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


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