Understanding Illinois Leave Laws and holidays specific to the state is essential for both employers and employees. In 2025, Illinois workers are entitled to a variety of paid and unpaid leave options, including Paid Time Off (PTO), sick leave, and family-related leave, all governed by state and federal regulations. Additionally, state-recognized holidays ensure that employees receive the necessary time to rest and rejuvenate. Tools like Day Off can help manage and track leave efficiently. This article will explore the Illinois Leave Laws and holidays for 2025, providing a comprehensive guide to help you stay informed and compliant with the latest legal requirements.
Paid Time Off (PTO) in Illinois
In Illinois leave laws, Paid Time Off (PTO) policies are largely determined by employers, but they must follow certain state regulations to ensure fair treatment of employees. For 2025, understanding how leave quotas, accrual methods, rollover policies, and the payment of unused vacation on termination are managed is essential for both employers and employees.
Leave Quota
Employers in Illinois typically set their own leave quotas, determining how much PTO employees are entitled to. This may vary depending on the employee’s role, tenure, and company policies. Most companies offer between 10 to 20 days of PTO per year for full-time employees, though this number can increase with seniority or company-specific agreements.
Accrual
PTO in Illinois is commonly accrued on a monthly or bi-weekly basis. Employees accumulate leave over time, with a set amount of hours earned for each period worked. For example, an employee may accrue 1.5 days of PTO per month, giving them 18 days of PTO by the end of the year. Accrual rates must be clearly outlined in the employer’s PTO policy and provided to employees in advance.
Rollover
Illinois does not mandate that employers allow unused PTO to roll over into the next year, but many companies opt to include a rollover policy. Employers may limit the amount of PTO that can be carried over or set deadlines by which the unused leave must be used, often referred to as a “use-it-or-lose-it” policy. However, in such cases, employers must provide clear communication and ensure employees have a reasonable opportunity to use their accrued time before the deadline.
Payment of Accrued, Unused Vacation on Termination
One important aspect of Illinois law is that employees are entitled to payment for any accrued but unused vacation days upon termination of employment. This rule applies whether the employee is leaving voluntarily or is terminated by the employer. Companies cannot enforce a “use-it-or-lose-it” policy that nullifies this entitlement at the end of employment. The payment must be calculated based on the employee’s current wage rate, ensuring fair compensation for the unused PTO.
Sick Leave in Illinois
Federal Laws – Leave Quota
Under federal law, the Family and Medical Leave Act (FMLA) provides certain protections related to sick leave, though it does not specifically mandate paid sick leave. The FMLA grants eligible employees up to 12 weeks of unpaid leave per year for qualified medical and family reasons, such as personal illness, caring for a family member with a serious health condition, or the birth or adoption of a child. During this time, employers must maintain the employee’s health benefits, and the employee must be reinstated to the same or equivalent position upon return to work.
However, the FMLA does not require employers to provide paid sick leave. Employers can choose whether to offer paid sick leave under their own company policies or as mandated by state or local laws.
State Laws – Leave Quota
Illinois has established its own state-specific sick leave laws to ensure that employees have access to paid sick leave. The Illinois Sick Leave Act allows employees to use their paid sick leave benefits not only for personal illness but also to care for family members, including children, parents, spouses, siblings, grandparents, and others related by blood or close association. This flexibility is crucial for employees who may need to care for loved ones while maintaining job security.
Additionally, certain local jurisdictions, such as Chicago and Cook County, have implemented their own paid sick leave ordinances that go beyond state law. For example, Chicago’s Paid Sick Leave Ordinance requires employers to provide up to 40 hours (5 days) of paid sick leave per year to employees who work within the city limits. Employees earn one hour of sick leave for every 40 hours worked, with a maximum accrual of 40 hours in a 12-month period.
Accrual and Usage
In Illinois, employees generally accrue sick leave at a rate of one hour for every 40 hours worked under local regulations such as the Chicago Paid Sick Leave Ordinance. This accrued leave can be used for personal health needs or to care for family members. There is no statewide accrual requirement, but employers in Illinois must comply with local laws or ordinances that set minimum accrual rates and usage policies.
Rollover and Carryover Rules
Both federal and state laws allow for the carryover of unused sick leave into the next year, though limits may apply. For example, in Chicago, employees can carry over up to 20 hours of unused sick leave into the following year. However, some employers may cap the total amount of sick leave that can be accrued or carried over, provided these caps comply with local ordinances.
Sick Leave Protections
While the federal FMLA provides job protection for employees taking unpaid leave, Illinois law requires that employees can use their accrued sick leave without fear of retaliation. Employers are prohibited from disciplining or terminating employees for using their entitled sick leave as outlined by state or local laws.
Maternity, Paternity, FMLA in Illinois
Federal Laws
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave per year for specific family and medical reasons, including maternity and paternity leave. FMLA applies to all employers with 50 or more employees and grants leave for:
- The birth and care of a newborn child.
- Adoption or foster care placement of a child.
- Serious health conditions affecting the employee or a close family member (such as a spouse, child, or parent).
Employees who take leave under FMLA are entitled to job protection, meaning they can return to the same or an equivalent position when their leave ends. Employers are also required to maintain group health insurance coverage during the FMLA leave period.
However, FMLA leave is unpaid, and employees must meet eligibility requirements, such as working for their employer for at least 12 months and having at least 1,250 hours of service during that period.
Additional State Laws
In addition to the federal FMLA, Illinois has established state-specific laws and protections for maternity and paternity leave. Illinois does not have a separate, paid parental leave policy, but several state laws work to complement the federal FMLA and provide greater protections for new parents:
Illinois Human Rights Act (IHRA)
Under the Illinois Human Rights Act, employees are protected from discrimination based on pregnancy, childbirth, or related medical conditions. Employers must provide reasonable accommodations for pregnant employees, such as additional bathroom breaks, modified work schedules, or temporary job reassignments, without forcing the employee to take unpaid leave.Illinois Pregnancy Accommodation Law
Illinois requires employers to provide reasonable accommodations to pregnant employees, including light duty or modified work duties. Employers are also prohibited from retaliating against employees for requesting accommodations or exercising their rights under the law.Paid Sick Leave for Parental Leave
While Illinois does not mandate paid maternity or paternity leave, employees in Illinois may use their accrued sick leave for the care of a new child under the Illinois Sick Leave Act. This allows employees to apply their paid sick leave towards bonding with a new child, effectively offering partial pay during the early stages of parenthood.
Maternity and Paternity Leave for Government Employees
Illinois state employees, including those in local government positions, may have access to additional benefits through union contracts or government-specific policies. For instance, some state employees may be eligible for paid parental leave as part of their negotiated benefits, offering greater flexibility and financial support during maternity or paternity leave.
Family and Medical Leave Insurance Act (Proposed)
While not yet in effect as of 2025, Illinois lawmakers have proposed a Family and Medical Leave Insurance Act that would establish a state-run paid family and medical leave program. If passed, this law would offer paid leave benefits to employees for reasons covered by the FMLA, such as the birth of a child or caring for a sick family member. This program would provide partial wage replacement, offering more comprehensive support than current federal and state unpaid leave policies.
Additional Leave Benefits for Adoption and Foster Care
Both federal and state laws in Illinois allow employees to take leave for adoption or foster care placement. This leave is treated similarly to maternity and paternity leave, giving adoptive and foster parents the same job protection and ability to take time off for bonding, care, and adjustment.
Key Takeaways for 2025
In 2025, maternity and paternity leave policies in Illinois are shaped by a combination of federal protections under the FMLA and additional state-specific laws. While FMLA provides important job security for up to 12 weeks of unpaid leave, Illinois laws enhance protections for pregnant employees, offer sick leave options for parental leave, and continue to push for greater paid leave benefits in the future. Employers in Illinois must comply with both federal and state laws to ensure that employees have the necessary support when welcoming a new child or dealing with family medical issues.
Bereavement Leave in Illinois
In 2025, bereavement leave in Illinois continues to be governed by the Family Bereavement Leave Act (FBLA), which allows eligible employees to take up to 10 workdays of unpaid leave to grieve the loss of a family member, attend a funeral, or handle related matters such as making arrangements. This leave also covers miscarriages, stillbirths, failed adoptions, or fertility-related losses. The FBLA applies to employers with 50 or more employees, and workers must take the leave within 60 days of receiving notice of the death. While the leave is unpaid, employers may allow employees to use their accrued paid time off (PTO) to cover the bereavement period. This law ensures that employees in Illinois have the time and flexibility needed to mourn and manage the emotional and logistical aspects of losing a loved one.
Jury Duty Leave in Illinois
In 2025, Jury Duty Leave in Illinois continues to protect employees’ rights when they are called to serve on a jury. Under the Illinois Jury Act, employers are required to provide unpaid leave to employees summoned for jury duty. Employees are entitled to take time off without facing retaliation, including being fired, demoted, or penalized in any way for fulfilling their civic duties. While Illinois law does not mandate employers to pay employees for time spent on jury duty, some employers may offer paid leave for jury service as part of their company policy. Additionally, employees are required to provide their employer with reasonable notice upon receiving a jury summons, and they are expected to return to work after their service is complete. This law ensures that employees can participate in the legal process without jeopardizing their job security.
Military Leave in Illinois
In 2025, Military Leave in Illinois is protected under both federal and state laws, ensuring that employees who serve in the military can take time off without losing their civilian jobs. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are required to provide unpaid leave to employees who are called to active duty, reserve duty, or training with the U.S. Armed Forces. In addition to federal protections, the Illinois Service Member Employment and Reemployment Rights Act (ISERRA) offers enhanced benefits, including reemployment rights and protection from discrimination based on military status. Public sector employees, such as state or municipal workers, are entitled to up to 30 days of paid leave per calendar year for military service. Upon returning from duty, employees are entitled to be reinstated to the same or a similar position with the same pay, benefits, and seniority. These laws ensure that those serving the country can do so with the security of knowing their civilian jobs and benefits are protected.
Voting Leave in Illinois
In 2025, Voting Leave in Illinois ensures that employees have the opportunity to vote during elections without jeopardizing their jobs. Under the Illinois Election Code, employees are entitled to up to two hours of paid leave to vote if their working hours prevent them from having sufficient time to vote while polls are open. To qualify for this leave, employees must request it prior to Election Day, usually at least one day in advance, and employers have the right to specify when during the day the leave can be taken. This law is designed to ensure that all employees have the opportunity to participate in elections while maintaining job security, reinforcing the importance of civic engagement.
Illinois State Holidays for 2025
In 2025, Illinois will observe a variety of state holidays that provide employees with time off to celebrate, reflect, or rest.
Holiday
New Year’s Day
Martin Luther King Jr. Day
Lincoln’s Birthday
Presidents’ Day
Casimir Pulaski Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
Date
Wednesday, January 1
Monday, January 20
Tuesday, February 12
Monday, February 17
Monday, March 3
Friday, April 18
Monday, May 26
Friday, July 4
Monday, September 1
Monday, October 13
Tuesday, November 11
Thursday, November 27
Friday, November 28
Thursday, December 25