What is the Illinois Paid Leave for All Workers Act?

Submitted by pec on

Starting on January 1, 2024, Illinois employment laws will be implementing the Paid Leave For All Workers Act. This means workers in Illinois will begin earning paid time off. The new law allows workers to earn up to 40 hours of paid leave in a 12-month period. Workers will accrue one hour of leave for every 40 hours worked.

Paid Leave For All Workers Act

The Paid Leave for All Workers Act, Public Act (P.A.) 102-1143, will require employers, including municipalities, to provide 40 hours of paid leave to employees annually. Establishing a minimum paid leave standard starting on January 1, 2024 means employers must provide employees one hour of paid leave for each 40 hours worked and allow them to carry over up to 40 hours of paid leave annually. Employers can set a minimum increment of no more than two hours per day for the use of paid leave. Paid leave accrued may be taken for any reason but employers can set leave policies that require employees provide seven days notice for foreseeable leave and as soon as possible for unforeseeable leave.

Employers will have to maintain records which document hours worked, paid leave accrued and taken and the paid leave balance for each employee for at least three years. Employers will also have notification responsibilities which include posting a physical notice summarizing the Act, information on how to file a complaint and providing employees with notice of their amount of accrued time. Also, employers will not be able to retaliate against employees when they use paid leave and will be subject to penalties for violations of the Act including fines of up to $1,000 per violation of the Act’s posting and notice requirements and up to $2,500 for all other violations and possible civil penalties and damages to the employee.

The Act doesn’t distinguish full time, part-time or seasonal employees, as both full-time and part time employees are covered by this Act. However, employees who work fewer hours may accumulate less leave time when compared to full-time employees.

When Can Employees Use This?

Employees can use this paid leave after 90 days of employment and they do not have to provide documentation to their employer as employees can use the leave for any reason.

Exceptions

There are some exceptions which are that this law does not apply to seasonal employees, federal employees, or college students who work non full time jobs for their university.

Employment Law Attorneys That Take Cases In Illinois

Fill out the Free Case Evaluation to get connected with an independent employment law attorney who subscribes to the website and may be able to answer any questions you may have. Once the Illinois Paid Leave For All Workers Act is legal you may need the assistance of an employment law attorney if your employer fails to implement the requirements of the Paid Leave For All Workers Act.

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