Illinois paid leave laws require employers to provide up to 40 hours of paid leave annually that can be used for any reason. This comprehensive law ensures workers have access to protected time off without requiring specific justification for its use.
While Illinois doesn’t mandate separate sick leave, the Employee Sick Leave Act requires employers with existing sick leave policies to allow employees to use a portion of that leave for family members’ health-related needs. Employees must be able to use at least the amount they would earn over six months of work for these purposes.
Common Questions About Illinois Paid Leave
Understanding Illinois paid leave requirements is essential for maintaining workplace compliance and supporting employee flexibility. The law establishes specific guidelines for leave accrual and usage while providing comprehensive worker protections. Here’s what you need to know to stay compliant.
Who can take paid leave in Illinois?
All Illinois employees can take this leave, except:
- Employees covered by the Railroad Unemployment Insurance Act or Railway Labor Act
- Some student employees
- Some short-term employees of higher education institutions
Which employers have to provide this leave?
All private employers and state/local government entities must provide this leave, except for school districts and park districts. Employers covered by local ordinances (like Chicago or Cook County) requiring paid sick leave are exempt, but must still provide this leave to Illinois employees not covered by those local ordinances.
How much leave do employers need to provide?
Employees accrue one hour of paid leave for every 40 hours worked, up to 40 hours per year. Accrual begins at the start of employment. Exempt employees are presumed to work 40 hours per week unless they typically work less, in which case accrual is based on their normal workweek.
What can Illinois paid leave be used for?
Employees can use this paid leave for any reason. They don’t need to provide justification for their leave request.
How does this relate to other types of leave?
Employers can use a paid time off policy to comply if it provides at least as much leave and allows use for any reason. Employees can choose whether to use this paid leave before using unpaid leave options and can take it concurrently with FMLA leave.
Can employers limit how many hours of sick leave employees use in a year?
Employers can limit employees to 40 hours of paid leave per year. While the law doesn’t specify a total accrual cap, the annual usage limit still applies.
Can employers provide all the leave at once instead of letting it accrue?
Employers can frontload the full 40 hours at the beginning of the year, eliminating the need for carryover. For new or part-time employees, employers can provide prorated amounts but must allow additional accrual if employees work more hours than anticipated. They cannot reduce initially frontloaded amounts if employees work fewer hours.
Do employers have to carry over unused leave?
Yes, employers must allow carryover of unused leave, though the 40-hour annual usage cap still applies. However, carryover isn’t required if:
- The employer frontloads the full 40 hours, or
- The employer and employee annually agree in writing to pay out unused leave
What is the smallest amount of leave an employee can use?
Employees can take leave in two-hour increments.
What notice do employers and employees need to provide?
Employers must display a poster about paid leave rights and provide written notice of frontloaded amounts when applicable. For changes to the 12-month benefit period, employers must provide 30 days’ notice and documentation of hours worked, leave accrued/taken, and remaining balance.
Employees must provide oral or written leave requests. For foreseeable leave, employers can require 7 days’ notice. For unforeseeable leave, notice must be given as soon as practicable, following the employer’s written policy procedures.
What verification can employers ask for?
Employers cannot request any verification of the need for this leave.
Are employees’ jobs and benefits protected when they take this leave?
Yes, employers must maintain employees’ benefit coverage during leave. If rehired within 12 months, employees must have their previous leave balance reinstated. Regarding payout at separation, requirements depend on how leave is structured: if kept separate from other paid leave, payout isn’t required; if combined with other paid leave, unused time must be paid out.
Simplify Illinois Paid Leave with SixFifty
Navigating Illinois paid leave requirements can be complex, especially when coordinating with local regulations and existing leave policies. SixFifty’s solutions streamline the process, ensuring your policies align with state requirements while reducing the administrative burden on your HR team. We’re here to keep you compliant—even as paid leave laws evolve.
Want to see how it works? Schedule a free demo today!
