Illinois Leave Laws Mandates
Illinois provides a framework of leave laws that combines both federal and state policies.
The federal Family and Medical Leave Act (FMLA) ensures eligible employees can take up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. Illinois’ Paid Leave for All Workers Act (PLAWA) mandates paid leave for nearly all employees, allowing them to take time off for any reason without having to provide justification. Illinois also has unique provisions for bereavement, school visitation, and other forms of protected leave.
Illinois Sick Leave Law
Illinois’ PLAWA requires most employers to provide up to 40 hours of paid leave per year, earned at 1 hour per 40 hours worked. Leave can be used for any reason, and employers cannot ask for the reason. Accrual starts on the first day of employment, and leave can be used after 90 days. Employers may also frontload the full 40 hours annually instead of using accrual.
Illinois PTO Law
Illinois Paid Time Off (PTO) law requires employers to provide up to 40 hours of paid leave per year that employees can use for any reason without needing to provide documentation. This flexibility aligns with the concept of PTO, which typically allows employees to take time off for vacation, personal matters, or illness. PLAWA sets a minimum standard; employers can still offer additional PTO, vacation, or sick leave policies beyond what the law mandates.
Illinois FMLA Law
Illinois employees are covered by the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave per year for eligible employees. FMLA covers reasons such as the birth or adoption of a child, serious health conditions, and certain military family needs. Eligibility requires working for a covered employer (50+ employees) for at least 12 months and 1,250 hours in the previous year.
Illinois Bereavement Leave
The Family Bereavement Leave Act requires employers with at least 50 employees to provide up to 10 working days (two weeks) of unpaid bereavement leave for the death of a child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent. Leave must be taken within 60 days of notification of the event, and employees must provide at least 48 hours’ notice when possible.
Illinois School Visitation Leave
Illinois’ School Visitation Rights Act allows employees with at least six months of service at companies with 50 or more employees to take up to 8 hours of unpaid leave per school year (no more than 4 hours in a single day) to attend school conferences or activities related to their child if such events cannot be scheduled outside of work hours.
Illinois Leave Types, Eligibility, and Duration
| Type of Leave | Eligibility | Duration & Description |
|---|---|---|
| Paid Sick/General Leave | Most employees (exceptions apply) | 1 hr/40 hrs worked; up to 40 hrs/year; for any reason, no justification required |
| PTO/Vacation | Employer policy | Not mandated beyond PLAWA; employer discretion |
| FMLA | Employees of covered employers (50+) | Up to 12 weeks unpaid, job-protected leave for family/medical reasons |
| Bereavement Leave | 50+ employee companies | Up to 10 working days unpaid leave for covered family events or fertility loss |
| School Visitation Leave | 50+ employee companies, 6+ months service | Up to 8 hours unpaid/year (max 4 hours/day) for school-related events |
State Specific Leaves
- Paid Leave for All Workers Act (PLAWA): Mandates up to 40 hours of paid leave per year for any reason, with accrual and usage rules set by state law.
- Family Bereavement Leave Act: Provides up to 10 working days of unpaid leave for bereavement, including loss of close family members and certain fertility-related events.
- School Visitation Rights Act: Grants up to 8 hours of unpaid leave per year for parents to attend school activities that cannot be scheduled outside work hours.
- VESSA Leave: The Victims’ Economic Security and Safety Act (VESSA) provides unpaid leave for employees who are victims of domestic or sexual violence, or who have family or household members who are victims.
- Jury Duty Leave: Employees are protected from discharge for serving jury duty; leave is generally unpaid unless employer policy states otherwise.
- Voting Leave: Employees are entitled to up to 2 hours of paid leave to vote if their work schedule prevents them from voting during polling hours.
Essential Components of an HR Leave Policy
- Procedure for Leave Application: Communicate the steps employees should follow to request leave, including advance notice requirements and the necessary approval workflow.
- Categories of Leave: Clearly define the available leave options for employees, such as annual, sick, casual, or special leave.
- Eligibility Criteria: Specifies which employees can apply for leave and any conditions that must be met (for example, minimum service period).
- Leave Accrual: Explain how employees earn leave, whether on a monthly or yearly basis.
- Carry Forward and Forfeiture Rules: States if unused leave can be transferred to the next year or if it expires after a specific period.
- Tracking and Leave Records: Outlines how the organization monitors and maintains each employee’s leave entitlement and usage.
HR Compliance: Notice & Documentation Requirements
| Leave Type | Notice Required | Documentation Required |
|---|---|---|
| Paid Leave (PLAWA) | Reasonable (as soon as practicable) | None required under law |
| FMLA | Reasonable advance | Medical cert. or bonding docs |
| Bereavement Leave | 48 hours before leave begins, if possible | Proof (obituary, death certificate) may be required |
| School Visitation | 7 days advance notice, if possible | Documentation from school may be requested |
| VESSA | 48 hours advance notice, if possible | Documentation of violence or court documents |
| Jury Duty Leave | As soon as possible | Jury summons |
| Voting Leave | Advance notice prior to Election Day | None required |
