February 10, 2025
Does Illinois Have Paid Sick Leave?
If you work in Illinois, you may wonder about your rights regarding time off. Specifically, you might want to know, “Does Illinois have paid sick leave?” The short answer is yes. The state requires business owners to provide paid leave to workers. Illinois passed the Paid Leave for All Workers Act (PLAWA) in 2023, and the legislation was enacted on January 1, 2024.
As an employee, it’s essential to understand your rights under PLAWA—starting with the fact that they are rights. Your employer isn’t “doing you a favor” or “going above and beyond” when they allow you to accrue and use paid leave. They are meeting the statute’s requirements.
On the other hand, if they refuse to provide paid leave, they are in violation of PLAWA. If you can’t resolve that issue with them, it may be time to explore your legal options with Wanta Thome PLC.
Illinois Paid Sick Leave: Why Time Off Is Essential
Before diving into the new Illinois sick leave law, it’s important to consider why the state passed this legislation. Governments increasingly recognize that paid leave isn’t a gift or a perk. It’s a fundamental right that benefits workers, employers, and communities in several areas, including:
- Worker Well-being: Taking time off as needed helps employees enjoy better physical and mental health. As a result, they tend to be more productive at work and happier in their jobs.
- Public Health: When sick employees stay home, they help prevent the spread of illnesses within their company and beyond.
- Employee Retention: Without laws like PLAWA, an employee who gets sick and knows they’ll face consequences when they go back to work might just choose not to return. When paid leave is available, workers are more likely to stay with their employer, and companies spend less time and money recruiting and training employees.
- Workplace Fairness: Mandated paid sick means all employees, regardless of their role or income level, can take time off when they need it.
How Does the New Illinois Sick Leave Law Work?
Whether you already work in Illinois or are considering employment there, a critical question is, “How does the new Illinois sick leave law work?” It’s understandable to have questions about this law since Illinois is just the third state in the U.S. and first in the Midwest to require employers to grant paid leave for any reason. Learning about its provisions helps ensure you get the paid leave you’re entitled to under the law.
PLAWA entitles workers to up to 40 hours of paid leave in a 12-month period. As an employee, you earn one hour of leave for every 40 hours worked and can begin using those hours after 90 days of continuous employment at your company.
Companies can “frontload” paid leave, meaning they provide all paid leave at the beginning of the year or start of employment, but the bottom line is that workers can earn and use up to 40 hours of paid leave per year.
Another critical element of PLAWA is that you can take leave for any reason (or no reason at all). You aren’t required to explain your absence, and your employer isn’t allowed to ask for a reason or request documentation.
Frequently Asked Questions About the New Illinois Sick Leave Law
As businesses and employees get used to PLAWA, questions arise. Some of those not answered above include:
What is the PTO policy in Illinois?
Terminology for paid leave can vary, so a question like “What is the PTO policy in Illinois?” isn’t surprising. Generally, “paid leave” is any leave where you receive pay and can return to your job. An important distinction is between PTO and vacation pay. Employers do not have to pay you for accrued PTO if you leave the company, whereas vacation time may be subject to a payout.
Is the PLAWA requirement on top of my company’s existing paid leave policy?
Companies that already provide at least 40 hours of paid leave per year that workers can take for any reason are not required to provide additional paid time off.
Can my employer specify “blackout dates” in our leave policy?
Employers are allowed to have reasonable policies regarding denying paid leave requests due to “operational necessity,” such as during peak seasons. They must clearly communicate those restrictions and apply them equally to employees.
Can my employer require me to find someone to cover my shift?
Under PLAWA, your employer cannot require you to find a replacement before you use your paid leave.
Does PLAWA apply to all types of workers?
The Act has some limitations and exemptions. For example, it doesn’t apply to students employed part-time, independent contractors, some workers in specific industries (railroads and airlines, for example), some employees covered by a collective bargaining agreement, and others. So, it’s essential to learn whether PLAWA applies to your job.
You can find answers to other common questions about PLAWA here.
Protect Your Rights Under PLAWA With Help From Wanta Thome
Does Illinois have paid sick leave? Now you know that the Paid Leave for All Workers Act mandates paid leave. If you have questions or concerns about the Act, getting guidance is crucial.
For example, if you feel your rights have been violated by your employer in Chicago, an FMLA lawyer who understands the federal Family and Medical Leave Act and PLAWA can help you determine how to proceed.
At Wanta Thome PLC, our experience with paid leave cases and track record of success means we can ensure you get the paid leave you deserve. Contact us for a free initial consultation.