Human Resource Blog

FMLA Time Off in Illinois for a Pregnant Dog

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Do we provide time off under the FMLA in Illinois for an employee that has expressed a need to stay home with her pregnant dog?

Unfortunately, pets are not covered under the Family and Medical Leave Act. However, if you had a male or female employee that wished to take time off of work in order to have a baby (a human baby), then the employee would be eligible for time off.

The FMLA covers employers that have 50 or more employees within a 75-mile radius of the employee that wishes to take time off of work. The employee that wishes to take FMLA must have worked for at least 20 weeks or 1,250 hours during the current or preceding year in order to qualify for coverage. If an employee qualifies, then the employee may take up to 12 weeks off of work. This leave is not required to be paid, but some employers choose to pay for some or all of the FMLA leave.

When an employee takes time off of work for FMLA leave, the company is prohibited from firing or discriminating against the employee as a result of the leave. The employee should be able to return to work with the same job or an equivalent job, the same pay, and the same benefits that he or she had prior to leaving. These benefits may include seniority status.

Employees are only able to take leave for certain covered conditions as well, including the following:

• To give birth to a child (men are covered if their partners give birth to a child), to adopt a child, or to take a child in through foster care
• To care for a sick or injured child, if the child is under the age of 18
• To care for a sick or injured spouse
• In order to take care of a sick or injured parent, as long as the parent is a blood relative or a guardian. Employees may not take FMLA time off to care for a parent that is an in-law or if the employee is under the age of 18. CB