On November 3, 2023, the Illinois Department of Labor (“IDOL”) published proposed rules implementing the Illinois Paid Leave for All Workers Act (“PLAWA”). While the proposed rules will not be finalized until after the PLAWA takes effect on January 1, 2024, they provide additional guidance employers should consider when reviewing their leave policies for compliance with the Act.

Covered Employees

The proposed rules provide that a covered employee is an individual who works part-time, full-time, or performs seasonal work and is:

1. Permitted to work by an employer whose base of operations, regional office, or headquarters is in Illinois and that employee’s work is primarily performed in Illinois, or;

• Permitted to work by an employer if either of the following is true:

1. The work is primarily performed in Illinois for an employer that performs substantial business in the State, markets its services in the State, or maintains a registered agent within the State; or

• The work is primarily performed in Illinois and the individual is domiciled in Illinois.

Under the proposed rules, the IDOL will consider the following factors when determining whether work is “primarily performed in Illinois:”

1. The amount of work performed in Illinois compared to the amount of work performed outside Illinois;

• Whether the work performed inside of Illinois is isolated, temporary, or transitory; and
• Whether the work performed outside of Illinois is of the same nature or has the same duties of...

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