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


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