On March 13, 2023, Illinois Governor J.B. Pritzker signed the Paid Leave for All Workers Act (the “Act”) into law.

When the Act takes effect on January 1, 2024, eligible employees will be entitled to earn 40 hours of paid leave for every 12-month period at a rate of one hour for every 40 hours worked and will be able to use their accrued paid leave for any purpose—employers cannot require employees to submit documentation or other proof in support of the leave request.

Who Will Be Covered?

The Act states that it does not apply to employers already covered by any county or municipal ordinance that requires them to provide paid leave of any kind, including paid sick leave. Accordingly, those employers already covered under City of Chicago and Cook County ordinances would not be subject to the Act. Despite this and other carveouts (see the exceptions discussed below), the statute contains a broad definition of employers covered by the Act, including all private employers and most state and local government units, excluding only school districts and park districts. Likewise, most “employees” are covered, including domestic workers, but excluding a few specific categories, such as rail and air carrier employees as well as part-time student employees or short-term workers at colleges and universities. Entitlement to accrual and usage of paid leave is explicitly created for any “employee who works in Illinois.” Accordingly, the Act’s application relies on the location of the...

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