Family and Medical Leave Act (FMLA)

Guide last updated: April 17, 2026. Hazard class: employment and health. Civic education by a Concerned Parent.

The short version

The Family and Medical Leave Act provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. Your employer must maintain your health insurance during leave and must reinstate you to the same or equivalent position when you return. FMLA is separate from — and often runs alongside — Illinois's Paid Leave for All Workers Act, Chicago's Paid Sick Leave, and disability or workers' comp benefits.

Eligibility

To be eligible for FMLA, you must meet all three:

  1. Work for a covered employer:
    • Private employer with 50+ employees within 75 miles of your worksite
    • Public agency (federal, state, local — regardless of size)
    • Public or private elementary/secondary school (regardless of size)
  2. Have worked for the employer 12+ months (does not need to be continuous; the 12 months can be cumulative over 7 years)
  3. Have worked 1,250 hours in the past 12 months (approximately 24 hours/week average)

Qualifying reasons

What "serious health condition" means

A condition that involves:

Routine colds, minor illnesses, and elective procedures generally don't qualify. Chronic conditions (diabetes, asthma, migraines with episodic flares) typically do.

Leave structure

Pay during FMLA

FMLA leave is unpaid federal law. But:

Health insurance during leave

Your employer must maintain your group health insurance on the same terms as if you were working. You may be required to continue paying your usual share. If you don't return to work after leave, the employer may — in specific circumstances — recover health insurance premiums they paid during your leave.

Reinstatement rights

When FMLA leave ends, your employer must reinstate you to:

Narrow exceptions apply (for "key employees" — the highest-paid 10% within 75 miles — in some circumstances). Most employees have a clear reinstatement right.

How to request FMLA

  1. Notify your employer of the need for leave. For foreseeable leave, give at least 30 days' notice. For unforeseeable leave, notify as soon as practicable.
  2. Employer provides FMLA notice within 5 business days — eligibility notice, rights/responsibilities notice.
  3. Submit medical certification within 15 calendar days. Use Form WH-380-E (employee) or WH-380-F (family member) or your employer's similar form. Have your healthcare provider complete it.
  4. Designation: Employer reviews and designates the leave as FMLA (or not) within 5 business days.
  5. Ongoing: Employer may require periodic recertification for extended or intermittent leave.

Common issues and responses

"You don't qualify for FMLA"

Ask why, in writing. Verify your employer's size, your hours, and your tenure against the criteria above. Employers sometimes miscalculate.

"Your condition isn't serious enough"

Medical certification from your provider is controlling. If your employer disagrees, FMLA allows them to seek a second opinion at their expense. If you and the employer disagree about whether the condition qualifies, the employer cannot use that as a basis to deny leave without going through the certification process.

"You need to do your job duties while on leave"

The whole point of FMLA is protected leave. Some check-ins for essential information transfer are permitted, but employer attempts to require substantive work during FMLA violate the law.

"Your position isn't available when you return"

This is generally FMLA interference or retaliation. Document the employer's communications and contact the Department of Labor or an employment attorney.

Retaliation

Adverse actions following FMLA leave are often retaliatory. Document performance reviews before and after leave; note any disciplinary actions that follow protected leave.

FMLA and Illinois Paid Leave for All Workers Act

Since 2024, Illinois has required employers to provide at least 40 hours of paid leave per year for any reason. Accrues at 1 hour per 40 hours worked. Usable after 90 days of employment. This is separate from FMLA — a covered employee can use Paid Leave for All Workers Act time concurrently with the first week of FMLA, for instance.

Enforcement

If FMLA rights are violated:

Free help