Legal Question in Medical Leave in Illinois

It depends. If you're employed by a company that has 50 or more employees within a 75 mile radius (this applies where employers have multi-sites), and you have worked one year and 1250 hours you are eligible to take FMLA leave for your daughter's serious health condition. Being "asmatic," alone does not entitle you to leave. The FMLA defines serious health condition as:

"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:

any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or

a period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or

any period of incapacity due to pregnancy, or for prenatal care; or

any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or

a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or,

any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).