Illinois paid leave (PLAWA) rules for employers

“Under the Act, employees can earn at least 1 hour of paid time off for every 40 hours worked, up to 40 hours in a 12-month period.”

Sick leave policy template

What it means for Illinois employers

PLAWA is not a sick leave law in the narrow sense. The Illinois Department of Labor (IDOL) describes it as leave an employee can take for any reason or no reason at all. That is why the IDOL FAQ bars employers from asking the reason for a request and from asking for documentation such as a doctor's note, for the first 40 hours. (Illinois DOL, Paid Leave for All Workers Act FAQ)

The first question for any Illinois employer is geography. The City of Chicago and Cook County each passed their own paid leave ordinances before January 1, 2024, and IDOL says PLAWA does not apply to employers and workers there. A business in Rockford, Peoria or Springfield is under PLAWA; one in Evanston or downtown Chicago is under a local ordinance, which this page does not cover. (Illinois DOL, Paid Leave for All Workers Act FAQ)

The accrual rate is 1 hour per 40 hours worked, a pace that lands exactly on the 40-hour yearly limit for someone who works 40 hours a week for 40 weeks. Only hours actually worked count; hours spent on PTO or unpaid leave do not. IDOL lets the 12-month period be a calendar year or each employee's hire anniversary. (Illinois DOL, Paid Leave for All Workers Act FAQ)

Operational control is allowed within limits. Under 56 Ill. Admin. Code 200.310, a written, evenly applied policy can deny requests for operational necessity, including blackout dates in a peak season, and can set reasonable call-in rules. Employees may be required to take leave in increments of at least two hours, and pay is the regular hourly rate (for tipped and commissioned staff, at least the full local minimum wage or the base rate, whichever is higher). (Illinois DOL, Paid Leave for All Workers Act FAQ)

Exceptions and special cases

• IDOL lists specific exemptions: independent contractors, certain railroad and airline employees, some higher education student and short-term employees, construction workers and delivery or transportation workers under collective bargaining agreements, school district employees and park district employees. Employers of every size are covered, including nonprofits and religious organizations. (Illinois DOL, Paid Leave for All Workers Act FAQ)
• A union contract in effect on January 1, 2024 is outside PLAWA until it expires; a new agreement may waive PLAWA only in explicit, clear and unambiguous terms. (Illinois DOL, Paid Leave for All Workers Act FAQ)
• An existing plan that already gives at least 40 hours a year usable for any reason (vacation, PTO or personal time) is likely compliant without an extra week. (Illinois DOL, Paid Leave for All Workers Act FAQ)
• Front-loading part-timers: an employer may grant a pro-rated amount at the start of the year based on anticipated hours (IDOL's example: 20 hours a week for 50 weeks, about 25 hours). If the person then works more, accrual continues at 1 per 40 up to 40; if they work less or quit, the employer cannot claw back what was front-loaded. (Illinois DOL, Paid Leave for All Workers Act FAQ)

Worked examples

A hire on Monday, October 5, 2026

Accrual starts on the first day. Counting the 90 days the way IDOL's own example does, the employee can first use accrued leave on Sunday, January 3, 2027, so a request for the first working day after that, Monday, January 4, 2027, has to be honored subject to the policy. (Illinois DOL, Paid Leave for All Workers Act FAQ)

An errand that takes 45 minutes

IDOL allows a two-hour minimum increment, so the employer may deduct 2 hours of PLAWA leave for this absence. A policy can allow smaller increments if the employer prefers. (Illinois DOL, Paid Leave for All Workers Act FAQ)

Termination with a PLAWA balance

An employee fired with 4 unused PLAWA hours does not have to be paid for them, IDOL says, unless the hours sit in a vacation or general PTO bank. Vacation is different: under the Illinois Wage Payment and Collection Act, earned vacation is paid at separation with final compensation. (Illinois Dept. of Labor, Wage Payment and Collection Act FAQ (820 ILCS 115/5))

How to act on it

Paid sick leave: Illinois and neighboring states

Each state links to its rulebook. Only rules we verified are shown.

Questions about Illinois paid sick leave rules

The verified rules behind this page (4)

• Accrual: Where the Illinois Paid Leave for All Workers Act applies (it does not cover the City of Chicago or Cook County, which have their own paid leave ordinances), employees earn at least 1 hour of paid leave (usable for any reason, including sickness) for every 40 hours worked; employers may front-load instead. (Illinois DOL, Paid Leave for All Workers Act FAQ; verified Sep 24, 2026)
• Annual cap: Where the Illinois Paid Leave for All Workers Act applies (not in the City of Chicago or Cook County, which have their own paid leave ordinances), employees can earn and use up to 40 hours of paid leave per 12-month period (employers may provide more). (Illinois DOL, Paid Leave for All Workers Act FAQ; verified Sep 24, 2026)
• Effective date: The Illinois Paid Leave for All Workers Act took effect January 1, 2024 (it does not cover the City of Chicago or Cook County, which have their own paid leave ordinances); accrual begins at the start of employment or January 1, 2024, whichever is later, and employees may start using leave after 90 days. (Illinois DOL, Paid Leave for All Workers Act FAQ; verified Sep 24, 2026)
• In Illinois, an employer that provides vacation under an employment contract or policy must pay the monetary equivalent of all earned, unused vacation to an employee who resigns or is fired. A policy cannot forfeit earned vacation at separation. Vacation pay is part of final compensation, which is due by the next regularly scheduled payday. (Illinois Dept. of Labor, Vacation FAQ (820 ILCS 115/5; 56 Ill. Adm. Code 300.520); verified Sep 24, 2026)

Note: The Illinois Paid Leave for All Workers Act does not apply to workers and employers in the City of Chicago or Cook County. Chicago and Cook County have their own paid leave ordinances; check the local rule there. (Illinois Paid Leave for All Workers Act (820 ILCS 192); Illinois DOL PLAWA FAQ)

Sources (5)

• Illinois Department of Labor, Paid Leave for All Workers Act FAQ
• Illinois Department of Labor, Paid Leave for All Workers Act fact sheet
• Illinois Department of Labor, Vacation FAQ
• Illinois Dept. of Labor, Wage Payment and Collection Act FAQ (820 ILCS 115/5)
• Office of the Governor, press release on the Paid Leave for All Workers Act

Checked Sep 24, 2026 · How we verify every rule · Report an error

Where this goes next

StateIllinois employer rulebookAll 51 statesPaid sick leave laws by stateAlso in IllinoisIllinois final paycheck rulesStep by stepHow to hire your first employee