Sick Leave for Illinois Employees: What You Need to Know in 2025
Let me paint a picture of Illinois's sick leave landscape that's as dynamic as our Windy City.
Key Objectives:
Ever woken up in Chicago with a cold that makes the L feel twice as loud, or caught the flu while working downstate in Springfield? Well, if you're an Illinois worker, you're in luck - as of 2024, our state has joined the growing list of those requiring paid leave for any reason, making history faster than deep dish pizza became a Chicago icon.
Here's what makes Illinois special: Starting January 1, 2024, the Paid Leave for All Workers Act went into effect, making Illinois one of the most progressive states when it comes to paid time off. Whether you're trading at the Mercantile Exchange, teaching in Champaign-Urbana, or farming in the Prairie State's heartland, you're likely covered under this groundbreaking law.
Think of Illinois's approach like our weather - comprehensive and impactful. Nearly all employers must provide up to 40 hours of paid leave per year that workers can use for any reason. You earn one hour of paid leave for every 40 hours worked, and like our skyscrapers, these benefits are built on a solid foundation.
Illinois provides robust protections for workers through its Paid Leave for All Workers Act, set to take effect on January 1, 2024, and other existing laws like the Chicago Paid Sick Leave Ordinance and Cook County Earned Sick Leave Ordinance. These laws ensure that most employees in Illinois have access to paid leave for personal or family health needs. Here’s a detailed guide to sick leave in Illinois in 2025.
Statewide Paid Leave for All Workers Act
The Paid Leave for All Workers Act (PLAWA) requires employers throughout Illinois to provide paid leave to employees, with flexibility for its use.
Key Features
- Coverage: Applies to nearly all employers and employees in Illinois, except for federal employees, certain railway workers, and employees under collective bargaining agreements that waive this benefit.
- Accrual: Employees accrue 1 hour of paid leave for every 40 hours worked, up to 40 hours per year (or 5 days).
- Usage: Employees can use the leave for any purpose, including personal or family health needs, without being required to provide a reason.
Eligibility and Usage
- Employees begin accruing paid leave on their first day of employment or January 1, 2024, whichever is later.
- Employees can start using their accrued leave 90 days after starting employment.
- Employers may choose to frontload the full 40 hours at the beginning of the year.
Chicago Paid Sick Leave Ordinance
Chicago has its own sick leave law that predates the statewide law and provides additional protections for workers within the city.
Key Features
- Accrual: Employees accrue 1 hour of sick leave for every 40 hours worked, up to a maximum of 40 hours per year.
- Carryover: Unused sick leave can carry over to the following year, with limits based on employer size.
- Usage: Employees can use the leave for:
- Personal illness or injury.
- Family member care.
- Domestic violence or sexual assault recovery.
- Public health emergencies, such as school or workplace closures.
Cook County Earned Sick Leave Ordinance
The Cook County Earned Sick Leave Ordinance applies to employers within Cook County but outside the city of Chicago, providing similar protections as the Chicago ordinance.
Key Features
- Accrual: Employees accrue 1 hour of sick leave for every 40 hours worked, up to 40 hours per year.
- Usage: Similar to Chicago's ordinance, leave can be used for personal or family health needs, including recovery from domestic violence.
Federal Protections: FMLA
In addition to state and local laws, employees in Illinois may qualify for unpaid, job-protected leave under the Family and Medical Leave Act (FMLA).
Key Features
- Eligibility: Employees must work for an employer with at least 50 employees within a 75-mile radius, have worked for the employer for at least 12 months, and have logged at least 1,250 hours in the previous year.
- Benefits: Provides up to 12 weeks of unpaid leave for qualifying reasons, such as serious health conditions, family caregiving, or parental leave.
Employer Obligations in Illinois
Employers in Illinois must:
- Provide Notice: Inform employees of their rights under the PLAWA, Chicago Ordinance, and Cook County Ordinance (where applicable).
- Track Leave Accrual: Maintain accurate records of paid leave accrual and usage for at least three years.
- Prohibit Retaliation: Ensure employees are not retaliated against for using paid leave.
Failure to comply with these requirements may result in penalties, including fines and back pay.
Employee Rights and Responsibilities
Employees in Illinois should:
- Understand Accrual: Know how sick leave accrues under state and local laws.
- Communicate with Employers: Follow their employer’s procedures for requesting leave and provide notice when possible.
- Document Usage: Maintain records of leave used, especially if disputes arise.
Common Misconceptions About Sick Leave in Illinois
1. “Paid sick leave only applies to full-time employees.”
False. Paid leave laws in Illinois cover full-time, part-time, and temporary workers.
2. “Employers must pay out unused sick leave at termination.”
False. Illinois law does not require employers to pay out unused sick leave unless specified in their policies or under local ordinances.
3. “You need a doctor’s note to use paid sick leave.”
False. Employers generally cannot require documentation for short absences under Illinois law.
FAQs About Sick Leave in Illinois
Q: Can unused leave carry over to the next year?
A: Under statewide law, carryover is not required if the employer frontloads the full 40 hours at the start of the year. Local laws, like those in Chicago and Cook County, allow for limited carryover.
Q: Are employers allowed to require advance notice for sick leave?
A: Employers may request reasonable notice if the leave is foreseeable. For unforeseeable absences, notice should be provided as soon as possible.
Q: Can I use sick leave for mental health care?
A: Yes, Illinois law allows employees to use sick leave for mental health care or counseling.
Why Sick Leave Matters
Paid sick leave laws ensure that Illinois employees can take care of their health and family needs without risking their income. For employers, offering paid leave promotes a healthier workplace, reduces turnover, and boosts morale.
Final Thoughts
With the implementation of the Paid Leave for All Workers Act, Illinois has taken significant steps to provide employees with job-protected paid leave. Employers and employees should familiarize themselves with the state and local laws to ensure compliance and maximize benefits.
For more information, visit:
- Illinois Department of Labor
- Chicago Office of Labor Standards
- Cook County Earned Sick Leave
Next Steps
Navigating Illinois's new paid leave landscape can seem as complex as finding your way through the Loop during rush hour. Whether you're an employee trying to understand your new rights or an employer working to implement compliant policies, staying informed is crucial.
If you're a business looking to navigate Illinois's evolving employment regulations while expanding your workforce, consider partnering with an Employer of Record (EOR) service. They can help manage your HR compliance, payroll, and benefits administration while you focus on growing your business. Learn more about EOR services and how they can simplify your employment needs at TCW Global's EOR solutions.
Remember, Illinois's new paid leave law isn't just a mandate - it's a commitment to worker wellbeing that's as solid as the Willis Tower's foundation. Like our state's rich prairie soil, investing in your workforce yields abundant returns.
Need specific guidance? Consider consulting with your HR department, reviewing your employee handbook, or speaking with an employment law professional who understands Illinois's latest employment regulations.
