Illinois

When you are sick—be it with a bad cold or more serious illness or injury—you may need time off from work to rest and heal. Federal, state, and local laws, may give you time off when you need it and protect you from employment discrimination.

Taking Time Off from Work

There are several laws that provide time off that may help you care for your own health/medical needs, depending on whether your needs are short-term or long-term.

Paid Sick & Safe Time

A paid sick time law typically provides short-term time off, often in increments of hours or days. Sick time can typically be used if you need time off because you have a shorter-term illness (such as a bad cold), you need to attend a medical appointment be it for illness or preventative care, you need to care for a loved one who is ill, or you need to address needs related to domestic violence. 

If you work in Chicago, you may have the right to paid time off, without losing your job, if you need to recover from physical/mental illness or injury; seek medical diagnosis, treatment, or preventative care; or care for a family member who is ill or needs medical diagnosis, treatment, or preventative care.

• • If you work as an employee in Chicago for an employer of any size, you may have the right to earn and take up to 40 hours of paid sick time per year.
  • Under this law, you earn sick time at the rate of one hour for every 40 hours worked.
  • Sick time under this law can also be used:
    • When your place of work or family member’s school, class or childcare provider is closed by public health officials for a public health emergency, or if you’re obeying an order by the Mayor of Chicago, the Governor of Illinois, the Chicago Department of Public Health, or a treating healthcare provider requiring you to: (i) stay at home to minimize the transmission of a communicable disease; (ii) remain at home while experiencing symptoms or sick with a communicable disease; (iii) obey a quarantine order that has been issued to you; or (iv) obey an isolation order that has been issued to you.
    • For “safe time” purposes to address certain needs, including non-medical needs, that may arise if you or your family member is a victim of domestic violence, a sexual offense, or stalking.
  • For more information about your rights, see here.

Paid Time Off

A paid time off law typically provides short-term time off, often in increments of hours or days. Paid time off can be used for any purpose, including for when you or your family are sick.

Beginning January 1, 2024, if you work for an employer in Illinois, Illinois’ Paid Leave For All law may give you the right to earn paid time off.

• • Under this law, you can earn one hour of paid time off for every 40 hours you work.
  • Your employer can limit you to accruing a maximum of 40 hours of earned paid leave per year.
  • You can use your earned paid time off beginning on March 31, 2024 or 90 days after the commencement of your employment, whichever is later.
  • You can use earned paid time off without providing a reason to your employer for such use. This can include time off due to an illness, injury, sickness, etc.
  • If use of paid leave is foreseeable, employers may require 7 calendar days’ notice. If the use of paid leave under the law is not foreseeable, the employee shall provide notice “as soon as is practicable.”
  • To learn more about the law, see here.

The state law set a minimum standard for paid time off. If you work in Cook County, you may also have rights under the local law as well. For a side-by-side comparison of these respective eligibility requirements and provisions of these laws, see here.

Beginning December 31, 2023, if you work in Cook County, you may have the right to earn up to 40 hours of paid time off a year.

• • Under this law, you can earn one hour of paid time off for every 40 hours you work, up to a limit of 40 hours of earned paid leave per year.
  • You can use your earned paid time off beginning 90 days after December 31, 2023 or 90 days after the commencement of your employment, whichever is later.
  • You can use earned paid time off without providing a reason to your employer for such use. This can include time off due to an illness, injury, sickness, etc.
  • If use of paid leave is foreseeable, employers may require 7 calendar days’ notice. If the use of paid leave under the law is not foreseeable, the employee shall provide notice “as soon as is practicable.”
  • To learn more about the law, see here.

Unpaid Family & Medical Leave

Unpaid family and medical leave laws typically provide time off from work that allows you to keep your job but your time away from work may not be paid. Generally, if you are eligible for both paid family and medical leave and unpaid family and medical leave, you often have to take those at the same time but there may be exceptions. 

If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it).

• • Only about half of all private sector workers in the U.S. are covered by the law. You must (1) work for the government or a company with 50 or more employees within 75 miles of your worksite; and (2) have worked with your employer for at least 1 year; and (3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for your own serious medical needs, including those related to pregnancy and recovery from childbirth. You may also take the leave on an intermittent basis or may work on a reduced schedule.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
  • For more information about the Family and Medical Leave Act, see here.

Other Laws that May Provide Paid Benefits

• If you were hurt while working or became sick as a result of your job, you may also be entitled to paid benefits and other protections through Workers’ Compensation.
• If you lose your job due to your own medical needs, and are able to continue working, you may still be able to get Unemployment Insurance. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility. 

Reasonable Accommodations and Anti-Discrimination Laws

• The Illinois Human Rights Act bans disability discrimination at all workplaces regardless of size. Should your disability require some changes to your position, your boss must provide you with a reasonable accommodation so that you can perform your job, unless it would be very difficult or expensive for them to do so. A reasonable accommodation can include anything from changes to your workspace to modifying your work schedule to restructuring your job. 
• The Americans with Disabilities Act (ADA) requires employers in the U.S. with 15 or more employees to provide reasonable accommodations to workers with disabilities and makes it illegal for employers to discriminate against workers with disabilities. Disability is defined as a physical or mental impairment that substantially limits one or more major life activities, which can include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. This means:
  • Your boss cannot fire you, refuse to give you a promotion, or harass you because you have a disability.
  • If you have a disability, your boss cannot refuse to give you small changes at work that you need to stay healthy, like breaks to take medication, temporary relief from heavy lifting, or a stool to sit on during your shift. These changes are called “reasonable accommodations” and are available as long as you can still complete the basic duties of your job with those changes. Your boss does not have to give you an accommodation that would be very difficult or expensive, like building a whole new office.

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

When a child or family member gets sick or injured—be it with a bad cold or a more serious illness or injury—you may need to take some time off from work to care for them. Federal, state, and local laws may give you time off when you need it and protect you from employment discrimination.

Taking Time Off from Work

 Paid Sick & Safe Time

A paid sick time law typically provides short-term time off, often in increments of hours or days. Sick time can typically be used if you need time off because you have a shorter-term illness (such as a bad cold), you need to attend a medical appointment be it for illness or preventative care, you need to care for a loved one who is ill, or you need to address needs related to domestic violence. 

If you work in Chicago, you may have the right to paid time off, without losing your job, if you need to recover from physical/mental illness or injury; seek medical diagnosis, treatment, or preventative care; or care for a family member who is ill or needs medical diagnosis, treatment, or preventative care.

• • If you work as an employee in Chicago for an employer of any size, you may have the right to earn and take up to 40 hours of paid sick time per year.
  • Under this law, you can take sick time to care for yourself or a child; legal guardian or ward; spouse; domestic partner (including parties to a civil union); parent; parent of a spouse or domestic partner; grandparent; grandchild; sibling; or any other individual related by blood or whose close association with you is equivalent to a family relationship.
  • Under this law, you earn sick time at the rate of one hour for every 40 hours worked.
  • Sick time under this law can also be used:
    • When your place of work or family member’s school, class or childcare provider is closed by public health officials for a public health emergency, or if you’re obeying an order by the Mayor of Chicago, the Governor of Illinois, the Chicago Department of Public Health, or a treating healthcare provider requiring you to: (i) stay at home to minimize the transmission of a communicable disease; (ii) remain at home while experiencing symptoms or sick with a communicable disease; (iii) obey a quarantine order that has been issued to you; or (iv) obey an isolation order that has been issued to you.
    • When your place of work or child’s school/place of care is closed by public health officials for a public health emergency.
    • For “safe time” purposes to address certain needs, including non-medical needs, that may arise if you or your family member is a victim of domestic violence, a sexual offense, or stalking.
  • For more information about your rights, see here.

In Illinois, an employer of any size that provides sick time to employees must let you use the amount of sick time you normally accrue during 6 months to care for a sick family member (rather than your own illness). This is known as the Kin Care Law.

• • A family member under the Kin Care Law includes a child, stepchild, spouse, domestic partner, sibling, parent, parent-in-law, grandchild, grandparent, or stepparent.

Paid Time Off

A paid time off law typically provides short-term time off, often in increments of hours or days. Paid time off can be used for any purpose, including for when you or your family are sick.

Beginning January 1, 2024, if you work for an employer in Illinois, Illinois’ Paid Leave For All law may give you the right to earn paid time off.

• • Under this law, you can earn one hour of paid time off for every 40 hours you work.
  • Your employer can limit you to accruing a maximum of 40 hours of earned paid leave per year.
  • You can use your earned paid time off beginning on March 31, 2024 or 90 days after the commencement of your employment, whichever is later.
  • You can use earned paid time off without providing a reason to your employer for such use. This can include time off due to an illness, injury, sickness, etc.
  • If use of paid leave is foreseeable, employers may require 7 calendar days’ notice. If the use of paid leave under the law is not foreseeable, the employee shall provide notice “as soon as is practicable.”
  • To learn more about the law, see here.

The state law set a minimum standard for paid time off. If you work in Cook County, you may also have rights under the local law as well. For a side-by-side comparison of these respective eligibility requirements and provisions of these laws, see here. 

Beginning December 31, 2023, if you work in Cook County, you may have the right to earn up to 40 hours of paid time off a year.

• • Under this law, you can earn one hour of paid time off for every 40 hours you work, up to a limit of 40 hours of earned paid leave per year.
  • You can use your earned paid time off beginning 90 days after December 31, 2023 or 90 days after the commencement of your employment, whichever is later.
  • You can use earned paid time off without providing a reason to your employer for such use. This can include time off due to an illness, injury, sickness, etc.
  • If use of paid leave is foreseeable, employers may require 7 calendar days’ notice. If the use of paid leave under the law is not foreseeable, the employee shall provide notice “as soon as is practicable.”
  • To learn more about the law, see here.

Unpaid Family & Medical Leave

Unpaid family and medical leave laws typically provide time off from work that allows you to keep your job but your time away from work may not be paid. Generally, if you are eligible for both paid family and medical leave and unpaid family and medical leave, you often have to take those at the same time but there may be exceptions. 

If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it). See the “Time Off for Childbirth and Bonding” section above for more information on this law.

• • Only about half of all private sector workers in the U.S. are covered by the law. To qualify, you must (1) work for the government or a company with 50 or more employees within 75 miles of your worksite; and (2) have worked with your employer for at least 1 year; and (3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for a seriously ill family member. Under the FMLA, covered family members include a worker’s son or daughter under the age of 18 (or an adult child unable to care for him or herself due to a physical or mental disability), spouse, and parent.
  • The FMLA defines “son or daughter” to include a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. For more information about protections the FMLA provides for LGBT families, see here.
  • You may also take the leave on an intermittent basis or may work on a reduced schedule to care for a seriously ill family member.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave. For more information about the Family and Medical Leave Act, see here.

If you are covered by the School Visitation Rights Act, you have the right to take unpaid time off to attend your child’s school-related activities.

• • To be eligible, you must (1) work at an employer with 50 or more employees in Illinois; and (2) have worked for at least 6 consecutive months before making a request, and (3) have worked at least half the number of hours that a full-time employee works for your employer.
  • If you are eligible, you have the right to take 8 hours of unpaid leave from work per year (though no more than 4 hours in a given day) to attend school conferences or classroom activities for your child, if the activities can’t be scheduled during non-work hours. 
  • You may choose to—but your employer cannot require you to—make up the time you miss at another time. 
  • Before you can use this leave time, you have to exhaust any vacation, personal, or other paid leave—but not sick or disability leave. 
  • You have to request this leave in writing at least 7 days in advance, or 24 hours in advance in the case of emergency. You must provide verification of the school visitation to your employer.

Other Laws that May Provide Paid Benefits

• If you lose your job because you have family caregiving responsibilities, you may still be able to get Unemployment Insurance. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility. 

Special Protections for Veterans’ and Military Families

 Unpaid Family & Medical Leave

Unpaid family and medical leave laws typically provide time off from work that allows you to keep your job but your time away from work may not be paid. Generally, if you are eligible for both paid family and medical leave and unpaid family and medical leave, you often have to take those at the same time but there may be exceptions. 

The Illinois Family Military Leave Act provides family members of a service member with up to 15 or 30 days of unpaid leave—depending on the employer’s size—when that service member is called to military service lasting more than 30 days.

If you are covered by the Family and Medical Leave Act (FMLA), and a close family member is, or was, in the Armed Services, you may be entitled to additional protections under the FMLA.

• • The FMLA provides special protections for service-connected injuries or illnesses. If you are the spouse, parent, son, daughter, or next-of-kin of a veteran or a member of the Armed Services, including the National Guard and Reserves, you may be able to take military caregiver leave. You can take up to a total of 26 weeks of unpaid leave a year to take care of your military relative if he or she has a serious injury or illness stemming from his or her military service.
  • In addition to the ordinary protections under the Family and Medical Leave Act, if you have a parent, child, or spouse on or called to active duty service in a foreign country, you may be eligible for what is called “qualifying exigency” leave under the Family and Medical Leave Act to address certain needs arising out of that active duty service. This leave allows you to take up to a total of 12 weeks of unpaid leave a year.
    • This leave is available to address many different types of needs, including:
      • tending to the needs of the children of a service member, such as arranging childcare, attending meetings, or enrolling the child in a new school
      • making legal or financial arrangements for a military member
      • spending time with a servicemember on a short-term rest and recuperation leave
      • arranging care for the parent of a servicemember when the parent is unable to care for himself or herself.

Anti-Discrimination Laws

• Some workers in Illinois are protected from caregiver discrimination.
  • Several localities in Illinois, including Chicago, Cook County, and Champaign, have outlawed employment discrimination based on familial status, family responsibilities, or parental status. See here for a comprehensive list of localities that have outlawed caregiver discrimination. Note, however, that your city may have protections not listed in this chart. You may want to consult with an attorney if you have questions about rights in your city.
• The Americans with Disabilities Act (ADA) bans unfair treatment of workers based on their relationship with a person with a disability. For example, your boss can’t cut your hours because they think you can’t work as hard because you have a child with asthma. Or your boss cannot assume that you will cost more on the company’s health insurance plan because your family member is seriously ill. Additionally, your boss cannot assume that you will cost more on the company’s health insurance plan because your family member is seriously ill. However, neither law gives you the right, as the relative of a person with a disability, to accommodations such as a schedule change.

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

Staying healthy at work while you are pregnant is sometimes challenging: you may be dealing with morning sickness, back pain, or doctor’s appointments every few weeks. For women who have suffered a miscarriage, you may need to take time off for recovery. U.S., Illinois, and local laws can help you stay healthy at work, give you time off when you need it, and protect you from pregnancy discrimination.

Pregnancy Discrimination 

• The Pregnancy Discrimination Act makes it illegal for any employer in the U.S. with 15 or more workers to treat employees unfairly because they are pregnant, trying to get pregnant, or have experienced pregnancy loss. That means:
  • Your boss can’t fire you or cut your hours when they find out that you’re pregnant or trying to get pregnant. You also have the right to be free from harassment at work because you are pregnant.
  • If your employer asks you about your pregnancy or plans to have children in a job interview, that may be evidence of pregnancy discrimination.
  • Your employer can’t treat you differently from other workers just because you are pregnant or have experienced pregnancy loss. 
• The Illinois Human Rights Act makes it illegal for all employers, regardless of size, to discriminate based on pregnancy, childbirth and related medical conditions.

Workplace Accommodations

If you need changes at work to stay healthy on the job, the laws below can help. In addition, click the green button to learn more and request an accommodation if you need one.

• If you are working and pregnant, recovering from childbirth, pumping milk, or have a related medical condition, the Pregnant Workers Fairness Act can help you protect your health and the health of your pregnancy, without losing your job.
  • Under the Pregnant Workers Fairness Act, a nationwide law, most workers have a right to “reasonable accommodations,” or temporary changes at work. You do not need to have a disability or pregnancy complication to be eligible for an accommodation. Examples of “Reasonable accommodations” can include:
    • Flexible scheduling for prenatal or postnatal appointments
    • Additional, longer, or more flexible breaks to drink water, eat, rest, or use the bathroom
    • Light duty, or help with manual labor and lifting
    • Temporary transfer to a less physically demanding or safer position
    • Limiting exposure to hazardous chemicals
    • Access to a water bottle or food
    • Leave or time off to recover from childbirth, even if you don’t qualify for the FMLA
    • Leave or time off for bedrest, recovery from miscarriage, postpartum depression, mastitis, and other pregnancy-related health issues
    • Providing equipment such as a stool to sit on
    • Changing a uniform or dress code, like allowing wearing maternity pants
    • Changing a work schedule, like allowing shorter work hours or a later start time to accommodate morning sickness
    • Breaks, private space (not in a bathroom), and other accommodations for lactation needs, like adding a lock to a meeting room for private breast milk expression
    • Remote work or telework

• Under Illinois’ pregnancy accommodations law, no matter the size of your employer, if you need a “reasonable accommodation” because of your pregnancy, childbirth, or related medical condition, your employer has to give it to you unless it would be really difficult or expensive. This means:
  • Your boss can’t just fire you if you ask for a bigger uniform, a stool to sit on, or light duty while you are pregnant—they have to give you what you need to stay healthy at work, unless your employer can show that it would seriously harm the business.
  • Your boss may ask for a note from a licensed healthcare provider concerning the need for a reasonable accommodation if they require documentation for conditions related to disability, and only if the request for documentation is job-related and consistent with business necessity.
  • Examples of accommodations explicitly covered by the law include water and bathroom breaks, providing seating equipment, and a private non-bathroom place to express breast milk and for breastfeeding.
  • Your employer cannot force you to accept an accommodation you did not ask for, or force you to go on leave if another reasonable accommodation can be provided, while you are pregnant.
  • For more information, see here.

Taking Time Off from Work 

Paid Sick & Safe Time 

A paid sick time law typically provides short-term time off, often in increments of hours or days. Sick time can typically be used if you need time off because you have a shorter-term illness (such as a bad cold), you need to attend a medical appointment be it for illness or preventative care, you need to care for a loved one who is ill, or you need to address needs related to domestic violence. 

• If you work in Chicago, and are covered by Chicago’s paid sick time law, you may be able to use your accrued time off for medical needs while pregnant, e.g., for a prenatal appointment. For more information on this law, see the “Caring for Your Own Medical Needs” tab.
• In Illinois, an employer of any size that provides sick time to employees must let you use the amount of sick time you normally accrue during 6 months to care for a sick family member (rather than your own illness). This is known as the Kin Care Law.
  • A family member under the Kin Care Law includes a child, stepchild, spouse, domestic partner, sibling, parent, parent-in-law, grandchild, grandparent, or stepparent.

Paid Time Off

A paid time off law typically provides short-term time off, often in increments of hours or days. Paid time off can be used for any purpose, including for when you or your family are sick.

Beginning January 1, 2024, if you work for an employer in Illinois, Illinois’ Paid Leave For All law may give you the right to earn and use paid time off. For more information on this law, see the “Caring for Your Own Medical Needs” tab.

Unpaid Leave

• If you are covered by the Family and Medical Leave Act, you have the right to take time off during pregnancy or after experiencing a miscarriage without losing your job. See the “Time Off for Childbirth and Bonding” section under the next tab for more information and see this guide to your workplace rights around miscarriage.
• The Pregnant Workers Fairness Act may provide you with unpaid time off from work as a reasonable accommodation for a limitation related to your pregnancy or a related medical condition. For example, if you need time off for morning sickness, prenatal appointments, or bed rest, then the Pregnant Workers Fairness Act can help. Note that under the federal law, your employer may not push you onto unpaid leave if another reasonable accommodation (like a transfer) would allow you to keep working. See below for information about how the Pregnant Workers Fairness Act applies to childbirth.
• Illinois’ pregnancy accommodations law (see above) may also give you the right to unpaid, job-protected time off work as a “reasonable accommodation.”

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

The U.S. is one of the only countries in the world with no national law guaranteeing paid family and medical leave. However, you may have the right to unpaid leave during pregnancy, childbirth, and to bond with a new child. You may have additional rights under state and/or local laws. See the “Caring for Your Own Medical Needs” or “Caring for a Loved One” tabs for more information.

Unpaid Family & Medical Leave 

The law may protect your job while you are taking leave due to pregnancy, childbirth, or to bond with a new child (including adopted and foster children).

• If you are covered, the Family and Medical Leave Act (FMLA)allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it).
  • Only about half of all private sector workers in the U.S. are covered by the law. You must (1) work for the government or a company with 50 or more employees within 75 miles of your worksite; (2) have worked with your employer for at least 1 year; and (3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for your own health (including pregnancy), to care for a new child after birth, adoption, or foster placement, or to care for a seriously ill family member. Remember that you only get 12 weeks a year in total—if you take time off before you give birth for your own health needs, you’ll have less time afterward to bond with your baby.
  • Before giving birth, you may use your leave an hour or day at a time—such as by taking a day off per week to go to the doctor— rather than all at once. Your employer must approve, however, if you want to use leave time in smaller chunks to bond with your baby.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you are in the top 10% of highest-paid workers in your company, different rules apply.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
• Even if you are not eligible for FMLA leave, the Pregnant Workers Fairness Act can provide time off to recover from childbirth as a reasonable accommodation so long as it would not be extremely difficult or expensive for your employer to provide you with the time off.
• Illinois’ pregnancy accommodations law may also give you the right to unpaid, job-protected time off work as a reasonable accommodation to physically recover from childbirth. See the “Pregnancy/Pregnancy Loss” tab for more information.

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

When you return to work as a new parent, you may still need a few extra breaks to pump breastmilk or time off to care for your baby when they’re sick. There are a few laws that can help you get back to work safely and still care for your family.

Nursing Rights

• Under Illinois’ Nursing Mothers in the Workplace Act, if you work in Illinois for an employer with more than 5 employees, your employer must provide you with reasonable break time to express breastmilk, unless it would be really difficult or expensive for them to do so. These breaks must be paid, but can run concurrently with any break time your employer already provides. Your employer must try to provide you with a private location, other than a toilet stall, to pump. For more information about your nursing rights, click here. Illinois’ pregnancy accommodations law may also give you the right to other lactation accommodations unless they would be really difficult or expensive for your employer to provide. See the “Pregnancy/ Pregnancy Loss” tab for more information.
• Rights for breastfeeding workers are strong in Illinois, but national laws may also protect you (for example, if you work outside Illinois):
  • The nationwide PUMP for Nursing Mothers Act applies to nearly all workers and gives you the legal right to private, non-bathroom space and reasonable break time for pumping at work. Learn more about your rights under the PUMP Act here or click the button above for a comprehensive guide on how to talk to your boss about your need to pump at work.
  • The Pregnant Workers Fairness Act can also help you if you need reasonable accommodations for lactation-related needs, such as break time and private space to express breastmilk, a change in uniform if it’s affecting your ability to pump, or avoiding toxins that may be harmful for lactating parents.
• It is illegal under the PUMP Act, Pregnancy Discrimination Act and/or the Illinois Human Rights Act for your boss to retaliate against you because you are lactating.
• Under Illinois law, you have the right breastfeed in any public or private location.

Caregiver Discrimination

• Some workers in Illinois are protected from caregiver discrimination.
  • Several localities in Illinois, including Chicago, Cook County, and Champaign, have outlawed employment discrimination based on familial status, family responsibilities, or parental status. See here for a comprehensive list of localities that have outlawed caregiver discrimination. Note, however, that your city may have protections not listed in this chart. You may want to consult with an attorney if you have questions about rights in your city.
• Nationwide federal anti discrimination law, often referred to as Title VII of the Civil Rights Act, prohibits discrimination against caregivers if that discrimination is based on sex (including pregnancy), race, color, religion, national origin, disability, or genetic information. That means, for instance, if your employer refuses to promote you or cuts your hours because you are a mother and they have a stereotype that mothers are unable to work, that could be illegal discrimination under nationwide law.
• The Americans with Disabilities Act bans unfair treatment of workers based on their relationship with a person with disabilities. For example, your boss can’t cut your hours because they think you can’t work as hard because you have a child with asthma. Or your boss cannot assume that you will cost more on the company’s health insurance plan because your family member is seriously ill. However, this law does not give relatives of a person with disabilities the right to accommodations, such as a schedule change, to help them provide care.

Taking Time Off from Work

Paid Sick & Safe Time 

A paid sick time law typically provides short-term time off, often in increments of hours or days. Sick time can typically be used if you need time off because you have a shorter-term illness (such as a bad cold), you need to attend a medical appointment be it for illness or preventative care, you need to care for a loved one who is ill, or you need to address needs related to domestic violence. 

If you work in Chicago, you may have the right to paid time off, without losing your job, if you need to recover from physical/mental illness or injury; seek medical diagnosis, treatment, or preventative care; or care for a family member who is ill or needs medical diagnosis, treatment, or preventative care.

• • If you work as an employee in Chicago for an employer of any size, you may have the right to earn and take up to 40 hours of paid sick time per year.
  • Under this law, you can take sick time to care for yourself or a child; legal guardian or ward; spouse; domestic partner (including parties to a civil union); parent; parent of a spouse or domestic partner; grandparent; grandchild; sibling; or any other individual related by blood or whose close association with you is equivalent to a family relationship.
  • Under this law, you earn sick time at the rate of one hour for every 40 hours worked.
  • Sick time under this law can also be used:
    • When your place of work or family member’s school, class or childcare provider is closed by public health officials for a public health emergency, or if you’re obeying an order by the Mayor of Chicago, the Governor of Illinois, the Chicago Department of Public Health, or a treating healthcare provider requiring you to: (i) stay at home to minimize the transmission of a communicable disease; (ii) remain at home while experiencing symptoms or sick with a communicable disease; (iii) obey a quarantine order that has been issued to you; or (iv) obey an isolation order that has been issued to you.
    • When your place of work or child’s school/place of care is closed by public health officials for a public health emergency.
    • For “safe time” purposes to address certain needs, including non-medical needs, that may arise if you or your family member is a victim of domestic violence, a sexual offense, or stalking.
  • For more information about your rights, see here.

In Illinois, an employer of any size that provides sick time to employees must let you use the amount of sick time you normally accrue during 6 months to care for a sick family member (rather than your own illness). This is known as the Kin Care Law.

• • A family member under the Kin Care Law includes a child, stepchild, spouse, domestic partner, sibling, parent, parent-in-law, grandchild, grandparent, or stepparent.

Paid Time Off

A paid time off law typically provides short-term time off, often in increments of hours or days. Paid time off can be used for any purpose, including for when you or your family are sick.

Beginning January 1, 2024, if you work for an employer in Illinois, Illinois’ Paid Leave For All law may give you the right to earn paid time off.

• • Under this law, you can earn one hour of paid time off for every 40 hours you work.
  • Your employer can limit you to accruing a maximum of 40 hours of earned paid leave per year.
  • You can use your earned paid time off beginning on March 31, 2024 or 90 days after the commencement of your employment, whichever is later.
  • You can use earned paid time off without providing a reason to your employer for such use. This can include time off due to an illness, injury, sickness, etc.
  • If use of paid leave is foreseeable, employers may require 7 calendar days’ notice. If the use of paid leave under the law is not foreseeable, the employee shall provide notice “as soon as is practicable.”
  • To learn more about the law, see here.

The state law set a minimum standard for paid time off. If you work in Cook County, you may also have rights under the local law as well. For a side-by-side comparison of these respective eligibility requirements and provisions of these laws, see here. 

Beginning December 31, 2023, if you work in Cook County, you may have the right to earn up to 40 hours of paid time off a year.

• • Under this law, you can earn one hour of paid time off for every 40 hours you work, up to a limit of 40 hours of earned paid leave per year.
  • You can use your earned paid time off beginning 90 days after December 31, 2023 or 90 days after the commencement of your employment, whichever is later.
  • You can use earned paid time off without providing a reason to your employer for such use. This can include time off due to an illness, injury, sickness, etc.
  • If use of paid leave is foreseeable, employers may require 7 calendar days’ notice. If the use of paid leave under the law is not foreseeable, the employee shall provide notice “as soon as is practicable.”

Unpaid Family and Medical Leave

• If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it). See the “Time Off for Childbirth and Bonding” tab for more information on this law.
• If you are covered by the School Visitation Rights Act, you have the right to take unpaid time off to attend your child’s school-related activities.
  • To be eligible, you must (1) work at an employer with 50 or more employees in Illinois; and (2) have worked for at least 6 consecutive months before making a request, and (3) have worked at least half the number of hours that a full-time employee works for your employer.
  • If you are eligible, you have the right to take 8 hours of unpaid leave from work per year (though no more than 4 hours in a given day) to attend school conferences or classroom activities for your child, if the activities can’t be scheduled during non-work hours.
  • You may choose to—but your employer cannot require you to—make up the time you miss at another time.
  • Before you can use this leave time, you have to exhaust any vacation, personal, or other paid leave—but not sick or disability leave.
  • You have to request this leave in writing at least 7 days in advance, or 24 hours in advance in the case of emergency. You must provide verification of the school visitation to your employer.

Other Laws that May Provide Paid Benefits

• If you lose your job because you have family caregiving responsibilities, you may still be able to get Unemployment Insurance. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility. 

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.