Monday, August 17, 2015

Pregnancy Accommodations (Illinois Law) vs. Family and Medical Leave Act (Federal Law): What are the Differences?

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.