A bill likely to be enacted in Illinois will require most employers in the state to provide covered employees with up to 40 hours of paid leave per year. The leave entitlement would begin January 1, 2024, and be available “for any purpose.” This statewide Paid Leave for All Workers Act would not cover employees receiving paid sick leave under Chicago’s or Cook County’s sick leave ordinances

After a “gut and replace” of Illinois Senate Bill 208 at the beginning of the 2023 legislative session, the Paid Leave for All Workers Act (the “Act”) passed both houses of the legislature on January 10, 2023. The Act has been sent to the governor, who issued a statement indicating that he is “looking forward to signing this legislation.”

Once signed, beginning January 1, 2024, the Act will require nearly all covered Illinois employers to provide its covered employees up to 40 hours of paid leave per year, to be used “for any purpose.” This would make Illinois the third state with a mandatory paid time off law, following Nevada and Maine.

Covered Employers and Employees

The Act applies to all employers in Illinois, including units of state and local government and government agencies. It does not, however, cover school districts organized under the School Code or park districts organized under the Park District Code.

The Act covers all employees, with the following exceptions:

• Employees as defined in the federal Railroad Unemployment Insurance Act or the Railway Labor Act
• ...

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