Illinois Employers are Now Required to Provide Employees with Paid Leave for Any Reason
February 9, 2023 • Christina Tantoy
Category: Legal Updates
Illinois Governor is expected to sign the “Paid Leave for All Workers Act” (SB-208), a statewide law that requires most Illinois employers to provide employees with 40 hours of paid leave per year that an employee may use for any reason. Once the Bill is signed, the law will go into effect on January 1, 2024.
Notably, the Act exempts employers already required to provide paid leave or paid sick leave. This means that employers located in the City of Chicago or within Cook County are not required to comply with this new law.
Covered employers must allow employees to either (1) accrue one hour of paid leave for every 40 hours worked, up to 40 hours per year; or (2) frontload employees with 40 hours of paid leave on their first day of employment or on the first day of a designated 12-month period (e.g., January 1st of each calendar year). Employers may limit an employee’s use of paid leave to 40 hours per year. And if employers choose to frontload employees with paid leave, employees are not required to carry over any unused paid leave to the next year.
In regard to notice and documentation, employees are only required to provide notice as soon as reasonably practicable if the leave is unforeseeable. If the leave is foreseeable, employers may require employees to provide 7 calendar days’ notice but must create a written policy setting forth those requirements. Also, unlike many other leaves of absence, employers may not require employees to provide documentation or certification in support of their leave.
Lastly, employers must maintain records that document an employee’s hours worked, leave accrued and taken, and paid leave balances for at least three years. Also, employers who allow employees to accrue must provide employees with notice of how much they leave they have accrued or used upon an employee’s request.
If you have any questions, do not hesitate to contact a local Stokes Wagner attorney
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THIS DOCUMENT PROVIDES A GENERAL SUMMARY AND IS FOR INFORMATIONAL/EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE COMPREHENSIVE, NOR DOES IT CONSTITUTE LEGAL ADVICE. PLEASE CONSULT WITH COUNSEL BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION.
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