🇺🇸 Illinois Paid Leave — 2026 UPDATE

Illinois Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

⚠️Informational only — not legal or tax advice.

Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of Illinois, United States      
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

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Table of Contents

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Introduction

Illinois mandates paid leave for nearly all private-sector employees under the Paid Leave for All Workers Act (PLAWA), 820 ILCS 192, effective January 1, 2024. Illinois does not operate a state-funded paid family and medical leave (PFML) program; workers requiring family or medical leave rely on the federal Family and Medical Leave Act (FMLA) and any employer-provided benefits. The PLAWA is administered by the Illinois Department of Labor (IDOL) at labor.illinois.gov. This page compiles current requirements from IDOL and the U.S. Department of Labor.

Quick Reference — Illinois Paid Leave Snapshot

Illinois Paid Leave Overview
Category Status
Mandatory Paid Leave Yes — Paid Leave for All Workers Act (PLAWA), 820 ILCS 192
Governing Statute Paid Leave for All Workers Act, Public Act 102-1143 (SB 208), 820 ILCS 192
Administering Agency Illinois Department of Labor (IDOL) — labor.illinois.gov
Covered Employers All Illinois employers (except school districts under the School Code and park districts under the Park District Code)
Eligible Employees Nearly all employees working in Illinois; independent contractors excluded
Leave Type Paid leave usable for any reason — no requirement to specify purpose
Accrual Rate 1 hour per 40 hours worked
Annual Usage Cap 40 hours per 12-month period
Waiting Period Before Use 90 days after start of employment or 90 days after January 1, 2024, whichever is later
Carryover Unused leave carries over annually; no payout required upon separation (unless previously credited as vacation/PTO)
Paid Family & Medical Leave Program No — No state PFML program. Pending legislation (HB3483 / SB2413, 104th General Assembly) as of March 2026
PFML Program Name N/A — Federal FMLA Only
PFML Weekly Benefit (Maximum) N/A
PFML Duration N/A
FMLA Applies Yes (Federal baseline — unpaid, job-protected leave)
Local Ordinances Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (effective July 1, 2024); Cook County Paid Leave Ordinance (effective December 31, 2023)
Information Current As Of March 2026

Sources: Illinois Department of Labor — https://labor.illinois.gov/laws-rules/paidleave.html · IDOL PLAWA FAQ — https://labor.illinois.gov/faqs/paidleavefaq.html · ILGA Statute — https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=4351&ChapterID=68 · U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla

Does Illinois Require Paid Leave?

Yes. Illinois requires nearly all employers to provide paid leave under the Paid Leave for All Workers Act (PLAWA), 820 ILCS 192, effective January 1, 2024. The law is distinctive among state paid leave statutes: covered employees may use accrued leave for any reason without disclosing a purpose to the employer. The PLAWA is administered by the Illinois Department of Labor (IDOL). Source: https://labor.illinois.gov/laws-rules/paidleave.html

Illinois does not have a separate “paid sick leave” statute distinct from PLAWA. The PLAWA supersedes and replaces the prior framework by providing broader “any reason” leave. Workers in Chicago and Cook County are subject to enhanced local ordinances (see Local Ordinances subsection below) rather than PLAWA itself.

Which Employers Are Covered?

PLAWA covers all Illinois employers without a minimum employee threshold, including most state and local government entities. The following employers are specifically exempt:

  • School districts organized under the Illinois School Code
  • Park districts organized under the Park District Code

Employers located in Chicago or in Cook County municipalities with a pre-existing local paid leave ordinance in effect as of January 1, 2024, are subject to those local ordinances rather than PLAWA. If a municipality did not have an ordinance in effect on January 1, 2024, PLAWA applies. Any local ordinance enacted or amended after January 1, 2024, must meet or exceed PLAWA’s benefits, rights, and remedies (820 ILCS 192/15(p)).

Source: IDOL PLAWA FAQ — https://labor.illinois.gov/faqs/paidleavefaq.html

Which Employees Are Eligible?

PLAWA covers nearly all individuals who perform work for an employer in Illinois, including part-time and full-time employees and domestic workers. Employees covered by a collective bargaining agreement (CBA) in effect on January 1, 2024, are not entitled to paid leave under PLAWA during the term of that agreement; once the CBA expires, PLAWA applies unless the new agreement explicitly and unambiguously waives its requirements. The following categories are excluded:

  • Independent contractors (properly classified)
  • Employees as defined under the federal Railroad Unemployment Insurance Act or the Railway Labor Act
  • Temporary college or university student-employees
  • Certain short-term employees of an institution of higher learning (employed fewer than two consecutive calendar quarters)
  • Employees in the construction industry covered by a collective bargaining agreement
  • Employees covered by a CBA with an employer providing delivery, pickup, and transportation services

Source: 820 ILCS 192 — https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=4351&ChapterID=68; IDOL FAQ — https://labor.illinois.gov/faqs/paidleavefaq.html

Accrual, Frontloading & Caps

Under PLAWA, paid leave accrues at a rate of 1 hour for every 40 hours worked, calculated on a minute-by-minute basis (per final IDOL regulations effective April 30, 2024; Administrative Code, 56 Ill. Code 200). Key provisions:

  • Accrual start: Leave begins accruing on the first day of employment or January 1, 2024, whichever is later.
  • Usage start: Employees may begin using accrued leave 90 days after accrual begins (90 days after hire, or April 1, 2024 for those employed before January 1, 2024).
  • Annual usage cap: 40 hours per 12-month period (employers may allow more).
  • Carryover: Unused accrued leave carries over to the following 12-month period. Employers are not required to pay out unused leave upon separation unless that leave was previously credited as vacation or PTO under a pre-existing policy (Illinois Wage Payment and Collection Act, 820 ILCS 115).
  • Frontloading: Employers may front-load the full 40 hours (or a pro-rated equivalent for part-time employees) at the start of the 12-month period. Frontloaded leave is not subject to carryover requirements.
  • Minimum increment: Employees may take leave in minimum increments of two hours per day. Employers may permit smaller increments.
  • FLSA-exempt salaried employees regularly working 40 or more hours per week are deemed to work 40 hours per week for accrual purposes.
  • Rehired employees: If an employee is rehired within 12 months of separation, all previously accrued but unused paid leave must be reinstated and made available for immediate use.

Source: 820 ILCS 192; IDOL Administrative Code 56 Ill. Code 200 — https://ilga.gov/agencies/JCAR/Sections?PartID=05600200&TitleDescription=TITLE%2056:%20%20LABOR%20AND%20EMPLOYMENT; IDOL FAQ — https://labor.illinois.gov/faqs/paidleavefaq.html

Qualifying Reasons for Paid Leave

PLAWA leave may be used for any reason. Unlike traditional paid sick leave statutes, the PLAWA does not require employees to specify a reason for their leave request. Employers may not require employees to provide documentation or a basis for a leave request. Employers may adopt reasonable policies regarding advance notice for foreseeable leave and notification procedures for unforeseeable absences, but cannot require disclosure of the reason for leave, and cannot adopt policies that effectively restrict use only to illness or emergencies. Source: 820 ILCS 192/10; IDOL FAQ — https://labor.illinois.gov/faqs/paidleavefaq.html

Pay Rate & Documentation

Employees receive their regular rate of pay for PLAWA leave. Tipped employees and commissioned employees must be paid at least the applicable minimum wage for the jurisdiction (state, Chicago, or Cook County) or the agreed-upon base hourly rate, whichever is higher. Employers may not require employees to provide documentation in support of a PLAWA leave request. Employers must maintain records documenting hours worked, paid leave accrued and taken, and remaining paid leave balance for each employee for a minimum of three years. Source: 820 ILCS 192; IDOL FAQ — https://labor.illinois.gov/faqs/paidleavefaq.html

Notice & Posting Requirements

Covered employers must conspicuously post the IDOL-issued PLAWA notice in the workplace and provide the notice to employees. The notice must be provided to employees no later than the later of the employee’s start date or 90 days after the January 1, 2024, effective date. The required poster is available at: https://labor.illinois.gov/employers/posters.html. Employers must include the notice in their employee handbook if one is maintained.

Retaliation Protections

PLAWA prohibits employers from discharging, threatening, demoting, suspending, or otherwise retaliating against an employee for requesting or using paid leave under the Act. Employees may file a complaint with IDOL within three years of the alleged violation. Penalties include compensatory damages, a penalty of $500–$1,000 payable to the employee, a civil penalty of up to $2,500, and reasonable attorneys’ fees. PLAWA does not provide a private right of action; all complaints are filed with IDOL. Source: 820 ILCS 192; IDOL complaint page — https://labor.illinois.gov/laws-rules/paidleave/paidleavecomplaintform.html

Local Ordinance Overlays

Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (effective July 1, 2024): Employees working in Chicago for at least 80 hours within any 120-day period earn leave under the Chicago ordinance rather than PLAWA. Covered employees earn 1 hour of paid leave (usable for any reason) and 1 hour of paid sick and safe leave for every 35 hours worked, up to 40 hours of each type per year (80 hours total combined). Employers with more than 50 employees in Chicago must pay out unused paid leave upon separation or transfer outside Chicago (phased: medium employers with 51–100 employees began paying up to 16 hours starting July 1, 2025). Questions regarding the Chicago ordinance are directed to the City of Chicago Office of Labor Standards: https://www.chicago.gov/city/en/depts/bacp/supp_info/office-of-labor-standards.html.

Cook County Paid Leave Ordinance (effective December 31, 2023): Employees and employers in Cook County (outside Chicago) are subject to the Cook County Paid Leave Ordinance, which mirrors PLAWA (1 hour per 40 hours worked, up to 40 hours per year, usable for any reason). The Cook County Commission on Human Rights enforces the ordinance: https://www.cookcountyil.gov/agency/commission-human-rights. Enforcement began February 1, 2024. Approximately 100 municipalities within Cook County have opted out of the county ordinance and are subject to PLAWA instead.

Source: IDOL PLAWA FAQ — https://labor.illinois.gov/faqs/paidleavefaq.html; Illinois Legal Aid Online — https://www.illinoislegalaid.org/legal-information/paid-leave-all-workers

Illinois does not operate a state-funded paid family and medical leave (PFML) program. Workers in Illinois who need family or medical leave rely on the federal FMLA (Section 4 below) and any employer-provided benefits such as short-term disability insurance, voluntary PTO policies, or employer-sponsored paid parental leave programs. As of March 2026, PFML legislation is pending in the Illinois General Assembly (HB3483 and SB2413, 104th General Assembly), which would create a Division of Paid Family and Medical Leave within IDOL and establish a state-administered insurance program providing up to 12 weeks of benefits per 24-month period for eligible employees; neither bill had been signed into law as of the date of this publication. Bill tracking is available through the Illinois General Assembly website: https://www.ilga.gov.

Maternity, Paternity & Parental Leave in Illinois

How Long Is Maternity Leave in Illinois?

The duration of maternity leave available to Illinois workers depends on federal FMLA eligibility and any employer-provided benefits, as Illinois does not have a state paid family and medical leave program.

  • FMLA baseline: Eligible employees are entitled to up to 12 workweeks of unpaid, job-protected leave under the federal FMLA for the birth of a child and to bond with a newborn within the first year. FMLA eligibility requires 12 months of employment with a covered employer (50+ employees within 75 miles) and 1,250 hours worked in the preceding 12 months.
  • Pregnancy-related medical leave under FMLA: FMLA also covers an employee’s own serious health condition, which includes pregnancy-related incapacity and prenatal care, potentially extending the total leave period when pregnancy-related conditions precede the birth.
  • Illinois Employee Sick Leave Act (820 ILCS 191): This act requires employers that provide paid sick leave for an employee’s own illness to extend the same benefit for the care of a spouse, child, stepchild, parent, mother-in-law, father-in-law, grandchild, sibling, or grandparent. This does not create a new leave entitlement; it ensures that an employer’s existing sick leave policy applies to family care situations. Source: https://labor.illinois.gov/laws-rules/leave_rights_division/employee-sick-leave-act.html
  • Total potential leave: An FMLA-eligible employee may combine pregnancy-related medical leave with bonding leave for a total of up to 12 weeks under FMLA. Accrued PLAWA leave (up to 40 hours) may also be used during this period.

Illinois does not have a state pregnancy disability leave (PDL) program separate from FMLA. Source: U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla

Is Maternity Leave Paid in Illinois?

Illinois does not have a state-paid maternity leave program. The available leave options differ by funding:

  • FMLA: Unpaid, job-protected leave. Employers may require — and employees may elect — to substitute accrued paid leave (including PLAWA leave) to run concurrently with FMLA leave.
  • PLAWA paid leave: Up to 40 hours of accrued PLAWA leave may be used for any reason, including during maternity leave. PLAWA leave is paid at the employee’s regular rate of pay.
  • Employer-provided short-term disability (STD) insurance: Many Illinois employers provide STD policies that cover a portion of wages during pregnancy-related disability and recovery; this is not a state mandate.
  • Employer-provided paid parental leave: Some Illinois employers offer voluntary paid parental leave programs; these are not required by state law.

The key distinction: state law does not provide wage replacement for family or medical leave beyond the 40 hours of PLAWA leave per year. Workers relying solely on state and federal entitlements receive unpaid FMLA protection for up to 12 weeks, with up to 40 hours of paid PLAWA leave that may overlap.

Paternity Leave and Parental Leave in Illinois

Fathers and non-birthing parents have the same entitlements as birthing parents under the FMLA and PLAWA:

  • FMLA bonding leave: The FMLA applies equally to all parents, including fathers, same-sex parents, and adoptive or foster parents. Eligible employees may take up to 12 weeks of unpaid, job-protected FMLA leave to bond with a newly born, adopted, or foster-placed child within the first 12 months of the child’s birth or placement.
  • PLAWA leave: The 40-hour annual paid leave entitlement under PLAWA applies to all employees regardless of parental status and may be used for any reason, including paternity-related purposes.
  • Adoption and foster placement: FMLA bonding leave covers adoption and foster care placement on the same terms as birth. The Family Bereavement Leave Act (820 ILCS 154) covers unpaid leave for pregnancy or adoption loss for FMLA-eligible employees.

Illinois does not have a state-mandated paid paternity leave program separate from FMLA. Bill tracking for pending PFML legislation (which, if enacted, would cover bonding leave for all parents) is available at https://www.ilga.gov. Source: U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla; IDOL Leave Rights Division — https://labor.illinois.gov/laws-rules/leave_rights_division.html

Federal FMLA in Illinois

The Family and Medical Leave Act (FMLA) is the primary federal protection for family and medical leave for Illinois workers. Because Illinois does not have a state PFML program, the FMLA serves as the dominant framework for leave beyond the PLAWA’s 40-hour annual paid leave entitlement.

FMLA Coverage and Eligibility

Covered employers: Private employers with 50 or more employees within a 75-mile radius; all public agencies (regardless of size); all public and private elementary and secondary schools (regardless of size).

Eligible employees: An employee is eligible for Illinois FMLA protections when the following conditions are met:

  1. The employee has been employed by a covered employer for at least 12 months (not necessarily consecutive).
  2. The employee has worked at least 1,250 hours during the 12-month period immediately preceding the leave.
  3. The employee works at a location where the employer has at least 50 employees within a 75-mile radius.

Leave entitlement: Up to 12 workweeks of unpaid, job-protected leave in a 12-month period for most qualifying reasons. Up to 26 workweeks in a single 12-month period for military caregiver leave.

Job protection and benefits continuation: Upon return from FMLA leave, the employee is entitled to restoration to the same or an equivalent position. During FMLA leave, the employer must maintain the employee’s group health insurance coverage under the same terms as if the employee had continued working.

Source: U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla

Qualifying Reasons Under FMLA

FMLA leave in Illinois may be taken for the following reasons:

  1. Birth and bonding: The birth of a child and caring for the newborn child within the first 12 months after birth.
  2. Adoption or foster care placement: The placement of a child for adoption or foster care and caring for the newly placed child within the first 12 months after placement.
  3. Employee’s serious health condition: A serious health condition that makes the employee unable to perform the essential functions of the job. This includes pregnancy-related incapacity, prenatal care, and recovery from childbirth.
  4. Care for a family member: To care for the employee’s spouse, child, or parent who has a serious health condition. (Note: FMLA does not cover in-laws, siblings, grandparents, or domestic partners for this purpose unless the employer voluntarily extends coverage — a narrower definition than many state PFML programs.)
  5. Qualifying military exigency: Arising out of the fact that the employee’s spouse, child, or parent is a covered military member on active duty or called to active duty in a foreign country.
  6. Military caregiver leave: To care for a covered servicemember or veteran with a serious injury or illness (26 weeks maximum in a single 12-month period).

Source: U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla; 29 CFR Part 825

Is FMLA Paid or Unpaid in Illinois?

FMLA leave is unpaid. The FMLA guarantees job protection and health insurance continuation but does not require employers to pay wages during leave. Illinois does not have a state PFML program that would provide concurrent wage replacement for FMLA-qualifying events.

However, FMLA leave in Illinois may be partially offset by paid leave in two ways:

  • Employer-required substitution: Employers may require employees to use accrued paid leave (vacation, PTO, sick leave) concurrently with FMLA leave.
  • Employee-elected substitution: Employees may elect to use accrued paid leave concurrently with FMLA leave, including up to 40 hours of PLAWA leave per year.

PLAWA specifically states that employees may choose to use PLAWA paid leave before using any other type of employer-provided leave; employers cannot require employees to exhaust other leave types before using PLAWA leave. Source: 820 ILCS 192/10; U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla

Does FMLA Apply to Small Businesses in Illinois?

FMLA applies to private employers with 50 or more employees within a 75-mile radius. Private employers with fewer than 50 employees are not covered by the federal FMLA. Illinois does not have a state family leave law with a lower employer size threshold for unpaid family leave, nor a state PFML program (as of March 2026). Employees of small Illinois employers (under 50 employees) do not have a state or federal entitlement to unpaid job-protected family or medical leave beyond PLAWA’s 40-hour annual paid leave.

Important size thresholds for reference:

  • FMLA: 50+ employees within a 75-mile radius (private sector)
  • PLAWA: All employers (no minimum size)
  • Chicago Ordinance: Employers with any covered employee in Chicago
  • Cook County Ordinance: Employers with any covered employee in Cook County
  • VESSA (domestic violence leave): All employers

Source: U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla; 820 ILCS 192

FMLA Notice and Certification Requirements

Employees must provide at least 30 days’ advance notice when FMLA leave is foreseeable (e.g., a planned surgery or an expected birth). When the need for leave is not foreseeable, notice must be given as soon as practicable. Employers may require certification from a healthcare provider to support a request for FMLA leave related to a serious health condition. The U.S. DOL provides standard certification forms (WH-380-E, WH-380-F, WH-381, WH-382, WH-384, WH-385). Employers must notify employees of their eligibility and rights within five business days of receiving a leave request. Source: 29 CFR Part 825; U.S. DOL FMLA forms — https://www.dol.gov/agencies/whd/fmla/forms

How Concurrent Leave Works in Illinois

Because Illinois does not have a state PFML program that runs parallel to FMLA, leave concurrency in Illinois involves FMLA and employer-provided paid leave only:

  • FMLA leave and employer-provided paid leave (including PLAWA leave) may run concurrently if the employer requires or the employee elects substitution of paid leave.
  • PLAWA leave provides up to 40 hours of paid leave per year for any reason, which may be used during an FMLA leave period to offset lost wages.
  • The 40-hour PLAWA annual entitlement is substantially less than a full 12-week FMLA period. An FMLA leave of 12 weeks (480 hours for a full-time employee) will largely remain unpaid beyond the 40 PLAWA hours and any other accrued paid leave the employee has available.
  • VESSA leave (up to 12 weeks unpaid for eligible domestic violence situations) may also run concurrently with FMLA leave for qualifying circumstances.

Source: 820 ILCS 192; U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla; IDOL Leave Rights — https://labor.illinois.gov/laws-rules/leave_rights_division.html

FMLA and the Illinois Human Rights Act

The Illinois Human Rights Act (775 ILCS 5) prohibits employment discrimination based on sex, pregnancy, and conditions related to childbirth. Under the Act, employers must provide reasonable accommodations for pregnancy-related conditions. While the Human Rights Act does not create a separate paid leave entitlement, it operates alongside FMLA and PLAWA protections to prohibit adverse employment actions related to pregnancy and family status. The Illinois Department of Human Rights (IDHR) enforces the Act. Source: https://dhr.illinois.gov

Other Protected Leave Categories in Illinois

Bereavement Leave

Illinois does not mandate paid bereavement leave. The Family Bereavement Leave Act (820 ILCS 154, effective January 1, 2023) entitles eligible employees (those who qualify for FMLA — i.e., working for an employer with 50+ full-time employees in Illinois) to up to two weeks (10 workdays) of unpaid, job-protected leave following the death of a covered family member, a pregnancy loss, a failed adoption match, a failed surrogacy, a diagnosis rendering pregnancy impossible, or a stillbirth. Employees may take up to six weeks in the event of more than one covered bereavement event in a 12-month period. The Child Extended Bereavement Leave Act (820 ILCS 156, effective January 1, 2024) extends an additional period of unpaid bereavement leave for employees who lose a child to suicide or homicide. Source: https://labor.illinois.gov/laws-rules/leave_rights_division/family-bereavement-leave-act.html; https://labor.illinois.gov/laws-rules/leave_rights_division/child-extended-bereavement-and-leave-act.html

Jury Duty Leave

Illinois prohibits employers from penalizing, threatening, or otherwise retaliating against an employee for serving on jury duty (705 ILCS 310/10.1). State law does not require paid jury duty leave, though many employers provide it voluntarily.

Voting Leave

Illinois requires employers to provide employees up to two hours of paid leave to vote in any election when the employee’s working hours begin less than two hours after polls open and end less than two hours before polls close (10 ILCS 5/17-15). The employer may designate when during the workday the voting leave is taken.

Domestic Violence / Crime Victim Leave — VESSA

The Victims’ Economic Security and Safety Act (VESSA, 820 ILCS 180) provides unpaid, job-protected leave to all Illinois employees (no employer size minimum) who are victims of domestic violence, sexual violence, gender violence, or any other crime of violence, or whose family or household members are victims. The amount of leave depends on employer size: up to 4 workweeks (employers with 1–14 employees), up to 8 workweeks (15–49 employees), or up to 12 workweeks (50+ employees) per 12-month period. Amendments effective January 1, 2024, also permit up to 2 workweeks of unpaid leave to attend the funeral of, make arrangements for, or grieve a family/household member killed in a crime of violence. VESSA is enforced by IDOL’s Conciliation and Mediation Division. Source: https://labor.illinois.gov/laws-rules/leave_rights_division/vessa.html

Military Leave

The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) provides job protection for employees called to military service. Illinois also has the Illinois Service Member Employment and Reemployment Rights Act (ISERRA, 330 ILCS 61) which mirrors and expands USERRA protections for Illinois service members. Source: https://labor.illinois.gov/laws-rules/fls/service-member-employment-and-reemployment-rights.html

Employee Sick Leave Act

The Illinois Employee Sick Leave Act (820 ILCS 191, effective January 1, 2017) requires employers that provide paid sick leave to employees to allow those employees to use up to half of their accrued annual sick leave entitlement to care for a spouse, child, stepchild, parent, mother-in-law, father-in-law, grandchild, sibling, or grandparent. This act does not create a new leave entitlement; it ensures that where an employer provides paid sick leave, family care use is permitted. Source: https://labor.illinois.gov/laws-rules/leave_rights_division/employee-sick-leave-act.html

2025–2026 Updates & Recent Legislative Changes in Illinois

What Changed in Illinois Paid Leave Laws in 2024–2026?

January 1, 2024 — Paid Leave for All Workers Act (PLAWA) Effective: The PLAWA (Public Act 102-1143, SB 208, 820 ILCS 192), signed by Governor JB Pritzker in March 2023, took effect on January 1, 2024. This was the most significant change to Illinois paid leave law in the state’s history, establishing a “leave for any reason” entitlement for virtually all Illinois private-sector workers. Source: https://labor.illinois.gov/laws-rules/paidleave.html

April 30, 2024 — Final PLAWA Administrative Rules Effective: IDOL published final regulations interpreting PLAWA (Administrative Code, 56 Ill. Code 200), effective April 30, 2024. The final rules clarified minute-by-minute accrual calculation, pre-existing policy compliance standards, and frontloading requirements. Source: IDOL Administrative Code — https://ilga.gov/agencies/JCAR/Sections?PartID=05600200&TitleDescription=TITLE%2056:%20%20LABOR%20AND%20EMPLOYMENT

July 1, 2024 — Chicago Paid Leave Ordinance Effective: The City of Chicago’s Paid Leave and Paid Sick and Safe Leave Ordinance took effect on July 1, 2024, requiring covered employers to provide up to 40 hours of paid leave (any reason) and up to 40 hours of paid sick and safe leave per 12-month period (80 hours combined). Source: City of Chicago Office of Labor Standards — https://www.chicago.gov/city/en/depts/bacp/supp_info/office-of-labor-standards.html

January 1, 2024 — Family Bereavement Leave Act and VESSA Amendments: Amendments to VESSA (HB2493, effective January 1, 2024) expanded bereavement leave rights for employees whose family or household members are killed in a crime of violence. The Child Extended Bereavement Leave Act (SB2034, effective January 1, 2024) created a new unpaid leave category for parents who lose a child to suicide or homicide. Source: IDOL Leave Rights Division — https://labor.illinois.gov/laws-rules/leave_rights_division.html

August 2025 — Workers’ Rights and Worker Safety Act (SB 1976): Signed in August 2025, SB 1976 provides that if federal OSHA, FLSA, or Coal Mine Health and Safety Act standards are revoked or weakened by the U.S. Secretary of Labor, IDOL will adopt the prior federal standard as an Illinois statewide standard. This preserves existing workplace protections independently of federal action. Source: https://www.klgates.com/Illinois-Employment-Law-Update-for-2026-1-5-2026 (K&L Gates summary; underlying public act — verify at https://www.ilga.gov)

Pending Legislation

HB3483 / SB2413 — Paid Family and Medical Leave Insurance Program Act (104th General Assembly): Both bills, introduced in the 104th General Assembly (2025–2026 session), would create the Paid Family and Medical Leave Insurance Program within IDOL and establish a state-administered insurance fund providing up to 12 weeks of benefits per 24-month period to eligible employees for family and medical leave reasons, including bonding, serious health conditions, and military exigency. Neither bill had been enacted as of March 2026. Legislative status is subject to change. Current bill tracking is available through the Illinois General Assembly website: https://www.ilga.gov.

How to File a Paid Leave Complaint in Illinois

Filing a PLAWA Paid Leave Complaint

Employees who believe their employer has violated the Paid Leave for All Workers Act may file a complaint with IDOL within three years of the alleged violation. Complaints are filed through IDOL’s online complaint portal:

PLAWA does not provide a private right of action; all enforcement is through IDOL. Remedies include compensatory damages, a $500–$1,000 penalty payable to the employee, a civil penalty of up to $2,500 per violation, and attorneys’ fees. Source: 820 ILCS 192; https://labor.illinois.gov/file-a-workplace-complaint.html

Chicago employees direct complaints regarding the Chicago Paid Leave Ordinance to the City of Chicago Office of Labor Standards: https://www.chicago.gov/city/en/depts/bacp/supp_info/office-of-labor-standards.html

Cook County employees (outside Chicago) direct complaints to the Cook County Commission on Human Rights: https://www.cookcountyil.gov/agency/commission-human-rights

Filing an FMLA Complaint in Illinois

FMLA complaints are filed with the U.S. Department of Labor Wage and Hour Division (WHD):

Employees alleging retaliation for FMLA leave activity may also file a complaint under FMLA’s anti-retaliation provisions through the WHD. Source: https://www.dol.gov/agencies/whd/fmla

Filing a VESSA Complaint in Illinois

Complaints under VESSA are filed with IDOL’s Conciliation and Mediation Division within three years of the alleged violation:

Source: IDOL VESSA page — https://labor.illinois.gov/laws-rules/leave_rights_division/vessa.html

Interstate Considerations for Remote Workers in Illinois

Paid leave laws in Illinois — including PLAWA — generally apply based on where the employee performs work, not where the employer is headquartered. An employee physically working in Illinois for an out-of-state employer is covered by PLAWA if the employer meets the coverage criteria. An employee of an Illinois-based employer who performs work in another state is subject to that other state’s paid leave laws (if any), not PLAWA, for those hours worked outside Illinois.

Illinois employers with employees in multiple states should assess each state’s paid leave requirements independently. Illinois’s PLAWA “any reason” framework is more expansive than traditional sick-leave-only statutes; employers with multi-state operations may need to maintain separate accrual systems for Illinois workers versus workers in states with more restrictive leave laws.

For detailed guidance on remote work and multi-state compliance applicable to Illinois workers and Illinois-based employers, see RemoteLaws.com’s Illinois Remote Work Laws page: /remote-work-laws/u-s-states/illinois/

Frequently Asked Questions — Illinois Paid Leave

How does FMLA work in Illinois?

The federal FMLA provides eligible Illinois employees up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons, including the birth or placement of a child, a serious health condition of the employee, or care for an immediate family member with a serious health condition. Eligible employees must have worked for a covered employer (50+ employees within 75 miles) for at least 12 months and at least 1,250 hours in the preceding year. Source: https://www.dol.gov/agencies/whd/fmla

How long is maternity leave in Illinois?

FMLA-eligible employees are entitled to up to 12 workweeks of unpaid, job-protected leave for the birth of a child and bonding. Illinois does not have a state paid maternity leave program. Workers may use up to 40 hours of accrued PLAWA paid leave (plus any employer-provided paid benefits) to offset unpaid FMLA time. Source: https://www.dol.gov/agencies/whd/fmla; https://labor.illinois.gov/laws-rules/paidleave.html

Is maternity leave paid or unpaid in Illinois?

FMLA leave is unpaid. Illinois does not have a state paid family leave program that would provide wage replacement during maternity leave. Up to 40 hours of PLAWA paid leave may run concurrently with FMLA, providing partial wage replacement during that window. Source: 820 ILCS 192; https://www.dol.gov/agencies/whd/fmla

Who is eligible for FMLA in Illinois?

Eligible employees are those who have worked for a covered employer (private employer with 50+ employees within 75 miles, or any public agency) for at least 12 months and at least 1,250 hours in the preceding 12-month period. Source: 29 CFR Part 825; https://www.dol.gov/agencies/whd/fmla

Is FMLA leave paid in Illinois?

FMLA leave is unpaid. Illinois law allows up to 40 hours of PLAWA paid leave per year to be used concurrently. Illinois does not have a state PFML wage-replacement program. Source: https://www.dol.gov/agencies/whd/fmla; 820 ILCS 192

Does Illinois have paid sick leave?

Illinois does not have a traditional “paid sick leave” law. Instead, the Paid Leave for All Workers Act (PLAWA, 820 ILCS 192, effective January 1, 2024) requires employers to provide up to 40 hours of paid leave per year usable for any reason, including illness. Chicago and Cook County have separate local ordinances with additional requirements. Source: https://labor.illinois.gov/laws-rules/paidleave.html

Does Illinois have paid family leave?

Illinois does not have a state paid family and medical leave program. Workers requiring family leave rely on the federal FMLA (unpaid) and any employer-provided paid benefits. Pending legislation (HB3483/SB2413) would create a state PFML program, but as of March 2026 neither bill has been enacted. Source: https://www.ilga.gov

How many paid leave hours are required in Illinois?

PLAWA requires a minimum of 40 hours of paid leave per 12-month period for covered employees, accruing at 1 hour per 40 hours worked. Chicago’s ordinance requires up to 40 hours of paid leave plus up to 40 hours of paid sick and safe leave (80 hours combined). Cook County’s ordinance requires up to 40 hours of paid leave per year. Source: https://labor.illinois.gov/laws-rules/paidleave.html

Does FMLA apply to small businesses in Illinois?

FMLA applies only to private employers with 50 or more employees within a 75-mile radius. Employers with fewer than 50 employees are not covered by FMLA. Illinois has no state family leave law with a lower employer-size threshold for unpaid family or medical leave. However, PLAWA’s 40-hour paid leave requirement applies to all employers regardless of size. Source: https://www.dol.gov/agencies/whd/fmla; 820 ILCS 192

How long is paternity leave in Illinois?

FMLA-eligible fathers and non-birthing parents are entitled to up to 12 workweeks of unpaid, job-protected FMLA leave to bond with a newly born, adopted, or foster-placed child. Illinois does not have a state-mandated paid paternity leave program. Up to 40 hours of PLAWA paid leave may be used concurrently. Source: https://www.dol.gov/agencies/whd/fmla

Can an employer deny PLAWA paid leave in Illinois?

Employers may deny leave for documented operational necessity under a reasonable, consistently applied policy, but may not require employees to disclose the reason for their leave request. Employers may not deny leave for discriminatory or retaliatory reasons. Source: 820 ILCS 192; https://labor.illinois.gov/faqs/paidleavefaq.html

Is paid leave available to part-time employees in Illinois?

Yes. PLAWA applies to both full-time and part-time employees. Part-time employees accrue leave at the same rate (1 hour per 40 hours worked) but will generally accrue less leave total given fewer hours worked. Source: https://labor.illinois.gov/faqs/paidleavefaq.html

Can Illinois paid leave be used to care for a family member?

Yes. Because PLAWA leave may be used for any reason without specifying a purpose, employees may use accrued leave to care for a sick family member. The Illinois Employee Sick Leave Act (820 ILCS 191) also separately requires employers that provide paid sick leave to extend family care use rights. Source: 820 ILCS 192; https://labor.illinois.gov/laws-rules/leave_rights_division/employee-sick-leave-act.html

What happens to unused Illinois paid leave if an employee leaves a job?

PLAWA does not require payout of unused accrued paid leave upon separation. An exception applies if the employer previously credited PLAWA leave as vacation or PTO — in that case, the Illinois Wage Payment and Collection Act (820 ILCS 115) requires payout of earned but unused vacation upon termination. Chicago’s ordinance requires payout of unused paid leave (not sick leave) for employers with 51+ covered employees. Source: 820 ILCS 192; 820 ILCS 115; https://labor.illinois.gov/faqs/paidleavefaq.html

Is there a waiting period before using paid leave in Illinois?

Yes. Employees must wait 90 days after the start of employment (or 90 days after January 1, 2024 for those already employed at the law’s effective date) before using accrued PLAWA leave. Accrual begins on the first day of employment; only the use is deferred. Source: 820 ILCS 192; https://labor.illinois.gov/faqs/paidleavefaq.html

Does Illinois have any paid family leave requirements for employers?

Illinois does not have a state paid family leave program requiring employer contributions or providing wage replacement for family or medical leave. PLAWA’s 40-hour “any reason” paid leave entitlement is the sole state-mandated paid leave benefit. Source: https://labor.illinois.gov/laws-rules/paidleave.html

What options exist for paid maternity leave in Illinois?

Options include: (a) up to 40 hours of PLAWA paid leave per year; (b) employer-provided short-term disability insurance, which may cover pregnancy-related disability; (c) employer-provided voluntary paid parental leave programs; and (d) accrued PTO or vacation under the employer’s policies. No state program provides wage replacement for the full duration of FMLA maternity leave.

Can an employer require an employee to use other paid leave before Illinois PLAWA leave?

No. PLAWA specifically provides that employees may choose to use PLAWA paid leave before using any other leave provided by the employer or state law. Employers cannot require employees to exhaust other paid leave (vacation, PTO, sick leave) before accessing PLAWA leave. Source: 820 ILCS 192/10; https://labor.illinois.gov/faqs/paidleavefaq.html

Sources & Verification Log

Section Source URL Date Verified
PLAWA — All provisions Illinois Department of Labor (IDOL) https://labor.illinois.gov/laws-rules/paidleave.html March 2026
PLAWA FAQ Illinois Department of Labor (IDOL) https://labor.illinois.gov/faqs/paidleavefaq.html March 2026
PLAWA Statute Text Illinois General Assembly https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=4351&ChapterID=68 March 2026
PLAWA Administrative Rules Illinois General Assembly / JCAR https://ilga.gov/agencies/JCAR/Sections March 2026
FMLA U.S. Department of Labor WHD https://www.dol.gov/agencies/whd/fmla March 2026
FMLA Complaint U.S. DOL WHD https://www.dol.gov/agencies/whd/contact/complaints March 2026
VESSA IDOL Conciliation and Mediation Division https://labor.illinois.gov/laws-rules/leave_rights_division/vessa.html March 2026
Family Bereavement Leave Act IDOL Leave Rights Division https://labor.illinois.gov/laws-rules/leave_rights_division/family-bereavement-leave-act.html March 2026
Child Extended Bereavement Leave Act IDOL Leave Rights Division https://labor.illinois.gov/laws-rules/leave_rights_division/child-extended-bereavement-and-leave-act.html March 2026
Employee Sick Leave Act IDOL Leave Rights Division https://labor.illinois.gov/laws-rules/leave_rights_division/employee-sick-leave-act.html March 2026
Chicago Paid Leave Ordinance City of Chicago Office of Labor Standards https://www.chicago.gov/city/en/depts/bacp/supp_info/office-of-labor-standards.html March 2026
Cook County Paid Leave Ordinance Cook County Commission on Human Rights https://www.cookcountyil.gov/agency/commission-human-rights March 2026
HB3483 / SB2413 (Pending PFML) Illinois General Assembly https://www.ilga.gov March 2026
IDOL PLAWA Poster Illinois Department of Labor https://labor.illinois.gov/employers/posters.html March 2026
Wage Payment and Collection Act Illinois General Assembly https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2971&ChapterID=68 March 2026

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This page compiles information from official government sources for general reference purposes. It does not constitute legal advice. Employment law is subject to legislative changes and judicial interpretation. For specific compliance questions, consultation with a licensed attorney in Illinois is recommended. Last updated: March 2026.