Maternity Leave Rights In Illinois

Many states have short term disability laws or discrimination laws that cover maternity leave, but in Illinois there are no special laws, instead maternity leave issues are covered by the federal Family & Medical Leave Act and the federal Pregnancy Discrimination Act.

The exception to this would be private company policies that offer extended maternity benefits, any specific terms that may have been negotiated in a union contract or state employees.

Family & Medical Leave Act

You may be eligible for unpaid maternity leave under the Family Leave Medical Act if:

• You work in a company with at least 50 employees who work within 75 miles of your location OR
• You work for a public agency OR
• You work for a public or private elementary or secondary school
• You have been employed at that company for at least 12 months
• During that last 12 months as a full time employee you worked a minimum of 1,250 hours

If you are eligible based on where you work, then you are entitled to up to 12 weeks of unpaid maternity leave for the birth of your child or if you are adopting or fostering a child.

Pregnancy Discrimination Act

Female employees in Illinois can be protected from discrimination in the work place under the federal Pregnancy Discrimination Act of 1978, which is an amendment to the Civil Rights Act of 1964. Unlike the Family & Medical Leave Act, smaller employers (those with 15 or more employees) are covered under the Pregnancy Discrimination Act.

If a female employee or job applicant is treated unfairly because of her pregnancy, upcoming or recent childbirth or because of a medical condition directly related to her pregnancy or childbirth she has likely been subjected to pregnancy discrimination. It is prohibited by law to discriminate against a pregnant woman when it comes to:

• hiring
• termination
• pay rate, pay raises
• job assignments
• promotions
• training
• benefits
• leave, vacation time, sick time 
• health insurance

Temporary Disability

Maternity leave must be treated in exactly the same way the employer treats other short term disability situations at their company. As an example, if your company provides modified tasks or paid leave and continues paying for medical benefits for someone who has had a heart attack, the same must be provided for a pregnant employee.

Get Legal Help

The rules vary based on the type of company that you work for and its size, so if you think you are dealing with pregnancy discrimination or that you are not receiving the leave you area entitled to under the Family & Medical Leave Act, seek out an attorney who can help you. Attorneys who specialize in disability law or work place relations will be able to analyze your situation and help you negotiate with your employer to get the benefits you are entitled to receive.