Employee ResponsibilitiesĮmployees do not need to give an employer a reason as to why they are taking this leave and should be paid their hourly rate of pay for the leave. This policy should be implemented within 90 days of the effective date of this Act (January 1, 2024) or the commencement of employment, whichever is later. The right to paid leave cannot be waived by the employee unless it is done within the context a collective bargaining agreement, as discussed below. However, if the employer credits the time under the Act to an employee’s paid time off bank or employee vacation account, then any unused paid leave shall be paid to the employee upon the employee’s separation to the same extent as vacation time is required to be paid out under applicable law. That is not the case with this paid leave. This differs from vacation time, in that if an employer provides vacation time, once that employee leaves the employer, they must pay the employee the value of any earned but unused time. If an employee leaves their role the employer is not required to compensate the employee for the value of unused leave time employee must use it or lose it. If paid leave is going to carry over annually, nothing in the Act requires an employer to provide an employee more than 40 hours of paid leave in the 12-month period. In other words, by making the paid leave available at the earliest opportunity, the employer appears to be able to “opt out” of the carryover requirement. The paid leave does carry over from one 12-month period to another unless the employer makes the minimum hours of paid leave (40 hours) available to an employee on the first day of employment or the first day of the 12-month period. However, any municipal or county ordinance passed or amended after the effective date of the Act must provide benefits that are equal to or greater than the benefits under this Act. Critically, if there is a municipal or county ordinance requiring employees to receive any form of paid leave, including sick leave, then this legislation does not apply to this employer. Thus, part-time employees will be able to earn paid leave on a pro-rated basis. Employees will accrue 1 hour for every 40 hours of work. Mechanics of Paid LeaveĮvery employee in Illinois is entitled to earn and use up to 40 hours (5 days) of paid leave during a 12-month period. The Act states that its provisions are to be “liberally construed in favor of providing workers with the greatest amount of paid time off from work and employment security.”Ī copy of the Act can be found here. However, if a municipality has an ordinance or adopts an ordinance before Januproviding any form of paid leave for its employees, then they do not have to comply with the Act (and the ordinance will control). This Act applies to all employers in Illinois, including local governments, except for school districts and park districts. The Act establishes 40 hours (5 days) of minimum paid leave per 12-month period for all workers (full and part time) in Illinois, which employees can take without penalty. Senate Bill 208, which creates the Act, was passed by both houses on Januand the Governor has said he will sign the bill. The Governor is expected to sign and enact the Paid Leave for All Workers Act (the “Act”), which will go into effect January 1, 2024.
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