Pregnancy Disability - 775 Ill. Comp. Stat. §§ 5/2-102 and 5/8A-104 (2009); Ill. Admin. Code tit. 56, § 5210.110 (d) (2009)

Anti-discrimination law that may include leave

Covered Employers: Any person employing 15 or more employees during 20 or more calendar weeks during the year preceding the alleged violation

Employee Eligibility: All employees

Entitlement: Leave for a temporary disability resulting from pregnancy and recovery there from must be treated as any other temporary disability under the employer’s disability or medical benefit plan. The terms and conditions of pregnancy-related disability leaves of absence, including its duration and extension, may not be more restrictive, and need not be more generous, than those applied to disability leaves for other purposes. Entitlement extends to both time off to recover from conditions related to childbirth and leave necessitated by pregnancy, childbirth, or medical or common conditions resulting from pregnancy or childbirth.

Employer Notice: Not specified

Employee Notice: Not specified

Obligation to Provide Certifications or Documents Supporting Need for Leave: The employer may request documentation from the employee's health care provider concerning the need for the requested reasonable accommodation or accommodations to the same extent documentation is requested for conditions related to disability if the employer's request for documentation is job-related and consistent with business necessity. The employer may require only the medical justification for the requested accommodation or accommodations, a description of the reasonable accommodation or accommodations medically advisable, the date the reasonable accommodation or accommodations became medically advisable, and the probable duration of the reasonable accommodation or accommodations. It is the duty of the individual seeking a reasonable accommodation or accommodations to submit to the employer any documentation that is requested in accordance with this paragraph.

Paid?: Payment under any wage loss or insurance plan must be applied to disability due to or related to pregnancy on the same terms and conditions as they are applied to other temporary disability leaves.

Benefits: Benefits plans or policies must be applied to disability due to or related to pregnancy on the same terms and conditions as they are applied to other temporary disability leaves.

Reinstatement: Rights to re-instatement following disability leave due to or related to pregnancy must be provided on the same terms and conditions as they are applied to other temporary disability leaves. No employer shall fail or refuse to reinstate the employee affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth to her original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits, and other applicable service credits upon her signifying her intent to return or when her need for reasonable accommodation ceases, unless the employer can demonstrate that the accommodation would impose an undue hardship on the ordinary operation of the business of the employer.

Absence Specifications: