This page turns the Family and Medical Leave Act (FMLA) into a routine for each leave request. Figures are on the rules and numbers page.
The Poster-to-Return Leave Relay
The Poster-to-Return Leave Relay is our name for a routine that carries one leave request from wall poster to first day back.
- Count everyone on payroll each week for the whole company, part-timers too; flag 50 in each of 20 workweeks, then check for 50 within 75 miles at each request.
- Post the Wage and Hour Division notice even if no one is eligible; if anyone is, add it to the handbook or give it to new hires.
- On a request, check eligibility: 12 months, 1,250 hours worked under FLSA principles, and 50 employees within 75 miles. Send the eligibility and rights-and-responsibilities notices within 5 business days.
- Ask for medical certification at that time or within 5 business days; the employee has 15 calendar days to return it and 7 to fix gaps.
- Send the written designation notice within 5 business days after you have enough information.
- Keep group health coverage on the same terms; it can end only if the employee's share is over 30 days late and written notice came 15 or more days earlier.
- On return, restore the same or an equivalent job, leave FMLA absences out of no-fault attendance points, and keep records 3 or more years.
Common mistakes
- Skipping the poster because no one is eligible.
- Sending the 5-business-day notices late.
- Giving no 7-day chance to fix a certification, or letting a supervisor call the doctor.
- Discouraging leave, moving staff between sites to stay under 50, or cutting hours to dodge eligibility.
- Denying a key employee job restoration without written notice.
When to talk to an attorney
A CPA cannot answer these; employers commonly turn to an employment attorney for:
- A firing or demotion near a leave request, or overlap with the ADA, workers' compensation, Illinois paid leave or VESSA.
- A headcount near 50, with related companies, joint employers or a PEO.
- A Wage and Hour Division audit, demand letter or lawsuit, a severance release covering FMLA claims, or premium recovery by wage deduction, which can collide with the Illinois Wage Payment and Collection Act.
Frequently asked questions
Does the FMLA apply to a business with fewer than 50 employees?
Generally not. Three tests apply: the employer needs 50 or more employees on payroll in 20 or more workweeks this year or last; the employee needs 12 months and 1,250 hours; and the employee's worksite needs 50 of the employer's employees within 75 miles. Public agencies and elementary and secondary schools meet the first test at any size.
Is FMLA leave paid in Illinois?
No. An employee may choose, and an employer may require, accrued paid leave in its place, except for disability-plan or workers' compensation pay. Illinois' Paid Leave for All Workers Act does not cover employers under local ordinances in force on Jan 1, 2024, such as Cook County's.
Which other Illinois leave laws sit beside the FMLA?
The Family Bereavement Leave Act gives FMLA-eligible employees 10 workdays of unpaid leave. VESSA gives unpaid violence-related leave: 12 workweeks at 50 or more employees, 8 at 15 to 49, 4 at 1 to 14. Both texts add no leave beyond the FMLA's, so their reach outside the FMLA is a legal question. The Neonatal Intensive Care Family Leave Act (effective Jun 1, 2026) adds 10 or 20 days by employer size while a child is in a NICU, after any FMLA leave.
What is the deadline for an employer to respond to a leave request?
The eligibility and rights notices go out within 5 business days; the designation notice, within 5 business days of enough information.
A CPA can help with the payroll, tax and accounting side of leave, and works alongside the owner's attorney.
Official sources
- U.S. Department of Labor: Fact Sheet 28, The Family and Medical Leave Act
- eCFR: 29 CFR 825.300, employer notice requirements
- Illinois Department of Labor: Paid Leave for All Workers Act FAQ
- Illinois General Assembly: Neonatal Intensive Care Family Leave Act, 820 ILCS 157/10
This page is a plain-language summary. The official source controls if there is any difference.