August 2015
By Anthony J. Caruso, Jr., Esq.
Today, the water cooler topic among employers and employees
is the length of parental leave being given by some large corporations. These
company policies greatly exceed what is required by law. Below is a chart
comparing Illinois and Federal law regarding unpaid leave for pregnant
employees.
|
Pregnancy Accommodations
|
Family and Medical Leave
Act
|
What employers are covered?
|
One or more employees
|
50 or more employees
|
When are employees covered?
|
Immediately upon employment
|
After one year/1,250 hours worked
|
How long is leave after birth of a child?
|
Reasonable accommodation
|
12 weeks
|
After leave are employees reinstated to the same job or equivalent?
|
Yes!
|
Yes!
|
Must employer provide reasonable light duty, breaks, or other job
accommodations?
|
Yes!
|
No!
|
Must employer pay employer’s share of employee’s health insurance
while employee is on leave?
|
No!
|
Yes!
|
Is employee entitled to leave before birth of child (e.g., pregnancy
complications?)
|
Yes!
|
Yes!
|
Is pregnant employee’s spouse entitled to leave?
|
No!
|
Yes!
|
Based upon the above, it is clear that the pregnant
employee in Illinois may have greater rights under the Pregnancy
Accommodations provided by the Illinois Human Rights Act (effective January 1,
2015) as compared to the Family and Medical Leave Act. As such, if the employee
qualifies under both laws, the greater right/benefit applies to the employee.
Questions? Contact Attorney Anthony J. Caruso Jr., of Wessels
Sherman’s St. Charles office at (630) 377-1554 or e-mail ancaruso@wesselssherman.com.