Illinois Leave Laws And Holidays

Illinois has joined Maine and Nevada as one of the few states in the U.S. to require paid leave for any reason. This major shift means workers across the state now have more flexibility to take time off, whether for vacation, illness, personal needs, or emergencies, without having to explain why.

In this guide, we’ll break down how paid time off (PTO) is earned and used in Illinois, and also explain other types of leave, including sick leave, maternity and paternity leave, bereavement, jury duty, military service, and voting leave. Whether you’re an employer updating your policies or an employee learning about your rights, this article will help you understand how these laws affect you in 2026.

Paid Time Off (PTO) in Illinois

Illinois Implements ‘Any Reason’ Paid Leave

Illinois’ Paid Leave for All Workers Act officially took effect on January 1, 2024, making it one of the most employee-friendly leave laws in the nation. Under this law, most workers in Illinois can now take paid time off for any reason, no questions asked.

That means you can use your time for:

• Vacation or travel

• Personal errands or family time

• Mental health days

• School events or caregiving

• Or simply taking a break when you need it

You don’t have to provide a reason or documentation to your employer; it’s truly “paid leave for any reason.”

Accrual and Coverage

How It Works:

• Employees earn one hour of paid leave for every 40 hours worked, up to 40 hours (or five days) per 12-month period.

• Both full-time and part-time employees are eligible.

• Accrual begins on your first day of employment or January 1, 2024, whichever is later.

• You can start using your accrued time after 90 days of employment.

Covered Employers:

This law applies to:

• All private employers, regardless of size

• State and local government agencies

Exceptions:
Certain school districts, park districts, and unionized workers in construction or transportation covered by a valid collective bargaining agreement (CBA) are not required to follow this law.

Front-Loading or Accrual System

Employers can choose between two methods:

• Accrual System:
  Employees earn leave gradually, one hour for every 40 hours worked, and unused hours can carry over to the next year (up to 40 hours).

• Front-Loading System:
  Employers can choose to give all 40 hours at the beginning of the year, so employees have access to their full leave balance upfront.

Tip for Employees:
If your employer uses front-loading, unused hours at the end of the year might not carry over, so make sure to check your company’s policy.

Usage Rules

Employees can use their paid leave for any purpose, and employers cannot require documentation or ask for a reason.

Employers may:

• Require up to seven days’ notice for foreseeable leave (like planned vacations).

• Ask for notice as soon as possible in emergencies or unexpected situations.

• Set a minimum usage increment (for example, requiring at least two hours off at a time).

Employers cannot:

• Deny leave for arbitrary reasons.

• Retaliate against employees for using their earned paid time off.

Compensation and Payout

• Paid leave must be compensated at the employee’s regular hourly rate.

• Unused paid leave does not have to be paid out when you leave your job, unless it’s part of a broader PTO or vacation policy that combines all paid leave together.

• Employers are required to keep accurate records of leave accrued, used, and remaining.

Chicago and Cook County Exceptions

If you work in Chicago or Cook County, local ordinances already provide paid leave and may even exceed the state’s minimum standards. Employers in these areas must follow whichever rule provides greater benefits to employees.

Sick Leave in Illinois

Federal Sick Leave (FMLA)

Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid, job-protected leave in a 12-month period.

This covers:

• Your own serious health condition

• Caring for a seriously ill family member

• Pregnancy, childbirth, or adoption

Eligibility Requirements:

• You’ve worked for your employer for at least 12 months

• You’ve worked 1,250 hours in the past year

• Your employer has 50 or more employees within 75 miles

Although FMLA leave is unpaid, it protects your job and health benefits during your absence.

Illinois Employee Sick Leave Act

Illinois law requires employers who offer sick leave benefits to allow employees to use that time to care for family members, not just themselves. Family members include:

• Children and stepchildren

• Spouses and domestic partners

• Parents, stepparents, and grandparents

Employers are not required to provide sick leave, but if they do, it must comply with this law.

Chicago and Cook County Sick Leave Ordinances

Workers in Chicago and Cook County have additional protections.
Under local law, employees accrue one hour of paid sick leave for every 40 hours worked, up to 40 hours per year.

• You can carry over up to 20 hours of unused sick leave each year.

• If you also qualify for FMLA, you may carry over an additional 40 hours.

• Unused sick leave generally is not paid out when you leave your job.

Maternity, Paternity, and Family Leave

Federal Protections

Under FMLA, new parents can take up to 12 weeks of unpaid, job-protected leave for:

• Pregnancy or childbirth

• Adoption or foster placement

• Caring for a newborn or new family member

Your job (or an equivalent one) must be available when you return.

Illinois State Laws

The Illinois Human Rights Act prohibits discrimination based on pregnancy, childbirth, or related conditions. Employers must treat pregnant employees the same as others with temporary disabilities, for example, providing reasonable accommodations or light-duty options.

Currently, Illinois does not require paid maternity or paternity leave at the state level, but many employers offer paid parental leave voluntarily.

Bereavement Leave

Illinois’ Family Bereavement Leave Act provides up to 10 working days of unpaid leave following the death of:

• A child, stepchild, or foster child

• A spouse or domestic partner

• A parent, sibling, grandparent, or grandchild

Large employers (with 50+ employees) are required to provide this leave.
Employees may also use it following a miscarriage, stillbirth, or failed adoption or fertility procedure.

Bereavement leave is unpaid, but employers can allow workers to use their paid leave balance during this period.

Jury Duty Leave

Employees in Illinois are entitled to unpaid leave when serving on a jury.

Requirements:

• Notify your employer within 10 days of receiving a jury summons.

• Employers cannot penalize or fire you for fulfilling your civic duty.

Employers are not required to pay for jury duty leave, but many choose to as a courtesy.

Military Leave

Federal Protections (USERRA)

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the job rights of employees who serve in the U.S. military. It ensures they can return to work after completing their service, with no loss of seniority or benefits.

Illinois State Protections

Illinois also has its own Service Member Employment and Reemployment Rights Act (ISERRA), which offers additional safeguards for members of the National Guard and Reserve.

Family Military Leave

Family members of active-duty service members can take up to 30 days of unpaid leave under the Illinois Family Military Leave Act when their loved one is called to duty.

Military-related leaves are typically unpaid, but employers may allow the use of accrued paid time off.

Voting Leave

Illinois encourages civic participation by allowing employees up to two hours of paid leave to vote if their work schedule doesn’t already provide a two-hour window while polls are open.

Employees must:

• Request time off at least one day before Election Day.

• Be paid their regular wages for time taken to vote.

Illinois State Holidays (2026)

Illinois officially recognizes 13 public holidays.
Public sector employees typically receive paid holidays, while private-sector employers are not required to provide paid time off for these days unless their company policy or contract states otherwise.