A: I'm sorry to hear about your injury. If you haven't already, you should ask your employer for a light duty assignment supported by a doctor's note indicating the need to do work that does not require standing for long periods of time. The employer would then have the duty to explore alternative job changes you might be able to perform.
If you can no longer perform the core duties of your job, because standing is essential to your job, you may no longer qualify to do your job - which would not be your employer's fault.
While unpaid medical leave does not automatically make you eligible to collect unemployment benefits, note the following law:
o Voluntary Leave: Voluntary Leaving Disqualification An individual will be ineligible to receive benefits if he has left work voluntarily without good cause attributable to his employer. The disqualification continues until the individual has become reemployed and has had earnings equal to or in excess of his current weekly benefit amount in each of four calendar weeks which are either for services in employment, or have been or will be reported pursuant to the provisions of FICA. (Section 601)
There are seven exceptions that exempt the worker from disqualification even though he has left work voluntarily without good cause attributable to the employer:
• 1. When the worker is deemed physically unable to perform his work by a licensed and practicing physician, or where the worker leaves work upon the advice of a licensed and practicing physician that assistance is necessary for the purpose of caring for his spouse, child, or parent who is in poor physical health, and such assistance will not allow him to perform the usual and customary duties of his employment. In either instance, the worker must notify his employer of the reason for leaving before the exception will apply. (Section 601B1
A: Here are some IDES FAQ you may find helpful:
3/16/2020 COVID-19 and Unemployment Benefits - IDES
What if I‘m temporarily laid off because the place where I work is temporarily closed because of the COVID-19 virus?
An individual temporarily laid off in this situation could qualify for benefits as long as he or she was
able and available for and actively seeking work. Under emergency rules IDES recently adopted, the
individual would not have to register with the employment service. He or she would be considered to
be actively seeking work as long as the individual was prepared to return to his or her job as soon
the employer reopened.
What if I quit my job because I am generally concerned over the COVID-19 virus?
An individual who leaves work voluntarily without a good reason attributable to the employer is
generally disqualified from receiving UI. The eligibility of an individual in this situation will depend on
whether the facts of his or her case demonstrate the individual had a good reason for quitting and
that the reason was attributable to the employer. An individual generally has a duty to make a
reasonable effort to work with his or her employer to resolve whatever issues have caused the
individual to consider quitting.
A: In Illinois, the governing law for personnel records is:
820 ILCS 40. This Act may be cited as the Personnel Record Review Act.
(Source: P.A. 86-1324.)
See the law and how you can file a complaint about violations here: