On Jan. 10, 2023, the Illinois legislature passed the Paid Leave for All Workers Act (the “Act”), S.B. 208. Governor J.B. Pritzker is expected to sign the Act into law soon. The Act will go into effect on Jan. 1, 2024. Once this new law goes into effect, Illinois will be one of only a few states, including Maine and Nevada, that mandate employers offer paid leave for any reason (or no reason). This article addresses some highlights from the new law and key information for employers to understand.

Details about the Leave

• Amount: Under the Act, an employee who works in Illinois is entitled to up to 40 hours of paid leave for a 12-month period. The paid leave accrues at a rate of one hour of paid leave for every 40 hours worked. Employees who work less than 40 hours per week accrue their paid leave based on their regular workweeks.
• Employee Choice: Employees can take their accrued paid leave for any reason they choose. Employers cannot require employees to provide a reason. Similarly, employers cannot require employees to provide documentation as proof or to justify the paid leave. This provision in the Act also appears to bar employers from requiring employees to provide documentation establishing that their use of paid leave was unforeseeable.
• Existing Paid Leave Policies: Employers who already provide a paid leave policy that meets the minimum requirements of the Act do not need to modify their existing policy as long as the existing policy provides that the employee may...

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