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The Essential Guide to Family & Medical Leave

The purpose of the federal Family and Medical Leave Act (FMLA) is to help employees balance the demands of work and family. But the law can be hard for employers to apply in the real world. Questions about eligibility, coverage, notice and certification requirements, administering leave, continuing benefits, and reinstatement can challenge even the most experienced managers. This book has the plain-English answers to all of your tough questions about the FMLA. It provides detailed information, real-life examples, sample forms, and other tools to help you meet your legal obligations.

The purpose of the federal Family and Medical Leave Act (FMLA) is to help employees balance the demands of work and family. But the law can be hard for employers to apply in the real world. Questions about eligibility, coverage, notice and certification requirements, administering leave, continuing benefits, and reinstatement can challenge even the most experienced managers.

This book has the plain-English answers to all of your tough questions about the FMLA. It provides detailed information, real-life examples, sample forms, and other tools to help you meet your legal obligations.

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310 | the essential guide <strong>to</strong> family and medical leave<br />

Illinois<br />

Small Necessities Law (820 Ill. Comp. Stat. § 147/1)<br />

Covered Employers: Employers with at least 50 employees.<br />

Eligible Employees: Employees who have worked for at least six consecutive<br />

months immediately preceding the leave request, and for at least as many<br />

hours per week, on average, as one-half of a full-time position.<br />

Reasons for <strong>Leave</strong>: To attend school conferences or classroom activities relating<br />

<strong>to</strong> their children if they cannot be rescheduled during nonwork hours.<br />

Amount of <strong>Leave</strong>: Eight hours of unpaid leave in any school year, with no more<br />

than four hours in one day.<br />

Procedural Requirements<br />

• Notice: Employee must ask for leave in writing at least seven days in advance.<br />

In an emergency, no more than 24 hours’ notice may be required.<br />

• Certification: Employee must provide verification (<strong>to</strong> be provided in<br />

writing by the school) of the school visit <strong>to</strong> the employer within two<br />

business days after taking leave.<br />

• Paid <strong>Leave</strong>: Employees may not take this leave unless they have exhausted<br />

their accrued vacation, personal leave, and any other type of time<br />

off except for sick or disability leave. If employee takes unpaid leave,<br />

employer must allow employee <strong>to</strong> make up the time, if employee requests<br />

it and there is a reasonable opportunity <strong>to</strong> do so.<br />

Domestic Violence <strong>Leave</strong> (820 Ill. Comp. Stat. § 180/1)<br />

Covered Employers: Employers with at least 50 employees.<br />

Eligible Employees: Any full-time or part-time employee who is a victim of<br />

domestic or sexual violence or has a family or household member who is a<br />

victim of domestic or sexual violence.<br />

Reasons for <strong>Leave</strong>: <strong>Leave</strong> is allowed <strong>to</strong>:<br />

• seek medical treatment<br />

• obtain services from a victim services organization<br />

• get counseling

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