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Illinois Laws

Discover important state and local employment laws for Illinois.
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Published: May 16, 2024

(Chicago) Final Rules Published for Chicago’s Paid Leave and Paid Sick and Safe Leave Ordinance

(Chicago) Final Rules Published for Chicago’s Paid Leave and Paid Sick and Safe Leave Ordinance
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Update Effective: July 1, 2024

On April 30, 2024, the Chicago Department of Business Affairs and Consumer Protection (BACP) published the final rules implementing the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”) that will finally take effect on July 1, 2024 (previously postponed from December 31, 2023). This new ordinance provides up to 40 hours of paid time off for any reason and 40 hours of paid sick leave for all of Chicago’s workers within an employer’s defined 12-month period. 

The released guidance addresses the employer’s defined 12-month period, the distinctions between these two types of leave for accrual, carryover, approving time off, employer notice, and posting requirements. Employers should review and update their paid leave policies to meet these local requirements.

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Published: May 16, 2024

Final Guidance Released for Implementing the Illinois Paid Leave for All Workers Act

Final Guidance Released for Implementing the Illinois Paid Leave for All Workers Act
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Update Effective: Immediately

On April 30, 2024, the Illinois Department of Labor published the final regulations interpreting the Illinois Paid Leave for All Workers Act (PLAWA), which took effect in January 2024. These final regulations provide guidance on existing paid time off policies, accrual and carryover rules, the use of and limitations of leave time, and employer notice requirements for implementing PLAWA.

Employers should review and revise their existing paid time off policies and procedures to ensure that they meet the minimum requirements under these regulations.

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Published: Mar 14, 2024

Employers in the Greater Chicago Area Required to Provide Transit Benefits to Employees

Employers in the Greater Chicago Area Required to Provide Transit Benefits to Employees
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Update Effective: January 1, 2024

A new state law in Illinois will require employers with 50 or more eligible employees to provide their covered employees with a pre-tax commuter benefit, for employee work locations in specific localities in and around the city of Chicago. Employees must work at least 35 hours a week on average to be eligible, and can start using the benefit after working for 120 days.

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Published: Dec 22, 2023

Effective Date of Chicago Paid Leave and Paid Sick and Safe Leave Ordinance Delayed to July 1, 2024

Effective Date of Chicago Paid Leave and Paid Sick and Safe Leave Ordinance Delayed to July 1, 2024
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Update Effective: July 1, 2024

As previously reported, the Chicago City Council is set to enact the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance. On December 13, 2023, the Chicago City Council passed amendments to the Ordinance. Originally scheduled to take effect December 31, 2023, the Ordinance will now take effect July 1, 2024. Additionally, the amendment includes updated provisions such as expanded definitions of covered employers, provisions for payout of unused time upon separation, and recordkeeping requirements, among others. 

Until the Ordinance takes effect in July, the current Chicago Paid Sick Leave Ordinance (“PSLO”) will remain in effect. 

The Office of Labor Standards (OLS) is accepting public comments on the proposed amendments now through February 14, 2024. Thereafter, a final version will be published before the Ordinance takes effect. Justworks will continue to monitor updates. Employers should review and update their paid time off policies and post written notices to comply with the amended law.

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Published: Dec 14, 2023

Proposed Regulations for Illinois Paid Leave for All Workers Act

Proposed Regulations for Illinois Paid Leave for All Workers Act
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Update Effective: January 1, 2024 and TBD

On November 3, 2023, the Illinois Department of Labor (IDOL) issued proposed regulations interpreting the state’s Paid Leave for All Workers Act. The Act, which requires most employers to provide covered employees with at least 40 hours of paid leave per year to be used for any reason, will take effect on January 1, 2024. However, due to Illinois rulemaking procedures, which require a notice period before regulations can be finalized, employers will not have the benefit of final rules prior to the Act’s effective date.

Components outlined in the Act include minimum increments for usage, fractional accrual calculation, carryover caps, procedures to deny paid leave requests, and requirements to establish a policy, among others. These state-level requirements may exceed local paid leave laws so employers must comply with whichever law is most beneficial to employees. 

The proposed regulations have a 45-day comment period, meaning the IDOL will consider all comments received before publishing a final version. Justworks will monitor any updates to this proposal. Employers should consider reviewing their current paid time off policies and prepare to make applicable changes once final rules have been established.

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Published: Dec 14, 2023

Chicago Enacts Novel Dual Paid Sick Leave / Paid Time Off Law

Chicago Enacts Novel Dual Paid Sick Leave / Paid Time Off Law
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Update Effective: December 31, 2023

On  November 9, 2023, the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance which will take effect December 31, 2023. The Ordinance will replace the current Chicago Paid Sick Leave Ordinance (“PSLO”). Under the new Ordinance, all Chicago employers must annually provide up to 40 hours of paid leave for any reason and an additional 40 hours of paid sick leave, totaling 80 hours per year. The new law will also contain provisions regarding accrual/frontloading methods, carryover limits, and payout upon separation of employment, among others. Chicago employers should review and update their paid time off policies and post written notices to comply with the new law. Employers who fail to comply may be subject to fines.

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Published: Sep 14, 2023

Illinois Mandates Pay and Safety Rights for Day and Temporary Workers

Illinois Mandates Pay and Safety Rights for Day and Temporary Workers
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Update Effective: August 4, 2023

On August 4, 2023, Governor Pritzker signed a law which immediately amends the Illinois Day and Temporary Labor Services Act. Among other requirements, temporary labor service agencies must pay temporary workers who are assigned to a client for more than 90 days, wages and benefits (or their cash value) equal to the lowest-paid comparable direct-hire employee at the client company. Illinois employers that use temporary labor service agencies should immediately review their staffing contracts and update their relevant policies and practices to comply with the amendments.

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Published: Sep 14, 2023

Illinois Expands Bereavement Leave Rights

Illinois Expands Bereavement Leave Rights
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Update Effective: January 1, 2024

Recent legislative changes have expanded bereavement leave rights for two groups: (1) parents who lose a child to suicide or homicide; and (2) family members of those killed in a crime of violence. The new Child Extended Bereavement Leave Act entitles full-time employees who experience the loss of their child by suicide or homicide to take unpaid leave, continuously or intermittently, within one year after the employee notifies the employer of the loss. Employers with at least 50 full-time employees in Illinois must allow up to 6 weeks of unpaid leave and larger employers must allow up to 12 weeks.

In addition, the Victims’ Economic Security and Safety Act (VESSA) was amended to permit employees to use up to 10 workdays of unpaid leave related to the death of a family member or household member who is killed in a crime of violence. Leave must be taken within 60 days after the date the employee receives notice of the victim’s death. VESSA applies to employers with at least one (1) employee in Illinois. Employers should review these new requirements and update any bereavement policies to ensure compliance.

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Published: Sep 14, 2023

Illinois Passes Freelance Worker Protection Act

Illinois Passes Freelance Worker Protection Act
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Update Effective: July 1, 2024

Illinois has passed the Freelance Worker Protection Act, establishing strict protections for freelance workers beginning on July 1, 2024. Independent contractors who provide services in Illinois or for any Illinois-based entity will be covered, with certain exclusions for construction workers and government entities, including school districts. The Act sets forth requirements for written contracts and timely payments, and prohibits discriminatory, retaliatory, or harassing behavior toward freelance workers. Employers should review their independent contractor practices with legal counsel to determine how the law may apply to their organizations.

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Published: Sep 14, 2023

Illinois Requires Pay Transparency in Job Postings

Illinois Requires Pay Transparency in Job Postings
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Update Effective: January 1, 2025

On August 11, 2023, the Illinois Equal Pay Act was amended to require employers with 15 or more employees to disclose pay scale and benefits in job postings. The amendments apply to any positions that will be physically performed, at least in part, in Illinois or will be physically performed outside of Illinois, but the employee reports to a supervisor, office, or other work site in Illinois. Employers should review their job posting practices to proactively prepare for the changes.

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Published: Jun 15, 2023

(Chicago) Chicago Ban-the-Box Ordinance Amended

(Chicago) Chicago Ban-the-Box Ordinance Amended
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Update Effective: Immediately

On April 24, 2023, Mayor Johnson signed an amendment to Chicago’s existing “Ban the Box” ordinance that has restricted employer’s use of criminal records in employment screening for many years. Among other updates, the amended ordinance extends applicability to nearly all Chicago employers (previously, employers with fewer than 15 employees were excluded from certain provisions). The amended ordinance also imposes new notice requirements when conducting background screenings, including the requirement that the employer provide a reason when adverse action is taken based on an individual’s criminal record.

Employers should review their current employment practices policies and decision-making processes to ensure local compliance.

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Published: Jun 15, 2023

(Chicago) Expanded Protections on Choices Relating to Bodily Autonomy and Health Care Information

(Chicago) Expanded Protections on Choices Relating to Bodily Autonomy and Health Care Information
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Update Effective: Immediately

The Chicago Human Rights Ordinance was amended to further expand protections related to employees’ reproductive health and gender-affirming care. Employers are now prohibited from discriminating and retaliating against job applicants and employees (and their family members) based on their choices related to bodily autonomy when making employment decisions. Additionally, employers should not access information about employees’ reproductive health or gender-affirming care without confirmed and written consent; the law also permits consent to be revoked at any time by the employee.

Employers are encouraged to review their existing anti-discrimination and retaliation policies and revise them to include these expanded protections in their policies and employee training.

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This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.
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