Illinois Leave Laws will require paid leave for any reason, joining Maine and Nevada in this initiative. the new Illinois Leave Laws, including how paid time off (PTO) is earned and used. We’ll explain everything from sick leave and maternity leave to jury duty and military leave, helping both employers and employees understand their rights and responsibilities. Stay updated on these new rules and what they mean for workers in Illinois with Day Off.
Paid Time Off (PTO) in Illinois
Illinois Implements 'Any Reason' Paid Leave
Illinois has joined Maine and Nevada in requiring employers to provide paid leave for any reason. This new law takes effect on January 1, 2024, covering nearly all employers and employees in the state.
Accrual and Coverage
Under this new law, employees accrue one hour of paid leave for every 40 hours worked, up to a maximum of 40 hours in a 12-month period.
Covered Employers: This law applies to all private employers, regardless of size, as well as local and state government entities. Notable exceptions include certain school and park districts.
Covered Employees: All employees, including part-time and full-time workers, are covered. Exceptions include certain temporary part-time or short-term student employees at universities and colleges.
Collective Bargaining Agreements
The act does not apply to employees under a valid collective bargaining agreement (CBA) in the construction industry or those involved in national and international transportation and delivery services.
Accrual Rate and Cap
Employees accrue one hour of paid leave for every 40 hours worked, up to a maximum of 40 hours per year.
Accrual Start Date
Employees begin accruing paid leave starting January 1, 2024, and can start using it from March 31, 2024. Newly hired employees start accruing leave on their first day of employment or January 1, 2024, whichever is later.
Waiting Period
New hires accrue leave immediately but can only use it after 90 days of employment.
Usage
Employees can use this leave for any purpose without needing to provide a reason or documentation. Employers can require a minimum leave increment of up to two hours per day.
Front-Loading or Accrual System
Employers can choose to either front-load leave by providing the minimum hours on the first day of the 12-month period or use an accrual system where employees carry over unused leave.
Notice Requirements
For foreseeable leave, employees may need to provide seven days’ notice. For unforeseeable leave due to illness or emergency, notice should be given as soon as practicable.
Chicago and Cook County
Employers under local paid leave ordinances as of January 1, 2024, are exempt from this law but must meet or exceed its standards.
Stay Informed
Updates will be posted before the law takes effect. For more details, visit the official Illinois General Assembly page. The Illinois Department of Labor (ILDOL) will oversee implementation and enforcement.
Payout
Employees must receive their regular hourly rate during paid leave.
Compensation for Unused Paid Leave
Generally, unused paid leave is not compensated upon termination unless it is part of the employee’s PTO or vacation bank.
Sick Leave in Illinois
Federal Laws
Federal law provides up to 12 weeks of unpaid sick leave under the Family and Medical Leave Act (FMLA) for qualified employees, which includes personal medical reasons, caring for a seriously ill family member, or maternity/paternity leave.
Eligibility: Employees must have worked for their employer for at least 12 months, with at least 25 hours per week or 1,250 hours in the previous year, and work at a location with at least 50 employees within a 75-mile radius.
Illinois State Laws
Illinois has specific sick leave laws. The Illinois Employee Sick Leave Act requires employers offering personal sick leave benefits to allow employees to use that leave for family members’ illnesses or medical appointments. This act applies to all employers providing sick leave benefits.
Chicago and Cook County
The Chicago Paid Sick Leave Ordinance and a similar law in Cook County require employers to provide paid sick leave.
Paid Sick Leave Details
Employees in Chicago and Cook County accrue one hour of paid sick leave for every 40 hours worked, up to 40 hours annually. They can carry over up to 20 hours of unused leave, with additional provisions for FMLA leave.
Payout for Sick Leave
Employers must pay for sick leave by the next regular payroll period after use. Unused sick leave is not paid out upon termination.
Maternity, Paternity, and FMLA Leave in Illinois
Federal Law
Under FMLA, eligible employees can take up to 12 weeks of unpaid leave for pregnancy, childbirth, or adoption.
Illinois State Laws
The Illinois Human Rights Act prohibits discrimination based on pregnancy, ensuring equal treatment in employment and benefits.
Payout for Maternity and Paternity Leave
These leaves are unpaid in Illinois.
Bereavement Leave in Illinois
Bereavement Leave Laws
Illinois laws provide up to 10 working days of unpaid bereavement leave for employees at companies with more than 50 employees, under the Family Bereavement Leave Act and the Child Bereavement Leave Act.
Payout for Bereavement Leave
Bereavement leave is unpaid.
Jury Duty Leave in Illinois
Jury Duty Leave Requirements
Employers must provide unpaid leave for employees to serve on a jury. Employees must provide notice within 10 days of receiving a jury summons.
Payout for Jury Duty Leave
Employers are not required to pay for jury duty leave.
Military Leave in Illinois
Federal Law
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers must protect the job rights of employees who serve in the military.
Illinois State Laws
The Illinois Service Member Employment and Reemployment Rights Act (ISERRA) offers additional protections and applies to a broader range of military service activities.
Family Military Leave
The Illinois Family Military Leave Act provides up to 30 days of unpaid leave for family members of service members called to duty.
Payout for Military Leave
Military leave is unpaid.
Voting Leave in Illinois
Voting Leave Provisions
Illinois employees are entitled to up to two hours of paid leave to vote if they do not have two consecutive hours of non-working time while polls are open. Employees must notify employers at least one day before Election Day.
Payout for Voting Leave
Employers must pay regular wages for time taken to vote.
Illinois State Holidays for 2024
Public Holidays
Illinois recognizes 13 public holidays. Private sector employers are not required to provide paid or unpaid leave for these holidays unless stated in their policy or employment contract.