It is almost certain that Governor Pritzker will sign the Paid Leave for All Workers Act (Act) passed on January 10, 2023. The Act is littered with potential pitfalls for employer policies and practices regarding attendance, evaluations/reviews and discipline.
When does it start and what does it require?
Once signed, effective January 1, 2024, almost all private and public employers will be required to provide Illinois employees “up to a minimum of 40 hours” of Paid Leave during a 12-month period. The 12-month period can be set by employers, but will initially start on January 1, 2024 for all employers. Paid Leave will be paid at the employee’s hourly rate (or the minimum wage for the jurisdiction the employee is in, if the employee is paid less than minimum wage because of tips or commissions).
What Employers does it apply to?
All public and private employers in Illinois, except the following:
- School districts organized under the School Code.
- Park districts organized under the Park District Code.
- Employers covered by a municipal or county ordinance in effect on January 1, 2024 that requires any form of paid leave, including paid sick leave. However, if the ordinance is enacted or modified after January 1, 2024, those employers will have to comply with both the Act and ordinance.
What Employees are entitled to Paid Leave?
Full-time, part-time, seasonal and temporary employees must be provided Paid Leave, unless they fit within one of the following exceptions:
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