In Illinois, workers could be gone one-third of year
In January, Illinois passed the Paid Leave for All Workers Act, establishing that effective Jan. 1, 2024, all covered Illinois employers must provide covered employees up to 40 hours of paid leave per year to be used “for any purpose.”
Illinois is the third state with a mandatory paid time off law, following Nevada and Maine.
The law states that covered employees will accrue one hour of paid leave for every 40 hours worked. Employees can accrue up to 40 hours in a 12-month period.
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Employees may carry over up to 40 hours of paid leave from one 12-month period to the next. Employees cannot use the paid leave until they have completed 90 calendar days of employment.
Unlike most leave laws like the Family and Medical Leave Act, the new Illinois law expressly prohibits employers from requiring documentation or certification to support an employee’s need for leave.
Like the paid leave laws in Nevada and Maine, the Illinois law states that an employer may not require the employee to provide a reason for taking paid leave or provide any documentation to support the leave.
(Last year, Illinois also passed the Family Bereavement Leave Act expanding unpaid bereavement leave to employees for miscarriage, stillbirth, infertility and adoption loss).
One question that has arisen: How is this Illinois state law supposed to work with FMLA or other leaves where employees are required to provide the...
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