnant women Family Medical Leave Act Inverness injury lawyer Illinois traffic attorney owner responsibility trauma after an accident Fair Labor Standards Act elder law probate claims deed transfer DUI cause-of-death exclusions Kenilworth estate planning attorneys Long Grove estate planning attorneys Buffalo Grove real estate attorney Illinois employment lawyer guardianship attorney Illinois employment law attorney anesthesia errors problem employees boating DUI expungement Barrington criminal defense lawyer Crystal Lake criminal defense attorney Schaumburg personal injury lawyers Rolling Meadows accident lawyer commercial leases Des Plaines injury law firm civil litigation drug crimes lawyer boating under the influence TBI Schaumburg elder law lawyer criminal law unfunded trust medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers deadly crashes Chicago estate planning lawyer fiduciary rule delay natural gas insurance agent negligence loss of consortium texting and driving Illinois DUI attorney privacy laws pain and suffering insurance claim dispute probate lawyer medical research living wills Illinois Transfer on Death Instrument Buffalo Grove employment lawyer Barrington criminal lawyer Arlington Heights medical malpractice lawyer digital assets construction accidents Illinois medical malpractice claim dram shop law Mount Prospect elder law attorney Illinois will lawyer Buffalo Grove life insurance attorney traffic deaths operating agreements Illinois wills and trusts attorneys liens Arlington Heights wills and trusts attorneys Crystal Lake medical malpractice lawyer employee discrimination traumatic brain injuries motorcycle accident lawyer workers compensation benefits Palatine traffic lawyer Rolling Meadows business lawyer digital information Schaumburg real estate lawyer Illinois motorcycle accident lawyer spinal cord injury life insurance policy Inverness real estate lawyer Schaumburg traffic lawyer living trust benefits Des Plaines insurance attorney caregiver insurance disputes unpaid assessment Palatine punch death dog bites Schaumburg estate planning attorney Barrington personal injury attorney Rolling Meadows employment law attorneys most common reasons for life insurance claim denials breach of contract Rolling Meadows real estate attorney driving Illinois employment law attorneys rent to own real estate contracts Palatine real estate lawyer Illinois Human Rights Act employment law, Illinois employment laws social media after death Barrington drug crime attorney real estate attorneys traffic crimes POA GM ignition switches insurance claim Employment Discrimination Law Crystal Lake civil litigation lawyer denial of life insurance jet ski accidents Illinois car accident attorney Schaumburg criminal attorney real estate lawyer rollover car crashes taxes condo Long Grove real estate lawyer Rolling Meadows DUI lawyer life insurance wills and trusts auto accidents insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Schaumburg injury lawyer Des Plaines personal injury lawyers employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys small business preventable medical errors Jay Andrew PTSD Deer Park DUI lawyer Home Remodeling Repair Act Crystal Lake tax lawyer condo association unpaid overtime Illinois insurance claim dispute lawyers Mount Prospect real estate lawyer landlord tenant law paid sick leave brain injury insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys estate planning attorney irrevocable trust Rolling Meadows marijuana attorney civil litigation attorney drugs Schaumburg probate attorney South Barrington real estate lawyer Barrington attorney Illinois tax attorney Deer Park personal injury lawyer probate process bicycle dooring accidents life insurance claim denial, denial of life insurance claim healthcare Des Plaines accident attorney real estate contract nursing home negligence cell phone probate FMLA Des Plaines drug lawyer compensatory time Crystal Lake employment lawyer cell phone accidents wrongful death estate plan sexual images in terrorem provision homestead rights how to avoid common denials of life insurance claims filing a medical malpractice claim Deer Park criminal attorney Rolling Meadows probate lawyer Palatine trusts lawyer Buffalo Grove corporate attorney Illinois traffic ticket lawyer murder charges insurance claim denial Transfer on Death Instrument DNR beneficiary complications civil rights violation Liquor Control Act Chicago will attorney, social media platforms, Illinois estate planning lawyer, Illinois real estate criminal Arlington Heights Traffic Lawyer life insurance lawyer Illinois pet lawyer Buffalo Grove medical malpractice lawyers medical malpractice Illinois elder law attorney Arlington Heights pedestrian accidents Barrington life insurance lawyer Buffalo Grove criminal defense lawyer Inverness traffic law firm Rolling Meadows Attorney South Barrington real estate attorney Schaumburg insurance lawyers Rolling Meadows personal injury lawyer minimum wage installment contracts Long Grove wills and trusts attorneys Colin Gilbert college kids Arlington Heights tax lawyer Palatine probate lawyer Illinois pedestrian accident attorney insurance dispute attorney Rolling Meadows insurance lawyer meal breaks overtime violations ken apicella slip and fall accidents Illinois defective products attorney landlord distracted driving accident victims reckless homicide head on collisions Illinois registered agent speeding products liability mortgage Arlington Heights Attorney Des Plaines claims law firm Crystal Lake employment law attorney drug crime Palatine corporate law attorneys Inverness elder law lawyer Illinois medical malpractice attorney employee misclassification Palatine personal injury lawyer health insurance dispute blended families icy parking lots Arlington Heights car accident lawyer personal injury attorney fatal car accidents jet ski CAM personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys wills Illinois living will startup company Arlington Heights personal injury attorney mass shooting Kenilworth estate planning lawyer Buffalo Grove law firm Illinois estate planning attorney Barrington employment law attorney Detainer Actions Fourth of July Schaumburg Attorney Deer Park workers compensation lawyer employees insurance agents involuntary manslaughter Exclusions construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation insurance denial appeals Crystal Lake medical malpractice attorneys Riverwoods estate planning lawyer Crystal Lake personal injury lawyer low-ball insurance settlement Arlington Heights personal injury lawyer DUI defense golf accidents drunk driving statistics Illinois medical malpractice case car accident lawyers Arlington Heights lawyer Rolling Meadows personal injury attorney privacy disability benefits Illinois insurance claim attorney Palatine estate planning lawyer employment lawyer Illinois employment attorneys income distribution deducation Arlington Heights injury attorney Barrington employment attorney living trust vs will Palatine criminal defense lawyer motorcycle accident Arlington Heights employment law attorneys blood alcohol content estate planning lawyer Inverness insurance attorney Des Plaines pet law attorney creditors Buffalo Grove probate lawyer manufacturing Illinois lawyer Palatine law firm Deer Park accident attorney Rolling Meadows Traffic Lawyer investment property distracted driving accidents commercial leasing Illinois real estate lawyer Illinois estate planning federal regulations for LLCs elder abuse Schaumburg wrongful death attorney medical malpractice compensation Palatine traffic accidents Illinois wrongful termination lawyer Long Grove real estate attorney car accident personal injury law firm Rolling Meadows criminal attorney IRELA Deer Park medical malpractice attorney Chicago employment attorney estate attorney Palatine insurance lawyer Super Mario preventing accidents Illinois gift taxes criminal record Schaumburg criminal law attorney pet law digital evidence fiduciary rule special needs trust Barrington business law firm trucking accident lawyers estate planning for college students DUI penalities eluding a police officer Des Plaines tax law firm Illinois traffic accident lawyer real estate zoning real estate leasing insurance claim delay Long Grove estate planning traffic laws criminal defense Home Sale Contingencies probate fees gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Chicago biking tips material misrepresentation caretaker rights drug crimes trucking accidents