Maternity Leave Laws in Illinois: Your Full Entitlements

Illinois does not have a state-mandated paid maternity leave law as of 2024. However, Illinois law provides important protections beyond federal law. The Illinois Pregnant Workers Fairness Act (PWFA), 820 ILCS 2/2-103, requires employers with 50 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions—including leave. This applies even if the employee is not disabled under the ADA. The PWFA covers temporary modifications such as leave time, schedule changes, or remote work options, and employers cannot penalize employees who request accommodations or retaliate against them for doing so.

Illinois also recognizes pregnancy as a disability under the Illinois Human Rights Act (IHRA), 775 ILCS 5/1-102, meaning that covered employers must provide accommodations similar to those for other disabilities. If you are unable to work due to pregnancy, childbirth, or related medical conditions, your employer may be required to provide leave or other accommodations. Illinois employers are not required to provide paid leave, but many offer it as a benefit. Unlike some states, Illinois has no separate paid family leave program funded by employer contributions or employee payroll taxes. State employees and some public employees may have access to leave through collective bargaining agreements or specific public sector policies, but private sector workers rely on federal FMLA protections, employer benefits, and the PWFA accommodation requirement. The Illinois Department of Labor and the Illinois Civil Rights Department (ICRD) enforce state laws; the ICRD handles discrimination and accommodation complaints.

The FMLA does not apply if your employer has fewer than 50 employees within 75 miles of your worksite, even if the company is larger overall. You are not eligible for FMLA if you have not worked for your employer for at least 12 months or have not worked 1,250 hours in the past 12 months. The PWFA and Illinois accommodation requirements also apply only to employers with 50+ employees. Small employers (fewer than 50 employees) in Illinois are not required by state law to provide unpaid maternity leave, though they may choose to do so.

Illinois law does not prohibit employers from requiring employees to use accrued paid time off (PTO, vacation, or sick leave) concurrently with FMLA or unpaid leave. This means your employer can require you to 'use up' your PTO while on maternity leave, which reduces the duration of unpaid leave you receive. However, employers cannot require you to use PTO before you are eligible for FMLA protection or before returning to work.

Some employees may not qualify for FMLA protection even at large employers: independent contractors, temporary workers, and employees on probationary status are generally not entitled to FMLA leave. Additionally, if you take leave that is not medically necessary or related to pregnancy complications, it may not be protected. An employer can require medical certification of your pregnancy-related condition to substantiate your FMLA request. Confidentiality of medical information is protected, but employers may request certification forms.

Step 1: Document Your Maternity Leave Rights and Employer Communication. From the moment you learn you are pregnant, keep records of all communications with your employer about maternity leave. Save copies of your employee handbook, any maternity leave or benefits documents, and written communications (emails, memos) about your leave request, approval, or denial. Document your hire date and calculate whether you have worked 12 months and at least 1,250 hours to determine FMLA eligibility. Take note of your employer's size (number of employees within 75 miles) and any statements the employer makes about maternity leave policy. If your employer has a written paid leave policy, document it. Also record any conversations (date, time, names of witnesses, summary of what was said) in which your employer discusses your maternity leave, denies it, or threatens retaliation if you take it.

Step 2: Provide Notice and Request Leave Formally. As soon as feasible—ideally at least 30 days before your due date or when you learn pregnancy complications require leave—notify your employer in writing of your intent to take maternity leave. Send an email to your HR department or supervisor clearly stating: (1) when you expect to need leave (expected due date or first day of leave), (2) how long you expect to be out, (3) whether you are requesting FMLA-protected leave, unpaid leave, or use of accrued PTO, and (4) your intention to return to work. Keep a copy for your records and request written confirmation of receipt. If your employer has a formal leave request form, use it. If your employer requests medical certification (a form from your doctor confirming your pregnancy and medical necessity for leave), provide it promptly. Your employer may not delay or deny leave based on timing of notice unless the notice was given with inadequate time and the employer cannot find temporary coverage.

Step 3: File a Charge with the Illinois Civil Rights Department (ICRD) if Leave is Denied or You Face Retaliation. If your employer denies maternity leave that you believe you are entitled to, fails to restore you to your position upon return, or retaliates against you for requesting leave, you must file a charge of discrimination or retaliation. You have 300 days from the date of the adverse action (denial of leave, termination, demotion, etc.) to file with the ICRD. File online at \www.cyberdriveillinois.com/departments/index/civil_rights or download a form and mail it to the Illinois Civil Rights Department, 100 W. Randolph Street, Suite 10-100, Chicago, IL 60601. You can also file a parallel federal complaint with the EEOC (covering FMLA violations and pregnancy discrimination under Title VII) within 180 days, but because Illinois is a deferral state, the ICRD has first right to investigate. Include in your charge: your name and contact information, employer name and address, a detailed description of the discriminatory action(s) or retaliation, dates when each action occurred, the names and titles of decision-makers, any witnesses, and the remedy you seek (back pay, reinstatement, front pay, damages). Provide copies of all documentation from Step 1.

Step 4: The Investigation and Resolution Process. After you file a charge, the ICRD or EEOC will assign an investigator. The agency will notify your employer of the charge and request a response. You will receive a copy of the employer's response. The investigation typically takes 60–180 days, during which the investigator may contact you and your employer, review documents, and conduct interviews with witnesses. You may be asked to provide additional evidence. The investigator will determine whether there is "substantial evidence" that discrimination or retaliation occurred. If the agency finds substantial evidence, it will issue a determination and try to settle the case through conciliation. If conciliation fails, the agency may issue a right-to-sue letter, allowing you to file a civil lawsuit in state or federal court within 30 days (if the ICRD closes the file). Alternatively, if the agency dismisses the charge or closes without issuing a right-to-sue, you can request "worksharing" permission to file in federal court.

Step 5: Consult an Employment Attorney. If your employer has denied leave, terminated you, demoted you, or retaliated against you for requesting maternity leave, consult an employment attorney who specializes in pregnancy discrimination or family leave law. An attorney can evaluate your case under FMLA, the PWFA, and Title VII of the Civil Rights Act (which prohibits pregnancy discrimination). Many employment lawyers work on a contingency fee basis for discrimination cases, meaning you pay only if you win. An attorney can help you file charges, respond to agency investigations, negotiate settlements, and pursue civil litigation if necessary. Contact the Illinois State Bar Association for referrals (\www.isba.org or 1-800-252-ISBA).