This article explains what workers receive under the Paid Leave for All Workers Act: who qualifies, how leave builds up, when it can be used, and how the state enforces the rules. It is one of the topics covered in the reference on Illinois employment law. Employees who work in Chicago or Cook County are generally covered by separate local ordinances instead, a point the last section returns to.
Who the Act covers
The Act reaches nearly every private employer in Illinois, regardless of size, and covers both full-time and part-time workers. Under 820 ILCS 192, the definition of a covered employee is broad and carries no minimum-hours threshold, so a person who works only a few hours a week still earns leave. The Illinois Department of Labor (IDOL), the agency that administers the law, treats coverage as the default and recognizes only a short list of exclusions.
A few groups fall outside the Act. It does not apply to employees of school districts or park districts, and it does not reach independent contractors, most federal employees, certain college students who work for the school they attend, or short-term workers in the construction industry and some rail carrier employees covered by specific federal or collective bargaining arrangements. Illinois Legal Aid Online summarizes the main carve-outs in its plain-language overview of paid leave for all workers. Workers already covered by the Chicago or Cook County paid-leave ordinances are addressed further below.
How much paid leave you earn
Covered employees earn one hour of paid leave for every 40 hours worked, up to a minimum of 40 hours in a 12-month period, under 820 ILCS 192. An employer can choose to offer more, but 40 hours is the floor, as Illinois Legal Aid Online explains in its overview of the law. Accrual started on January 1, 2024, or on a worker’s first day of employment, whichever came later.
Employers have two ways to deliver the leave. They can let it build hour by hour as work is performed, or they can “front-load” the full 40 hours at the start of the 12-month period. The 12-month period itself is set by the employer and disclosed to the employee in writing at the start of employment or when the policy takes effect.
Using your paid leave
A worker can begin using accrued leave 90 days after employment starts, or 90 days after the law’s January 1, 2024 effective date, whichever is later, under 820 ILCS 192. Once that point passes, the leave can be taken for any reason, and an employer cannot require a reason or documentation to support the request.
Notice rules depend on whether the leave is foreseeable. For foreseeable leave, an employer may require up to seven calendar days of advance notice; for unforeseeable leave, the worker gives notice as soon as it is practicable. An employer may also set a reasonable minimum increment for using leave, but that increment cannot exceed two hours per day.
Paid leave is paid at the employee’s regular hourly rate. Workers who normally earn tips or commissions are paid at least the full Illinois minimum wage for the hours of leave they take, rather than a lower tipped rate.
Carryover and separation
Accrued but unused leave carries into the next 12-month period when a worker earns it hour by hour. The employer can still cap actual use at 40 hours per period, so carryover raises the balance a worker holds without forcing the employer to allow more than 40 hours of use in a year. Front-loading remains the exception: an employer that grants the full 40 hours up front owes no carryover.
Payment of unused leave at separation depends on how the employer structures its policy. When an employer folds paid leave into a combined vacation or paid-time-off bank, the unused balance is treated as earned vacation, which the Illinois Wage Payment and Collection Act requires the employer to pay on separation, as the implementing rule at 56 Ill. Adm. Code 200.460 spells out. When the leave sits in a standalone Paid Leave for All Workers Act bank kept separate from vacation or PTO, no payout is required at separation.
Workers the Act does not cover
Chicago and Cook County adopted their own paid-leave and sick-leave ordinances before the state law took effect. A worker whose job is physically located in one of those jurisdictions is generally covered by the local ordinance rather than the state Act. The local ordinances set their own accrual, carryover, and usage terms, and in some respects provide more leave than the state minimum.
Because the covering rule follows the location of the work, an employee whose worksite sits outside Chicago and Cook County is covered by the state Act even when the employer is based inside one of those jurisdictions. A worker who is unsure which rule applies can compare the worksite address against the jurisdiction boundaries the ordinances publish.
How the law is enforced
IDOL enforces the Paid Leave for All Workers Act. A worker who believes an employer denied earned leave, retaliated for a leave request, or otherwise broke the law can file a complaint with the department, and the Illinois Attorney General’s office describes the broader set of workplace rights available to employees in the state. The department investigates complaints and can order an employer to provide the leave and pay damages owed to the worker.
Employers carry several duties under the Act. They must post and give employees a notice describing the right to paid leave, keep records of hours worked and leave accrued and used for at least three years, and refrain from interfering with the right to take leave. An employer that violates the law faces a civil penalty of $2,500 for each separate offense under 820 ILCS 192, in addition to what it owes the affected worker.
Frequently asked questions
Can my employer ask why I need the time off?
No. Leave under the Paid Leave for All Workers Act can be used for any reason, and the employer cannot require an employee to state a reason or provide documentation. This is different from a sick-leave law, which often limits leave to health or family reasons. An employer can still require advance notice of up to seven calendar days when the need for leave is foreseeable, under 820 ILCS 192.
Do I get paid for unused paid leave when I leave a job?
It depends on the employer’s policy. Under 56 Ill. Adm. Code 200.460, leave kept in a standalone Paid Leave for All Workers Act bank does not have to be paid out at separation. If the employer combines that leave with vacation or PTO in a single bank, the unused balance counts as earned vacation, which the Illinois Wage Payment and Collection Act requires the employer to pay at separation.
How soon after starting a job can I use paid leave?
An employee can begin using accrued leave 90 days after the first day of employment, or 90 days after the law’s January 1, 2024 effective date, whichever is later, under 820 ILCS 192. Leave still accrues during that first 90-day window; the waiting period limits when it can be used, not when it starts to build.
Does the Act apply if I already receive vacation or PTO?
An employer that already offers at least 40 hours of paid time off usable for any reason, on terms that meet the requirements of 820 ILCS 192, can satisfy the law through that existing policy. A policy that provides less than 40 hours, or that restricts the reasons leave can be used, does not meet the standard on its own.
What if I work in Chicago or Cook County?
Workers whose jobs are located in Chicago or Cook County are generally covered by those local paid-leave and sick-leave ordinances rather than the state Act. The local ordinances have their own accrual and usage rules, so the terms can differ from the state minimum of 40 hours. A worker in those areas applies the local ordinance to their situation.