Illinois Employment Law

Annual leave is based on an agreement between employee and employer.

Under the Minimum Wage Law and the Illinois Wage Payment and Collection Act, an employer is obligated to pay an employee for all time worked. For both salaried and hourly employees, if a portion of the week is not completed, the entire salary amount is not due. However, the employee may enter into an agreement with their employer to use some kind of benefit time for those days not worked.

An employee may use personal sick leave benefits provided by the employer for absences due to an illness, injury, or medical appointment of the employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, on the same terms upon which the employee is able to use personal sick leave benefits for the employee’s own illness or injury. An employer may request written verification of the employee’s absence from a healthcare professional if such verification is required under the employer’s employment benefit plan or paid time off policy.  

An employer may limit the use of personal sick leave benefits provided by the employer for absences due to an illness, injury, or medical appointment of the employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent to an amount not less than the personal sick leave that would be earned or accrued during 6 months at the employee’s then-current rate of entitlement.

For employers who base personal sick leave benefits on an employee’s years of service instead of annual or monthly accrual, such an employer may limit the amount of sick leave to half of the employee’s maximum annual grant.   An employer who provides personal sick leave benefits or a paid time off policy that would otherwise provide benefits as required above shall not be required to modify such benefits. This Employee Sick Leave Act does not extend the maximum period of leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993, regardless of whether the employee receives sick leave compensation during that leave.

Duration of the Leave: An employee will be entitled to receive 1 hour of paid leave for every 40 hours worked up to 40 hours (i.e. 5 days) of paid leave beginning on January 1, 2024, or when employment begins (though employers may permit additional accrual).

Employees shall have complete autonomy to use their accrued leave ‘for any reason of their choice,‘ with no preset limitations, providing them with maximum flexibility and control over their time off. Exempt employees are considered to have a standard 40-hour workweek unless their regular workweek is shorter, in which case paid leave accrues according to that specific workweek.

Eligibility Criteria of the Leave: The Act shall apply to all private employers in Illinois, as well as state and units of local government or any state or local government agency.

Usage of the Leave: Eligibility for taking leave begins 90 days after an employee’s start date or 90 days after January 1, 2024, whichever is later. Employees can decide when and how much leave to use, but employers can set a reasonable minimum increment which shall not be less than 2 hours per day. The employer shall have the right to set the leave period at their discretion and communicate the period in writing to the employee at the time of hiring. Any changes to the period are permitted if the employer notifies the employee in writing in advance. The change shall not mean a reduction in the rate of accrual or the total duration of the leave.

Carryover and Front loading of the leave: An employee shall have the option to carry over unused paid leave from one 12-month period to the next one. However, the Act does not mandate employers to permit employees to accumulate more than 40 hours of leave in 12 months.

Alternatively, employees shall be permitted to opt for a front-loading approach, wherein employees shall be allowed to “front-load” 40 hours of paid leave at the beginning of the 12 months. Under this method, there shall be no requirement to carry over unused leave from one year to the next, and any remaining leave will be forfeited at the end of the 12 months, essentially implementing a “use it or lose it” policy. If an employee is rehired within 12 months of separation, any unused leave shall be reinstated and made available for their use.

Termination of employment: Employers are not obligated to compensate employees for any unused paid leave upon their termination, resignation, retirement, or separation unless the employer has added this leave to the employee’s paid time off or annual leave balance.

Record and Notice Requirement: Employers must maintain records for each employee showing the employee’s hours worked; paid leave accrued and taken; and remaining paid leave balance. Records must be kept for at least 3 years and must be available for inspection by the Labor Authority.

Employers can request a notice of up to 7 calendar days before employees take paid leave, which can be given orally or in writing. In cases of unforeseeable leave, employees are only required to provide notice as soon as reasonably possible. If notice for unforeseeable leave is needed, employers must have a written policy in place that outlines the notification procedures for employees.

Employees may take paid leave for any reason and are not required to provide their employers with the reason for the leave or documentation or certification as proof or support of their leave. As a condition of taking paid leave, employers cannot require employees to search for or find a replacement to cover the hours during which they are out on leave.

Employers with leave policies: Employers offering paid leave policies that meet the minimum requirement (i.e. minimum of 40 hours) do not need to make adjustments if their policies grant employees the freedom to take leave for any reason at their discretion.

Employers that are covered under the federal FMLA (those with 50 or more employees) must provide eligible employees with up to two weeks (10 working days) of unpaid bereavement leave due to the loss of a child. Employees will be eligible to take FBLA leave if they are eligible employees under the federal Family and Medical Leave Act (FMLA), which requires at least 12 months of employment and at least 1,250 hours worked within the previous 12-month period. Leave may be used to:

• • • Attend the funeral (or alternative funeral) of a child or family member;
    • Make arrangements necessitated by the death of the child or family member;
    • Grieve the death of the child or covered family member.
    • Be absent from work due to a miscarriage; an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure (e.g., artificial insemination or embryo transfer); a failed adoption match or adoption that is not finalized because it is contested by another party; a failed surrogacy agreement; a diagnosis that negatively impacts pregnancy or fertility; or a stillbirth.

Employers may request appropriate documentation to support the validity of a leave request. The employee may not be asked to specify the event that prompted the leave if it was a pregnancy- or adoption-related event, respectively.

The scope of “covered family members” under FBLA shall include “an employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent,” who are eligible for unpaid bereavement leave. “Child” is defined to include an employee’s son or daughter who is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. If an employee experiences the loss of more than one child during a 12-month period, the employee is entitled to six weeks of leave during the 12-month period.

Unless it is not reasonable or practicable, an employee must provide his or her employer with 48 hours’ notice of the intention to take leave. Employers may require documentation, such as a death certificate or published obituary. Employees must be permitted to (but may not be required to) substitute any available paid leave for the otherwise unpaid bereavement leave. The law does not create a right for an employee to take unpaid leave that exceeds or is in addition to, unpaid leave provided under the federal FMLA.

Child Extended Bereavement Leave

Employers shall provide additional leave benefits to allow employees to grieve the loss of a child (26 years of age or younger) under challenging circumstances. The Child Extended Bereavement Leave Act (CEBLA) requires employers with at least 50 employees to provide –

• • • 6 weeks (employers with 50-249 full-time employees) of unpaid protected leave for employees who have lost a child due to suicide or homicide.
    • 12 weeks (for employers with 250 or more employees) of unpaid protected leave to employees who have lost a child due to suicide or homicide.

Employees will be entitled to take leave continuously or intermittently in increments of at least 4 hours to grieve or for circumstances related to the loss, so long as the duration of the leave is completed within 1 year of the employee notifying their employer of the loss. Employees taking leave under the CEBLA will not be entitled to take additional leave under the FBLA. Child Extended Bereavement Leave Act also redefines the definition of “child” to mean an employee’s biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis.

Any person who is not legally disqualified to serve on juries, and has been duly summoned for jury duty for either petit or grand jury service, shall be given time off from employment to serve upon the jury for which such employee is summoned, regardless of the employment shift such employee is assigned to at the time of service of such summons. An employee shall give his employer reasonable notice of required jury service. An employer may not deny an employee time off for jury duty because such employee is then assigned to work a night shift of employment, that is, an employer cannot require a night shift worker to work while such employee is doing jury duty in the daytime.

As per the VESSA Act, employees shall be entitled to the leave in the below manner for non-death related reasons –

• • • 12 weeks of unpaid leave for employees of an employer with at least 50 employees;
    • 8 weeks of unpaid leave for businesses employing between 15-49 employees; and
    • 4 weeks of unpaid leave for businesses employing 1-14 employees.

The total number of workweeks to which an employee is entitled shall not decrease during the relevant 12-month period. An employee may take VESSA leave to:

• • • • Seek medical attention for or recovery from, physical or psychological injuries caused by domestic or sexual violence to the employee or employee’s family or household member;
      • If an employee with a family or household member who has been killed as a victim of violent crime. 
      • Obtain victim services for the employee or employee’s family or household member;
      • Obtain psychological or other counseling for the employee or the employee’s family or household member;
      • Participate in safety planning, including temporary or permanent relocation or other actions to increase the safety of the victim from future domestic or sexual violence; or
      • Seek legal assistance to ensure the health and safety of the victim, including participating in court proceedings related to the violence.

Employees may use up to 2 weeks of additional unpaid leave to make arrangements, attend the funeral, or mourn the death of a family or household member killed in a crime of violence. This leave must be completed within 60 days after the date the employee learns of the victim’s death, and cannot be combined with leave available under the FBLA. VESSA leave may be taken intermittently or on a reduced work schedule.

Notice and Certification Requirements – The employee shall provide the employer with at least 48 hours advance notice of the employee’s intention to take leave, except in such cases where it is not practicable to provide such notice. If an unscheduled absence occurs, the employer may not take action against the employee if the employee, upon request of the employer and within a reasonable period after the absence provides certification. Employers may require certification that VESSA leave is to be taken for one of the purposes enumerated above and that the employee or employee’s family or household member is a victim of domestic or sexual violence. An employee may satisfy such a certification requirement by providing a sworn statement of the employee, and upon obtaining such documents the employee shall provide –

• • • • • Documentation from a victim services organization, attorney, member of the clergy, or medical or other professional from whom the employee or the employee’s family or household member has sought assistance;
        • A police or court record; or
        • Other corroborating evidence.

Employers must maintain the confidentiality of all information about the use of VESSA leave, notice of an employee’s intention to take VESSA leave, and certification provided by the employee.

No public or private employer may terminate an employee who is a volunteer emergency worker because the employee when acting as a volunteer emergency worker, is absent from or late to his or her employment in order to respond to an emergency prior to the time the employee is to report to his or her place of employment. A public or private employer shall not discipline an employee who is a volunteer emergency worker if the employee, in the scope of acting as a volunteer emergency worker, responds to an emergency phone call or text message during work hours that requests the person’s volunteer emergency services.

An employer may not punish or penalize an employee who is a witness to a crime and takes time off from work to testify at a criminal proceeding pursuant to a subpoena. Leave is unpaid.

Employers with 50 or more employees must provide leave to eligible employees so that they can attend their children’s school conferences or classroom activities when the events cannot be rescheduled during non-work hours. To be eligible, an employee must have:

• • • • • • • • • • • Worked for the employer for at least six consecutive months before making the leave request; and
                    • Been employed on at least a half-time basis during that six-month period.

An employer must provide an eligible employee with up to eight hours of school visitation leave per school year, but no more than four hours can be taken on one day. Employers are not required to pay employees for the leave; however, they must make a good faith effort to allow employees to make up the time missed. Before taking school visitation leave, an employee must use all other accrued leave, except sick or disability leave. Employees must provide advance notice of leave. The employee should submit a verification form to employers following the leave. Job protections apply to employees taking leave.

Leave laws to apply to general or special elections and primary elections.

• • • • • • • • • • • • For general or special elections, employers must give up to a two-hour paid leave, for eligible employees. Prior notice from the employee is required.
                      • For primary elections, up to a two-hour unpaid leave is permitted, with employer’s consent.

Employers with 15 or more employees must provide unpaid leave to eligible employees who are members of the civil air patrol performing a civil air patrol mission. To be eligible, the employee must have been employed by the same employer for at least 12 months and must have at least 1,250 hours of service during the 12-month period before the leave. The amount of leave depends on the employer’s size, as follows:

• • • • • • • • • • • • • Between 15 and 50 employees—Up to 15 days of leave.
                        • More than 50 employees—Up to 30 days of leave.

Employers cannot require employees to use up other types of leave before taking civil air patrol leave. Employees must give advance notice of leave, and employers may require certification to verify eligibility for leave. Job protections apply to employees taking leave.

Employers with 15 or more employees must provide eligible employees with unpaid family military leave. To be eligible, an employee must:

• • • • • • • • • • • • • • Be the spouse, parent, child or grandparent of a person called to military service lasting longer than 30 days; and
                          • Have been employed by the same employer for at least 12 months, and
                          • Must have worked at least 1,250 hours in the 12-month period before the leave.

The maximum amount of leave depends on the employer’s size, as follows:

• • • • • • • • • • • • • • • Between 15 and 50 employees—Up to 15 days of leave.
                            • More than 50 employees—Up to 30 days of leave.

Before taking family military leave, employees must use up all other types of accrued leave, except sick or disability leave. Employees must provide advance notice. An employer may require certification to verify eligibility for leave. Job protections apply to employees taking leave.

In addition to USERRA, Illinois has the following laws providing employment protections for military service members:

• • • • Illinois Service Member Employment and Reemployment Rights Act (ISERRA): Effective Jan. 1, 2019, ISERRA replaces prior state laws in order to consolidate and clarify the employment rights and protections for military members. ISERRA provides service members with the right to take a military leave of absence and protects servicemembers from retaliation. Reemployment rights as provided under federal USERRA apply. Employer notice requirements also apply
      • Nondiscrimination: It is unlawful for employers with 15 or more employees to discriminate against employees based on their military status. Separate nondiscrimination provisions apply to members of the National Guard or Reserves.

The employer shall provide any Illinois employees who serve as an organ donor with 10 days of paid leave in any 12 months. Employers cannot require employees to use sick or vacation leave before being eligible for organ donation leave.

Employers with 50 or more employees shall be entitled to blood donation leave. Employees must be employed for 6 months or longer to be eligible for paid blood donation leave. After obtaining his or her employer’s approval, an employee may use up to one hour (or more time if authorized by the employer) to donate blood every 56 days following appropriate medical standards. An employer may require an employee to confirm from the blood bank. Eligible employees cannot be required to use accumulated or future sick or vacation time for the period used to donate blood.

Chicago Paid Sick Leave Ordinance Effective July 1, 2017, this ordinance allows workers in Chicago to earn up to 40 hours of paid sick time per year.

Cook County Earned Sick Leave Ordinance

Effective July 1, 2017, this ordinance allows workers in Cook County to earn up to 40 hours of paid sick time per year.