Human Resource Blog

14 Responses to “Illinois Maternity Leave”

1. Diana I. Martinez Says:
   January 24th, 2009 at 2:09 pm

   Does time a woman spends on bed rest (under doctor’s order) before childbirth count as leave under FMLA? The person lives in Chicago.

2. Caitlin Says:
   January 24th, 2009 at 7:09 pm

   Hi Diana!
   Yes, time spent on bed rest is FMLA leave throughout the U.S. Employees are entitled to a total of 12 weeks of unpaid, job-protected FMLA leave during the year. So, if the mother spends 8 weeks on FMLA for bed rest before the birth, she only has 4 weeks of FMLA to use after the birth. HTH, and thanks for reading the blogs!~Caitlin

3. Flora Says:
   March 9th, 2009 at 3:24 pm

   Im currently 22 weeks pregnant with twins Doctor wants to put me off work already. My due date is not until July 8th 2009 what will happen in my situation I will use the FMLA for 12 weeks then after 12 weeks what happens? My insurance is telling me that maternity leave is considered FMLA? Please help Im confused….

4. Caitlin Says:
   March 9th, 2009 at 3:50 pm

   Hi Flora! Yes, in Illinois maternity leave and FMLA are the same. Because Illinois has no family leave law, you are entitled to a total of 12 weeks of unpaid, job-protected leave in a 12-month period. However, FMLA only provides 12 weeks of leave, for all reasons combined. So if you take off 10 weeks before the birth of your twins, you will only have 2 weeks of job-protected leave afterwards.
   An Illinois employer can terminate an employee who has used the entire 12 weeks of leave and does not return to work — even if the employee has a valid reason not to return. HTH, and thanks for reading the blogs!~ Flora

5. Teacher Says:
   March 27th, 2009 at 8:37 pm

   I’m a teacher and am due to give birth in June. I have lots of “sick leave” earned and want to take the first month of the fall school year off to be with my baby. My doctor has told me that she won’t write an “excuse” without reason and I want to know if the district can require a medical reason to take the leave. (Praying that my baby is healthy!)
   Thanks for any help!

6. Caitlin Says:
   March 28th, 2009 at 1:58 pm

   Hi Teacher!

   This is an interesting question.
   Normally, yes, the school district can require that you provide a medical reason for taking such extended leave. In fact, a one-month absence would probably trigger FMLA notification. Often, employees must use FMLA and sick leave at the same time, for such a lengthy absence. Under FMLA, the employer can require that the worker’s serious health condition be certified by a healthcare provider. The employee can refuse to release this (partial) medical information, but then the employee can be terminated.
   Under the new Jan. 2009 FMLA regulations, employees are usually entitled to use any paid leave, including sick leave or vacation, while on FMLA. Check with the U.S. Department of Labor at dol.gov, but there is a good chance you will be able to take FMLA to bond with your baby, and use your sick leave at the same time, without lying about it. HTH, and thanks for reading the blogs!~ Caitlin

7. Aneta Says:
   March 29th, 2009 at 7:04 pm

   Can my boss combine all my benefits ( vacation, sick days ) with my FMLA, so than I do not have any more days off to take if I need to stay one day at home to take care of my sick baby?
   Is it legal for employer to do it ?
   and saying that will fire me when I will take any day off for my baby when is sick even when I bring a paper from doctor regarding my absence ?

   Thank You for helping me !

8. Caitlin Says:
   March 29th, 2009 at 7:09 pm

   Hi Aneta! Yes, the employer can require that workers use all of their paid time off, including sick leave and vacation days, while on FMLA. When this occurs, the FMLA and paid time off are taken at the same time. If the employee has used her entire 12 weeks of FMLA, she is not permitted to take any more time off. Unfortunately, she can be fired for taking even one additional day off — even when she has a doctor’s excuse.
   If the baby has a serious health condition, and the employee has FMLA time left, she may be able to use it. HTH, and thanks for reading the blogs!~ Caitlin

9. erica Says:
   April 1st, 2009 at 11:10 am

   I have a question about a maternity ive already taken and come back from. I received pay on my leave. I was gone for about 6 weeks. When I came back though the girl who was hired to cover me had been given my job title and my desk. All of my belongings were put on a desk around the corner from the actual office. And i was basiclly told to figure out what my job was or i wouldnt have one. Its been about a year and a half since then and im still being watched under a microscope. I feel that something about this is not legal. It all stems from my return from maternity leave although at this point that is in the past. Any comments or advise on this? Anyone? Oh ive been working for the company for 9 years now.

   Erica

10. Caitlin Says:
    April 1st, 2009 at 5:53 pm

    Hi erica! If your maternity leave was under FMLA, then you are entitled to your old job back, including the same working conditions. Normally, that would even include your old desk back, unless the office had been completely reorganized. Many times an employee who is on paid maternity leave is concurrently on FMLA. Contact the U.S. Department of Labor about this at dol.gov, or the EEOC regarding pregnancy discrimination at eeoc.gov. HTH, and thanks for reading the blogs!~ Caitlin

11. penny Says:
    April 2nd, 2009 at 6:01 am

    I have an employee returning from maternity leave who may change her schedule
    due to baby sitting needs, is she required to work her exact schedule in order
    to keep her previous pay scale.What if she is no longer needed?

12. Caitlin Says:
    April 2nd, 2009 at 6:39 am

    Hi Penny! We are going to assume that the employee’s maternity leave is under FMLA. If so, she is entitled to her old job back — meaning her same salary, duties and working conditions, including hours. There is no requirement that you must permit the employee to renegotiate her work hours. An employer can take any action against an employee on FMLA that would have been taken anyway, if she was not on FMLA. So if the position has been eliminated, she can be laid off. However, if you have simply replaced her with another worker, then the replacement must be let go and the worker on FMLA returned to her job. HTH, and thanks for reading the blogs!~ Caitlin

13. James Says:
    April 17th, 2009 at 11:53 am

    Hi all!

    My wife and I are planning on getting pregnant! She works for a small company, only 15+ employees; so they are not required to participate in FMLA, right? What are her options? Does this means no time off, especially no paid time off?

    Thanks,
    James

14. Caitlin Says:
    April 17th, 2009 at 3:58 pm

    Hi James! Congrats on making this important decision. And double-congrats on thinking ahead, to the financial consequences.
    You are correct that only employers with 50 or more workers within 75 miles qualify for FMLA. A few states have family leave laws that extend FMLA-type benefits to smaller companies. Illinois does not.
    By the way, FMLA leave is unpaid. There are only a handful of U.S. states that offer paid maternity leave, and usually that is only for 6 weeks. (A few very large employers offer paid maternity leave, but it is rare.)
    Obviously, your wife MUST take time off for the childbirth. After a normal pregnancy and delivery, the mother is medically unable to return to work for 6 weeks. It’s usually 8 weeks for a c-section. And, some women are put on bed rest for the last few months of pregnancy. (That’s why FMLA allows 12 weeks of total leave.)
    Unfortunately, there is no Illinois law that requires the employer to return your wife to her job after such a lengthy absence. So in all probability, she will be terminated 1 to 2 weeks after she must stop working.
    Your wife can ask if the company offers any maternity leave or benefits, but it would be very unusual for an employer this small to do so. (She should also make it clear that she is just checking for future reference.)
    Now would be an excellent time for you to purchase short term disability insurance. This insurance policy will replace part of your wife’s income for the 6 to 8 (or more) weeks that she is unable to work. Read the policy carefully. Usually, you must purchase the short term disability insurance at least one year before becoming pregnant. HTH, and thanks for reading the blogs!~ Caitlin

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