Illinois maternity leave laws don’t create a single paid maternity leave program. Instead, they stack: the federal FMLA gives eligible workers up to 12 weeks of unpaid, job-protected leave for the birth or adoption of a child; the Illinois Human Rights Act and the federal Pregnant Workers Fairness Act require accommodations during pregnancy; the Paid Leave for All Workers Act provides a small bank of paid time off; and FMLA keeps your group health insurance in place while you’re out. What you actually get depends on your employer’s size, how long you’ve been there, and where in the state you work.
The 12-Week Job-Protected Leave
The Family and Medical Leave Act is the closest thing to a guaranteed maternity leave most Illinois workers have. It provides up to 12 weeks of unpaid, job-protected leave for the birth or adoption of a child, covering physical recovery from childbirth and bonding time with a newborn or newly adopted child within the first year.1U.S. Department of Labor. Family and Medical Leave Act
All three eligibility rules have to be met:
- Your employer has at least 50 employees within 75 miles of your worksite.
- You have worked for the employer for at least 12 months, which do not need to be consecutive.
- You have logged at least 1,250 hours in the 12 months before your leave starts.
Miss any one of those and FMLA leave is unavailable.1U.S. Department of Labor. Family and Medical Leave Act
When you come back, your employer must restore you to the same position or one virtually identical in pay, benefits, working conditions, and responsibilities, including any unconditional pay raises that happened while you were out.2eCFR. 29 CFR 825.215 – Equivalent Position
Paid Time You Can Use During Leave
Illinois does not have a paid family leave insurance program. What it does have, since January 1, 2024, is the Paid Leave for All Workers Act. Covered employees earn one hour of paid leave for every 40 hours worked, up to a minimum of 40 hours per year, and the leave can be used for any purpose, including time with a new child.3Illinois General Assembly. Illinois Compiled Statutes 820 ILCS 192/15 – Provision of Paid Leave Forty hours won’t cover a full maternity leave, but it gives you at least one paid week that stacks on top of unpaid FMLA time.
The Act excludes some workers, including independent contractors, certain railroad and airline employees, part-time college students employed by their school, construction employees covered by a collective bargaining agreement, school district employees, and park district employees.4Illinois Department of Labor. Paid Leave for All Workers Act FAQ
Extra Paid Leave for Chicago Workers
If you work inside Chicago city limits, you accrue paid leave faster under the city’s own ordinance. For every 35 hours worked, you earn one hour of general paid leave and one separate hour of paid sick leave.5City of Chicago. Paid Leave and Paid Sick Leave A full-time Chicago employee can accumulate roughly 40 hours of general paid leave plus 40 hours of sick leave a year. Both banks begin on the first calendar day of employment, and you must work at least 80 hours in Chicago within a 120-day period to qualify.
Short-Term Disability
Illinois does not require employers to offer short-term disability insurance, but many larger employers do. If your employer’s plan covers pregnancy, it can replace a portion of your income during physical recovery from childbirth. Typical plans pay 50% to 70% of regular wages, usually starting after a waiting period of about two weeks. Many plans cover six to eight weeks for an uncomplicated vaginal delivery and longer for a cesarean section or complications. Check the plan documents well before your due date, because some policies have waiting periods or pre-existing condition clauses that limit coverage if you enroll too late.
Accommodations While You’re Still Pregnant
Before leave even starts, Illinois law protects your ability to keep working safely. The Illinois Human Rights Act (775 ILCS 5/2-102) requires employers to make reasonable changes for any condition related to pregnancy or childbirth, unless doing so would impose an undue hardship on the business.6Illinois General Assembly. Illinois Compiled Statutes 775 ILCS 5 It applies to every employer with one or more employees when the claim involves pregnancy, one of the broadest workplace pregnancy protections in the country.7Illinois Department of Human Rights. Pregnancy and Your Rights in the Workplace
The statute lists specific examples of what accommodations can include:
- More frequent bathroom breaks, extra water breaks, and periodic rest
- Help with manual labor, light duty, or a temporary move to a less physically demanding role
- Part-time hours, modified shifts, or time off for recovery from childbirth
- Seating, equipment modifications, or a private non-bathroom space for expressing breast milk
The law expects both sides to have a good-faith conversation about what will work. An employer can ask for documentation from a healthcare provider about the medical need for a specific accommodation, but only to the same extent it would for any disability-related condition.6Illinois General Assembly. Illinois Compiled Statutes 775 ILCS 5 Denying an accommodation or firing someone for requesting one violates state law, and the employee can seek reinstatement and back pay through a complaint with the Illinois Department of Human Rights.7Illinois Department of Human Rights. Pregnancy and Your Rights in the Workplace
Since June 2023, the federal Pregnant Workers Fairness Act adds a second accommodation layer at employers with 15 or more employees. It requires reasonable accommodations for known physical or mental limitations related to pregnancy, childbirth, or recovery, bars employers from forcing you onto leave when another accommodation would let you keep working, and prohibits retaliation for requesting an accommodation.8Office of the Law Revision Counsel. 42 U.S.C. 2000gg-1 For most Illinois workers, the two laws overlap, and you can file under either. At employers with fewer than 15 people, the Illinois Human Rights Act still applies in full.
Keeping Your Health Insurance During Leave
One of FMLA’s most valuable protections is that your employer must keep your group health coverage active during leave on the same terms as if you were still working.9eCFR. 29 CFR 825.209 – Maintenance of Employee Benefits That covers medical, dental, vision, and any other benefits in the employer’s group plan. If your employer paid 80% of the premium before leave, it must continue paying 80% during leave.
You still owe your share of the premium. Because you won’t be getting a paycheck during unpaid FMLA leave, employers typically collect it on the regular payroll schedule, accept a lump-sum prepayment before leave starts, or let you catch up after you return. If you stop paying your share, the employer can cancel your coverage after giving at least 15 days of written notice.
How to Request the Leave
For a foreseeable event like childbirth, the FMLA requires at least 30 days of advance notice to your employer, which lines up roughly with the start of your third trimester.10eCFR. 29 CFR 825.302 – Employee Notice Requirements for Foreseeable FMLA Leave If an unexpected complication compresses your timeline, give notice as soon as practical.
Your employer can require a medical certification from your healthcare provider. Under the FMLA, that certification should state when the condition began, how long it is expected to last, and whether it prevents you from performing your job functions.11eCFR. 29 CFR 825.306 – Content of Medical Certification Most employers also have internal leave request forms through an HR portal.
After you submit paperwork, the employer should respond in writing with an approval or denial and an expected return date. Keep copies of everything you send and receive. If a dispute comes up later, those records are your best evidence.
Nursing Breaks After You Return
The Nursing Mothers in the Workplace Act (820 ILCS 260) requires Illinois employers to provide reasonable break time as needed for up to one year after birth. Starting January 1, 2026, those breaks must be paid at your regular rate, and employers cannot make you use vacation, sick leave, or PTO to cover the time.12Illinois General Assembly. Illinois Compiled Statutes 820 ILCS 260/10 Nursing breaks can run at the same time as any break period the employer already provides.
Federal law adds a baseline. Under the FLSA’s PUMP Act, employers must provide a private space that is not a bathroom, shielded from view and free from intrusion, each time a nursing employee needs to express milk.13U.S. Department of Labor. FLSA Protections to Pump at Work The federal protection reaches most workers, including agricultural employees, nurses, teachers, and drivers.
Leave After Pregnancy Loss or Failed Adoption
The Illinois Family Bereavement Leave Act (820 ILCS 154) provides up to 10 work days of unpaid leave after a miscarriage, stillbirth, failed adoption match, failed surrogacy agreement, unsuccessful fertility treatment, or a diagnosis that negatively impacts pregnancy or fertility.14Illinois General Assembly. Illinois Compiled Statutes 820 ILCS 154 – Family Bereavement Leave Act Use the leave within 60 days of the event, and give at least 48 hours of advance notice when practical.
Eligibility mirrors the FMLA: 12 months of employment, 1,250 hours worked in the preceding year, and an FMLA-covered employer (generally 50 or more employees).15Illinois Department of Labor. Family Bereavement Leave Act FAQs Your employer can request documentation from a healthcare provider or adoption organization but cannot require you to disclose which specific event triggered the leave.
Retaliation and Where to File a Complaint
Both state and federal law make it illegal for an employer to punish you for requesting pregnancy accommodations or taking protected leave. Under the FMLA, an employer cannot interfere with your right to leave, fire you for taking it, or discriminate against you for reporting a violation.16Office of the Law Revision Counsel. 29 U.S.C. 2615 – Prohibited Acts The Illinois Human Rights Act separately prohibits retaliation against anyone who requests a pregnancy accommodation, files a discrimination charge, or takes part in an investigation.
For an FMLA violation, file with the U.S. Department of Labor’s Wage and Hour Division at 1-866-487-9243.17U.S. Department of Labor. How to File a Complaint For an Illinois Human Rights Act violation, file a charge with the Illinois Department of Human Rights within 300 days of the incident.18Illinois Department of Human Rights. Non-Regulatory Guidance – Illinois Protections Against Pregnancy Discrimination That 300-day deadline is strict, so don’t wait to see whether the situation resolves on its own.