Illinois has enacted a new paid leave law, the Paid Leave for All Workers Act, providing for up to forty hours of paid leave for nearly all workers in the state. The law, which is scheduled to go into effect in 2024, will allow Illinois employees to accrue one hour of paid leave for every forty hours worked, ultimately guaranteeing forty hours of paid time off per year that an employee can use for any reason whatsoever.
Illinois is the third state, behind Maine and Nevada, to enact such a law. The Illinois law is the most expansive, covering all employers—public or private—that have one or more employees in the state of Illinois, with certain exceptions for some state, federal, and unionized workers. Maine’s law governs employers with eleven or more employees while Nevada’s law is limited to employers with fifty or more employees in the state.
While fourteen other states and Washington, D.C. have paid sick time laws, these leave laws are designed to support workers who need leave for health-related reasons. Both the Illinois and Nevada laws specifically provide that employees do not have to disclose the reason for their leave to their employer. Under the Illinois law, employers are precluded from requesting documentation to support the need for a leave. Further, the Illinois law requires only seven days’ advanced notice when the need for the leave is foreseeable. If the leave is not foreseeable, an employee must still provide notice, but is only expected to give enough...
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