Legal Question in Medical Leave in Illinois

I hired a salesperson who is on commission only. He has been here for 6 months and now is asking for leave as he is going to be a kidney donor. I understand the law says that less than 12 months of employment, does not qualfy an employee for FML. Does the law treat donors differently under FMLA?


Asked on 8/02/10, 9:19 am

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

No, but you need to think about the message this sends about your company. The employer does not need to pay the employee during the leave period.

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Answered on 8/09/10, 6:34 am
Betty Tsamis Tsamis Law Firm PC

The FMLA applies to employers with 50 or more employees in a 75 mile radius (important whne employers operate mutli-sites). As a threshold issue, in order to be eligible for FMLA leave an employee must have worked 12 months and 1250 hours. Some employers allow employees to take unpaid leave even if the employee does not qualify for FMLA. If you choose to do this, you must be careful to create a policy so leaves are approved in a afir and consistent manner. For example, if you allow this employee unpaid leave for being a donor, you cannot then deny a pregnant employee unpaid leave when she needs it for a medical condition/or procedure. In any event, good luck.

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Answered on 8/09/10, 12:41 pm


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