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Other Leaves: Illinois

Other Leaves requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Stuart R. Buttrick, Susan W. Kline, Stacey Smiricky and Lindsey M. Hogan, Faegre Baker Daniels LLP


  • Illinois permits same-sex couples to marry. Illinois employers falling under the federal Family and Medical Leave Act (FMLA) must provide family medical leave to otherwise eligible same-sex spouses. See Family and Medical Leave.
  • For employees with family members in military service, the Illinois Family Military Act allows those employees leave from work when the service member is called into duty. See Illinois Family Military Leave Act.
  • Pregnancy disability must be treated by the employers with 15 or more employees like any other temporary disability with respect to rules for leave, seniority, benefits, reinstatement, insurance and the like. Employers must also provide reasonable accommodations, which may include time off, to pregnant employees. See Pregnancy Disability and Child-Rearing Leave.
  • Under Illinois law, all employers with five or more employees are required to provide unpaid break time for any employee who needs to express breast milk for her infant child. See Nursing Mothers Leave.
  • Employers with 50 or more employees must provide up to two weeks of unpaid bereavement leave for the death of a child. See Child Bereavement Leave Act.
  • Under Illinois' Service Member's Employment Tenure Act, certain military service members must have their jobs reinstated when they return home from active military duty. See Military Leave.
  • Certain Illinois employers must provide leave for employees to donate blood. See Employee Blood Donation Leave Act.
  • An employee seeking leave for jury duty must provide the appropriate notification to his or her employer. See Jury Duty Leave.
  • Employers must not take unlawful actions against employees who witness crimes. See Witness Leave.
  • Employers must give the appropriate amount of leave time for employees to vote during certain elections. See Voting Leave.
  • Employers must give the appropriate amount of leave for employees to attend their children's school meetings. See School Visitation Leave.
  • An employee who is a victim of domestic or sexual violence, or whose family or household member is a victim, is entitled to take unpaid leave for reasons related to the domestic or sexual violence. See Victims' Economic Security and Safety Act.