The “Paid Leave for All Workers Act” will take effect on January 1, 2024. (820 ILCS 192).  This Act requires Illinois employers to provide all their employees, including part-time employees, up to 40 hours of paid leave per year. Under the Act, employees accrue one hour of paid leave for every 40 hours worked. There are exceptions to the new law including the following: school district or park district employees; college students providing temporary services for their college; construction, delivery, pickup, transportation and state agency employees who are working under a bona fide collective bargaining agreement; and certain “employees” under the federal Railroad Unemployment Insurance Act.

Employees covered under the Act will begin to accrue paid leave when their employment begins or on the January 1, 2024 effective date of the Act, whichever is later. They may begin using their accrued paid leave ninety (90) days following the commencement of their employment or 90 days following the effective date of the Act, whichever is later.  Employees are to be paid their normal hourly rate for paid leave.

According to the Act, the “Paid Leave” is not limited to “sick leave” but may be used for any personal time off.  For leave that is foreseeable, employees must provide seven (7) days’ notice before taking the leave.  For leave that is not foreseeable, employees must provide notice as soon as is practicable after they become aware of the necessity for leave. Employers need to advise the employees of how to provide the notice.  

Employers are to keep accurate records of paid leave hours accrued and taken. They are also to post notices of the requirements of the Act. If an employer violates the Act, it can be sued by employees in proceedings before the Ill. Dep’t of Labor.

Employers in the City of Chicago may already be in compliance with this new Act if they are complying with Chicago’s Paid Sick Leave Ordinance. If employers already provide paid time off, they may already be in compliance with the new Act if their current policy complies with the requirements under the Act.

Evans & Dixon, LLC can provide its clients advice on this new law as well as other employment related issues.