Illinois Governor J.B. Pritzker has signed into law the Paid Leave for All Workers Act (the Act), which requires employers to provide most employees with at least five days of paid leave per year for any reason. Illinois will become one of three states to require paid time off for any reason. The Act will take effect January 1, 2024.
Paid Leave Requirement
Key features of the Act’s paid leave entitlement include the following:
- Carryover and frontloading: Employers that frontload leave are not required to allow employees to carry over unused leave into the next year. Other employers must permit carryover of leave.
- Verification: Employers may not require employees to provide a reason, documentation or certification for leave.
- Rate of pay: Employees’ regular rate of pay applies during leave. Tipped or commissioned employees must be paid at least the minimum wage.
- Accrual and waiting period: Employees must accrue one hour of paid leave for every 40 hours worked, up to a minimum of 40 hours of leave per 12-month period. Leave may be used after 90 days of employment.
Employers may require seven days’ advance notice of foreseeable leave if that policy is in writing. Employers must post a notice about the law, and they must retain paid leave records for three years.
Exemptions
The law does not apply to school or park districts, short-term employees of higher education institutions, temporary part-time student workers in higher education, collectively bargained construction or delivery workers, certain railroad workers or employers covered by a municipal or county paid leave law in effect on Jan. 1, 2024. Notably, Chicago and Cook County have such laws.
Recap
- Violations are punishable by penalties of up to $2,500 as well as civil damages and equitable remedies.
- The act will take effect January 1, 2024.
- The paid leave requirement applies to all employers and employees in Illinois, with limited exceptions.
- Employer plans providing the same amount of leave under the same conditions as required by the Act will satisfy its mandate.
Material posted on this website is for informational purposes only and does not constitute a legal opinion or medical advice. Contact your legal representative or medical professional for information specific to your legal or medical needs.
