This law goes into effect 1/1/24 so clients have time to think about how they want to implement this.
What is required: All employees in Illinois must accrue at least 1 hour of PAID SICK LEAVE for every 40 hours worked. After 90 days of employment, employees must be permitted to take their accrued paid sick leave for their own or their family’s illness.
What is not permitted: Requiring employees to find a replacement to be able to take the time off (you can request an employee help find their replacement, but not require it). Requiring proof of the illness or need for time off (you can request the reason, but not require the employee to answer or provide proof). Requiring employees to take time off in full day increments.
Employers can require “reasonable” notice. For planned time off, like appointments or procedures, this is no more than 7 days’ notice. For unplanned time off, the required notice can’t be sooner than the employee is aware of the need.
Employers can require time off be paid in 2 hour increments if the schedule time is at least 2 hours. If the scheduled work time is less than the employer can pay out only what was scheduled.
Employers can either accrue time or frontload time. If time is accrued, then employees must be permitted to rollover their unused time from year to year. However currently the requirement for pay out and accrual caps at 40 annually. So employees may be stuck rolling over unused hours indefinitely. Clarification may come on this before the launch.
If an employee leaves employment, their sick leave accrued does not need to be paid out to them (If an employer uses their vacation pay to meet the requirements of this law, then they must still pay it out as vacation pay must be paid to employees at employment termination). If an employee returns to the company within a 12 month period, their accrued sick leave picks up where it left off. The 90 day clock does not restart so a returning employee can take their time off immediately (or picks up where they left off if they worked less than 90 days).
Paid Leave for All Workers Act (illinois.gov)
What is required: All employees in Illinois must accrue at least 1 hour of PAID SICK LEAVE for every 40 hours worked. After 90 days of employment, employees must be permitted to take their accrued paid sick leave for their own or their family’s illness.
What is not permitted: Requiring employees to find a replacement to be able to take the time off (you can request an employee help find their replacement, but not require it). Requiring proof of the illness or need for time off (you can request the reason, but not require the employee to answer or provide proof). Requiring employees to take time off in full day increments.
Employers can require “reasonable” notice. For planned time off, like appointments or procedures, this is no more than 7 days’ notice. For unplanned time off, the required notice can’t be sooner than the employee is aware of the need.
Employers can require time off be paid in 2 hour increments if the schedule time is at least 2 hours. If the scheduled work time is less than the employer can pay out only what was scheduled.
Employers can either accrue time or frontload time. If time is accrued, then employees must be permitted to rollover their unused time from year to year. However currently the requirement for pay out and accrual caps at 40 annually. So employees may be stuck rolling over unused hours indefinitely. Clarification may come on this before the launch.
If an employee leaves employment, their sick leave accrued does not need to be paid out to them (If an employer uses their vacation pay to meet the requirements of this law, then they must still pay it out as vacation pay must be paid to employees at employment termination). If an employee returns to the company within a 12 month period, their accrued sick leave picks up where it left off. The 90 day clock does not restart so a returning employee can take their time off immediately (or picks up where they left off if they worked less than 90 days).
Paid Leave for All Workers Act (illinois.gov)
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