On March 13, 2023, Illinois Governor J. B. Pritzker signed the Paid Leave for All Workers Act (the Act).[1] The Act is the first statewide paid leave law in Illinois; it mandates paid leave "for any reason" for employees. The new Act, including the leave accrual requirements, will take effect on January 1, 2024. Illinois employers should review their current policies and procedures for compliance.
In the Act, the definition of "employer" is said to mirror the definition set forth in the Illinois Wage Payment and Collection Act,[2] which includes any individual, partnership, association, corporation, limited liability company, business trust, or employment and labor placement agency (where the agency or business pays individuals who are in a contract with the business or agency for work they perform for the business or agency). There is, however, one notable exception. Unlike the Wage Payment and Collection Act, the Act also includes as "employers" the State of Illinois and local governments, as well as any agencies and political subdivisions thereof. 820 ILCS 192/10.
"Employee" is defined in the Act to generally include all individuals who work in Illinois, except individuals who meet the legal definition of an independent contractor and state and federal government employees. Id. (This generally tracks the meaning of "employer" in the Wage Payment and Collection Act.) In addition, the Act does not apply to:
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