Leave Policy Language: Illinois
by Sonya Rosenberg and Kathleen Okon, Neal, Gerber & Eisenberg LLP, with Practical Law Labor & EmploymentStatus: Law stated as of 13 Feb 2023 | Jurisdiction: Illinois, United States
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A Q&A guide to state law on leave policy language for private employers in Illinois. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local, or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).
For information and updates on changes to state leave laws related to the 2019 novel coronavirus disease (COVID-19), see Paid Sick Leave State and Local Laws Chart: Overview: State and Local Laws Charts, and Paid Family and Medical Leave State and Local Laws Chart: Overview: State and Local Laws Charts.
For information and updates on state employment law developments related to COVID-19, see COVID-19: Employment Law and Developments Tracker: State and Local Laws and Directives
Family and Medical Leave Policy
1. Is there any specific language required for compliance with the state equivalent of the Family and Medical Leave Act (FMLA) in family and medical leave policies in your jurisdiction? If so, please include that language below. If there is not, please include sample recommended language for the state equivalent of an FMLA policy in your state.
Illinois has no state equivalent of the Family and Medical Leave Act (FMLA).
However, the Illinois Family Military Leave Act provides job-protected leave for certain employees with a spouse, child, parent, or grandchild serving on active duty in the military lasting longer than 30 days, similar to qualifying exigency leave under the FMLA (820 ILCS 151/5). For more information on:
• A qualifying exigency under the FMLA, see Practice Note, Family and Medical Leave Act (FMLA) Basics: Permitted Reasons for Taking FMLA Leave
• The Illinois Family Military Leave Act, see State Q&A, Leave Laws: Illinois.
No specific language is required in an employer’s Illinois Family Military Leave policy. For model family and medical leave policy language under the FMLA and Illinois law, see Standard Document, Family and Medical Leave Policy (IL).
2. Is there any specific language required for compliance with the state equivalent of the Family and Medical Leave Act (FMLA) in forms requesting family or medical leave in your jurisdiction? If so, please include it below. If there is not, please include sample recommended language.
Illinois has no state equivalent of the Family and Medical Leave Act (FMLA).
The Illinois Family Military Leave Act does not require specific language in forms requesting leave. However, employees must provide advance notice (820 ILCS 151/10(c)).
For model family and medical leave request form language under the FMLA, see Standard Document, Family and Medical Leave Act Request Form
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3. Is there any specific language required for compliance with the state equivalent of the Family and Medical Leave Act (FMLA) in forms supplying medical certification in support of family or medical leave in your jurisdiction? If so, please include it below. If there is not, please include sample recommended language.
Illinois has no state equivalent of the Family and Medical Leave Act (FMLA).
The Illinois Family Military Leave Act does not require specific language in certification forms for leave requests. However, employees must provide certification from the proper military authorities, if requested by the employer (820 ILCS 151/10(c)).
For model certification form language under the FMLA, see Standard Documents:
• FMLA Certification of Health Care Provider for Employee’s Serious Health Condition
• FMLA Certification of Health Care Provider for Family Member’s Serious Health Condition.
• FMLA Certification for Military Family Leave for Qualifying Exigency
Workers’ Compensation Leave Policy
4. Is there any state-specific language required in a workers’ compensation leave policy in your jurisdiction? If so, please include it below. If there is not, please include sample recommended language.
The Illinois Workers’ Compensation Act (IWCA) (820 ILCS 305/1 to 305/30) does not specifically require workers’ compensation leave for employees who incur accidental on-the-job injuries or illnesses.
Employees eligible for workers’ compensation may also be eligible for job-protected leave under other laws, including:
• The federal Family and Medical Leave Act.
• The Americans with Disabilities Act.
• The Illinois Human Rights Act (775 ILCS 5/1-101 to 5/10-104).
For more information about the IWCA, see State Q&A, Workers’ Compensation Laws: Illinois
The IWCA does not require specific language in a workers’ compensation policy. Model policy language is provided below.
Model Illinois Workers’ Compensation Policy
If you sustain an injury or illness arising out of or in the course of performing work for [EMPLOYER NAME], medical expenses and other benefits may be provided to you as specified under the Illinois Workers’ Compensation Act. If you sustain a workrelated injury or illness, no matter how minor, you must immediately report it to your supervisor. Failure to timely report an injury or illness may affect your claim for workers’ compensation benefits.
[EMPLOYER NAME] will not take any adverse action in retaliation for a good faith filing of a workers’ compensation claim.
For further information or details about any of the terms of this Workers’ Compensation Policy, please contact [PERSON/POSITION]. (820 ILCS 305/1 to 305/30.)
Military Leave Policy
5. Is there any state-specific language required in a military leave policy in your jurisdiction? If so, please include it below. If there is not, please include sample recommended language.
If an employer’s military leave policy complies with the Illinois Service Member Employment and Reemployment Rights Act (330 ILCS 61/1-1 to 61/40-5), no specific language is required.
For model military leave policy language compliant with the Uniformed Services Employment and Reemployment Rights Act and Illinois law, see Standard Document, Military Service Leave Policy (IL).
Policy
6. Is there any state-specific language required in a disability leave policy in your jurisdiction? If so, please include it below. If there is not, please include sample recommended language.
Illinois does not mandate disability-based leave, and there is no specific language employers must include in a disability policy. Employers also are not required to provide short-term or long-term disability insurance benefits to their employees.
Employees may use whatever paid or unpaid sick leave policies are offered by their employer. However, employees generally may be eligible for job-protected leave under other laws, including as a reasonable accommodation under either:
• The Illinois Human Rights Act (56 Ill. Admin. Code 2500.40(a)).
• The Illinois Workers’ Compensation Act (see Question 4). For model disability accommodations policy language under Illinois and federal law, see Standard Document, Disability Accommodations Policy (IL).
Pregnancy Leave Policy
7. Is there any state-specific language required in a pregnancy leave policy in your jurisdiction? If so, please include it below. If there is not, please include sample recommended language.
Under the Illinois Human Rights Act (775 ILCS 5/1-101 to 5/10-104), employers:
• Must treat women affected by pregnancy, childbirth, or related medical conditions the same for all employment-related purposes as all other employees who have a similar ability or inability to work.
• May be required to provide leave as a reasonable accommodation necessitated by pregnancy, childbirth, or medical or common conditions resulting from pregnancy or childbirth.
(775 ILCS 5/2-102(I), (J).)
Under the Pregnancy, Childbirth, and Childrearing Leave Law (56 Ill. Admin. Code 5210.110), an employer must
equally apply any policies regarding rights and benefits for employees on temporary disability to employees on leave for pregnancy-related temporary disability. An employer must grant non-disability leaves of absence for childrearing:
• On the same terms as those for other non-disability leaves of absence.
• Equally for both male and female employees. (56 Ill. Admin. Code 5210.110(c).)
Illinois law does not require specific language in an employer’s pregnancy leave policy.
For model pregnancy and parental leave policy language under Illinois and federal law, see Standard Document, Pregnancy and Parental Leave Policy (IL)
Other Types of Leave Policies
8. Please describe other types of leave that should be considered when drafting a leave policy in your state (for example, voting leave, domestic violence leave, bone marrow leave, or jury duty leave).
Additional types of leave required under Illinois law include:
• Blood donation (820 ILCS 149/1 to 149/10; 77 Ill. Admin. Code 985.100 to 985.600).
• Family bereavement (820 ILCS 154/1 to 154/99).
• Domestic, sexual, gender, or any other crime of violence (820 ILCS 180/1 to 180/999; 56 Ill. Admin. Code 280.100 to 280.500).
• Election judge duty (10 ILCS 5/13-2.5 and 5/14-4.5).
• Emergency response (50 ILCS 748/1 to 748/99; 70 ILCS 705/4(h); 820 ILCS 148/1 to 148/35).
• Hotel and casino employee leave (820 ILCS 325/5-1 to 325/5-20).
• Jury duty (705 ILCS 305/4.1 and 310/10.1).
• Nursing mothers (820 ILCS 260/1 to 260/99).
• School visitation (820 ILCS 147/1 to 147/49).
• Voting (10 ILCS 5/7-42 and 5/17-15).
• Witness duty (725 ILCS 5/115-18).
For more information about Illinois leave requirements, see State Q&A, Leave Laws: Illinois
Leave Policy Language: Illinois
While Illinois does not specifically require other types of leave, employers should also consider the following types of leave when drafting policies:
• Leave sharing and vacation donation in the event of a medical emergency.
• Paid time off.
• Sick leave.
For model policies, see Question 9.
9. For each type of leave described in Question 8, please provide any language required in a leave policy in your state. If there is no required language, please provide sample recommended language.
In Illinois, no specific language is required for any of the leave types listed in Question 8 if employer policies comply with applicable statutory requirements. Model policy language is available for:
• Model Illinois Domestic, Sexual, or Gender Violence Leave Policy.
• Model Illinois Emergency Response Leave Policy.
• Model Illinois School Visitation Leave Policy.
• Model Illinois Election Judge Leave Policy.
• Bereavement leave, see Standard Document, Bereavement Leave Policy (IL)
• Bone marrow, blood, and organ donation leave, see Standard Document, Bone Marrow, Organ, and Blood Donation Leave Policy (IL)
• Jury duty leave, see Standard Document, Jury Duty Leave Policy (IL)
• Lactation breaks, see Standard Document, Lactation Break Policy (IL).
• Leave sharing and vacation donation in the event of a medical emergency, see Standard Document, Leave Sharing and Vacation Donation Policy for Medical Emergencies (IL)
• Paid time off, see Standard Document, Paid Time Off/ Vacation Policy (IL)
• Voting leave, see Standard Document, Voting Leave Policy
• Witness and crime victim leave, see Standard Document, Witness and Victims of Crime Leave Policy (IL).
Model Illinois Domestic, Sexual, or Gender Violence Leave Policy
In accordance with the Illinois Victims’ Economic Security and Safety Act (VESSA), [EMPLOYER NAME] offers eligible employees unpaid domestic, sexual, or gender violence leave, for a qualifying reason, with a guarantee of restoration to the same or an equivalent position on return from leave. Employees must comply with the terms and conditions set forth in this policy.
Eligible Employees
You are eligible for leave if you are the victim of domestic, sexual, or gender violence or have a family or household member who is the victim of domestic, sexual, or gender violence.
Qualifying Reasons for Leave
Domestic violence leave is available to:
• Seek medical attention for, or recover from, physical or psychological injuries caused by domestic, sexual, or gender violence against you or your family or household member.
• Obtain victim services for you or your family or household member.
• Obtain psychological or other counseling for you or your family or household member.
• Participate in safety planning, including temporary or permanent relocation or other actions to increase your or your household or family member’s safety from future domestic, sexual, or gender violence.
• Seek legal assistance to ensure the health and safety of you or your household or family member, including participating in court proceedings related to the violence.
• Take any other actions to increase your or your family member’s or household member’s safety from future domestic, sexual, or gender violence or ensure economic security.
Duration of Leave
[Employers with 1 to 14 employees must give up to four weeks of leave during any 12-month period. Employers with 15 to 49 employees must give up to eight weeks of leave during any 12-month period. Employers with 50 or more employees must give up to 12 weeks of leave during any 12-month period.]
Leave Policy Language: Illinois
Eligible employees may take up to [four/eight/ twelve] weeks of unpaid domestic violence leave within any 12-month period. Leave is based on a rolling 12-month period, looking back from the date the leave would begin. Leave under this policy may be taken intermittently (in separate blocks of time) or as reduced schedule leave.
Notice of Need for Leave
Eligible employees must provide [EMPLOYER NAME] with at least 48 hours’ advance notice of the need for leave. If 48-hour notice is not practicable, notice must be provided as soon as possible.
Certification of Need for Leave and Periodic Reports
To request domestic violence leave, you must supply [PERSON/POSITION] with a sworn statement that you or a member of your family or household is a victim of domestic, sexual, or gender violence and that leave is necessary for a specific qualifying reason. In addition, [EMPLOYER NAME] may require the following supplemental information:
• Documents from a victim’s services organization, member of the clergy, or medical professional from whom the employee or family or household member has sought assistance.
• A police report or court record.
• Other corroborating evidence. You must request this information within a reasonable time period and provide it to [PERSON/POSITION] as soon as you receive it. Your full cooperation to obtain this supplemental information is required under this policy.
During leave, you must provide periodic reports (at least every 30 days) about your status and any change in your plans to return to work.
Leave Is Unpaid
Domestic violence leave is unpaid leave. However, you may substitute accrued and unused vacation time for the unpaid leave. The substitution of paid vacation does not extend the leave period, but runs concurrently with it. Likewise, domestic violence leave runs concurrently with any leave available under the federal Family and Medical Leave Act (FMLA).
Medical and Other Benefits
During an approved domestic violence leave, [EMPLOYER NAME] will maintain your health benefits as if you continue to be actively employed. If you choose not to return to work at the end of the leave period, you must reimburse [EMPLOYER NAME] for the cost of any health benefit premiums paid to maintain your coverage during the leave, unless you cannot return to work because of continuation, reoccurrence, or onset of domestic, sexual, or gender violence or other circumstances beyond your control.
For further information or details about any of the terms of this Domestic Violence Leave Policy, please contact [PERSON/POSITION].
(820 ILCS 180/1 to 180/999.)
Model Illinois Emergency Response Leave Policy
In accordance with Illinois law, [EMPLOYER NAME] will provide the necessary unpaid time off to employees who volunteer as emergency workers or Civil Air Patrol members.
Leave for Emergency Workers
Employees must make a reasonable effort to notify [EMPLOYER NAME] as soon as possible about their need for leave under this policy. Within seven working days after the emergency response or other covered event, you must provide [PERSON/POSITION] with a written statement from the corresponding private or governmental entity, verifying your participation, including the date and time of the event.
Leave for Civil Air Patrol Members
[Employers with 15 to 50 employees must give up to 15 days of emergency response leave. Employers with more than 50 employees must give up to 30 days of emergency response leave.]
Employees may take up to [15/30] days of unpaid leave. If leave will last five or more consecutive workdays, you must provide written notice at least 14 days before the leave begins. If leave will last less than five consecutive workdays, you must provide written notice as soon as possible. In all instances, you must cooperate with [EMPLOYER NAME] to schedule the leave to avoid unduly disrupting operations.
Leave Policy Language: Illinois
Within seven working days after service is completed, you must provide [PERSON/POSITION] with a written statement from the Civil Air Patrol authorities verifying your participation as well as confirming your eligibility for leave under this policy.
Reinstatement and Benefits
Employees who take emergency response leave will be reinstated in accordance with the applicable law. Also, employee benefits will continue during the leave, at your expense.
For further information or details about any of the terms of this Emergency Response Leave Policy, please contact [PERSON/POSITION].
(50 ILCS 748/5; 820 ILCS 148/10.)
Model Illinois School Visitation Leave Policy
In accordance with the School Visitation Rights Act, [EMPLOYER NAME] encourages employees to fulfill their familial responsibilities by participating in their children’s school visitations, including school conferences, behavioral meetings, or academic meetings. Generally, employees are able to find time to participate in school visitations either before or after work. If you are unable to do so during your non-working hours, [EMPLOYER NAME] will grant up to eight hours of unpaid time off per calendar year to participate in school visitations. You may take up to four consecutive hours of unpaid time off on any given day.
To be eligible for leave under this policy, you must provide written notice to [PERSON/POSITION] at least seven days before the school visitation. In case of an emergency, you must provide written notice 24 hours in advance. Employees should try to schedule leave under this policy at the beginning or end of the work shift, whichever provides the least disruption to the normal work schedule.
Immediately after the school visitation, employees must obtain proof of the visitation from the school administrator. These documents must be submitted to [PERSON/POSITION] as soon as possible but no later than two working days after the visitation. Failure to provide the required documents within this time period may result in disciplinary action.
Your request for school visitation leave may be denied. You may also be required to exhaust all other leave, except for sick [and disability] leave, before taking school visitation leave.
You may choose to make up the hours missed for school visitation leave, including by working on a day or shift other than your regularly assigned day or shift, if [EMPLOYER NAME] determines a reasonable opportunity to make up that time exists. These make-up hours will be paid at the same rate as regular work hours. Make-up hours must be completed under the direction of [EMPLOYER NAME].
For further information or details about any of the terms of this School Visitation Leave Policy, please contact [PERSON/POSITION].
(820 ILCS 147/1 to 147/49.)
Model Illinois Election Judge Leave Policy
Employers with fewer than 25 employees are not required to provide election judge leave (10 ILCS 5/13-2.5 and 5/14-4.5).
[EMPLOYER NAME] encourages employees to fulfill their civic responsibilities by serving as an election judge. Generally, employees are able to find time to do so either before or after work. If you are unable to do so during your non-working hours, [EMPLOYER NAME] will grant time off to serve as an election judge under the terms and conditions of this policy.
To be eligible, you must provide written notice to [PERSON/POSITION] at least 20 days before Election Day. Advance notice is required so that the necessary time off can be scheduled at the beginning or end of the work shift, whichever causes the least disruption to the normal work schedule. Your request for time off to serve as an election judge may be denied if more than 10% of [EMPLOYER NAME]’s employees are absent on Election Day.
Nonexempt Employees
Nonexempt employees who comply with the terms and conditions above, including providing advance written notice, may take unpaid leave to serve as an election judge. Employees may, however, use any accrued paid time off (PTO) (for example, vacation) during this unpaid time off. PTO and other benefits will continue to accrue during this leave.
Leave Policy Language: Illinois
Exempt Employees
Exempt employees who comply with the terms and conditions above, including providing advance written notice, will receive paid time off for leave to serve as an election judge, subject to [EMPLOYER NAME]’s policy on pay deductions for salaried exempt employees. PTO and other benefits will continue to accrue during this leave.
For further information or details about any of the terms of this Election Judge Leave Policy, please contact [PERSON/POSITION].
(10 ILCS 5/13-2.5.)
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