In a major victory for workers in Illinois, the state has enacted a new law requiring employers to provide paid time off to their employees. This law ensures that workers can take time off for personal or family reasons without having to sacrifice their paychecks. Here’s what you need to know about this significant development.
Overview of the Illinois law on paid time off
Under the new law, Illinois employers must allow employees to accrue up to five days of paid time off after they have worked for 90 days. This means that after an employee has completed 90 days of employment, they will start accruing paid time off at a rate of one hour for every 40 hours worked. This paid time off can be taken for any reason, including personal health or family illnesses, and can be used at the employee’s discretion.
There is no exception based on employer size
Unlike federal laws, there is no exception for small employers. This means that the law applies to all employers in Illinois, regardless of their size. In other words, whether you work for a small business or a large corporation, you are entitled to paid time off under this new law.
Coverage of exempt employees
One notable feature of this new law is that it covers exempt employees, who are often not covered by wage and hour laws. Exempt employees are typically salaried employees who are exempt from overtime pay requirements. However, this law ensures that even exempt employees are entitled to paid time off.
“Leave for any reason” requirement
Illinois joins Maine and Nevada as one of only three states that will require employers to allow leave “for any reason.” This means that employees do not have to provide a reason for taking time off, and employers cannot demand that they do so.
Inclusion of Domestic Workers
This new law also extends to domestic workers, which is a major step forward for workers in the state. Domestic workers, who are often undervalued and underpaid, are now entitled to the same protections as other workers in Illinois.
Grandfathering for Employers Already Covered Under Cook County or Chicago Ordinances
Employers who are already covered under the Cook County Sick Leave or Chicago Sick Leave Ordinances, which have been in place since 2017, are grandfathered for compliance purposes. However, these employers still have to ensure that they are meeting the minimum requirements set out in the new law.
No requirement for specific documentation or inquiry
Employers may not require their employees to submit specific documents prior to taking such leave, nor may employers inquire about why the employee is taking time off. This provision ensures that employees can take time off without fear of retaliation from their employers.
Anti-Retaliation provision
This new law also has an anti-retaliation provision. This means that employers cannot retaliate against employees who take time off under this law. Employers who retaliate against employees may be subject to penalties and fines.
Record-keeping requirements
Illinois employers must also ensure that all employees’ leave is properly accrued and tracked, and they should retain those records for at least three years. This ensures that employers are meeting the minimum requirements set out in the law and can help prevent disputes over leave entitlement.
This new law is a major victory for workers in Illinois. It ensures that workers can take time off for personal or family reasons without having to sacrifice their paychecks. By extending these protections to all workers, regardless of their employer’s size or job title, Illinois is leading the way in protecting workers’ rights. Employers who are not currently in compliance with the law should take steps to ensure that they meet the minimum requirements set out in the law.