Illinois now requires most employers to give workers up to 40 hours of paid leave a year for any reason at all, no doctor's note, no explanation needed. Here is what employees, including union members, should know about how it works and who it covers.
Most Illinois workers probably know their employer offers some form of sick time or vacation. Fewer know that state law now guarantees it, regardless of what their employer's handbook says. The Paid Leave for All Workers Act took effect on January 1, 2024, and it changed the baseline for nearly every workplace in Illinois. If you work in Elmhurst, Oak Brook, or anywhere else in Chicagoland outside the city of Chicago or unincorporated Cook County, this law likely applies to you.
What the Law Requires
The Act entitles covered employees to earn at least 40 hours of paid leave in a 12-month period, and that leave can be used for any reason. You do not need to be sick. You do not need a family emergency. A mental health day, a long weekend, or simply not wanting to go in counts just as much as a medical appointment.
How You Earn It
Employers can satisfy the law one of two ways. The first is accrual: employees earn one hour of paid leave for every 40 hours worked, up to the 40-hour cap. The second is frontloading: the employer grants the full 40 hours (or a prorated amount for part-time employees) at the start of the year or at the start of employment. Either method is allowed, as long as you can actually earn and use up to 40 hours a year. New employees generally become eligible to start using accrued leave after 90 days on the job.
You Don't Have to Explain Yourself
This is the part employees are often surprised by. Your employer cannot ask you why you are requesting the leave, and cannot require a doctor's note or other documentation to support it. That said, employers are allowed to adopt a written, evenly applied policy covering things like a two-hour minimum increment for use, advance notice for foreseeable absences, and reasonable blackout dates tied to genuine operational needs. What they cannot do is deny leave simply because they would rather you did not take it, or treat you differently for using it.
Carryover and Leaving the Job
Unused leave generally carries over from year to year, though an employer is not required to let you use more than 40 hours in a single year. Illinois law does not require employers to pay out unused leave when you leave the job, unless that leave is really part of a broader paid time off or vacation bank rather than a leave balance kept separate under the Act.
Who the Law Doesn't Fully Cover
A few groups need a closer look. If you are covered by a collective bargaining agreement that was already in effect on January 1, 2024, the Act generally does not apply to you until that contract expires, and even then, your union has to waive the Act's protections clearly and explicitly in the new agreement for the waiver to count. For police and fire union members, this means the details often come down to what is actually negotiated at the bargaining table, not just what the contract is silent on. Separate carve outs apply to construction workers under certain union contracts, some school district and park district employees, and workers in the city of Chicago or Cook County, which had their own paid leave ordinances before the state law took effect and are treated differently as a result.
What to Do If You Think Something Is Wrong
If your employer is denying leave requests without a valid policy behind it, asking you to justify a request, retaliating against you for taking leave, or simply has not told you this benefit exists, those are all signs worth looking into. Keep records of your requests and any response you get, in writing when you can. If you are in a union, this is also a good issue to bring to your steward or local, since the interaction between this law and your contract is not always obvious.
This post is provided for general informational purposes only and does not constitute legal advice. Every employment situation is different. If you have questions about your specific circumstances, contact McGregor Dunn Law LLC to speak with an attorney.
Questions about your situation? Call (630) 439-8989 or send us a message.