Does the FMLA cover parental leave?
Yes, the Family Medical Leave Act (FMLA) does cover parental leave in Illinois. Under the FMLA, eligible employees are entitled to take up to 12 weeks of job-protected, unpaid leave for certain family and medical reasons. One of the reasons that an employee can take leave is to bond with a newborn baby, adopted child, or newly placed foster child. This type of FMLA leave is referred to as parental leave. This is available to eligible employees regardless of gender and allows for both parents to take leave to bond with a newborn or newly adopted child without fear of job loss. In order to be eligible for FMLA leave, an employee must have worked for the company for 12 months prior to the leave and must worked for at least 1250 hours in the prior 12-month period. Additionally, an employer must have at least 50 employees located within 75 miles of the employee’s worksite for FMLA to be available. Once an employee is eligible for FMLA, he or she may take a leave for any of the FMLA-covered reasons. Parental leave is one of those reasons. Keep in mind, however, that FMLA leave is unpaid. Employers may require that an employee use accrued vacation or sick time to cover the leave. Employees who take FMLA leave are entitled to return to their job and to the same or similar position with no reduction in pay or benefits.
Related FAQs
Does an employee's job status affect his/her eligibility for FMLA leave?Am I required to give my employer notice before taking FMLA leave?
How do I file a complaint if my FMLA rights are violated?
Can I take FMLA leave for an employee's death or for bereavement?
Is an employee eligible for FMLA leave if they need to care for a parent with a serious health condition?
Can I take FMLA leave for a company-approved trip or training?
Can an employee take FMLA leave to care for a family member with an illness that requires frequent medical treatment?
Does the FMLA require employers to pay employees on FMLA leave?
Does the FMLA provide job protection for employees with qualifying exigencies related to a family member's active military service?
Can I take FMLA leave for an employee's military deployment?
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