IL Gov. Pritzker Signs Paid Time Off For All Workers Act Into Law

ILLINOIS — Illinois became just the third state in the country to have mandatory paid time off for workers after Gov. J.B. Pritzker signed the Paid Leave For All Workers Act into law on Monday in a move the governor said alleviates the burdens of working families across the state.

The law stipulates that workers across the state will accrue one hour of paid leave for every 40 hours, or five days, they work up to 40 hours total. The law allows workers to start using the time off after they have worked for 90 days.

Once signed, the law will go into effect on Jan. 1, 2024, and according to the governor's office, will affect about 1.5 million working residents.

"Employers benefit from allowing employees to tend to the urgent personal matters of their lives," Pritzker said on Monday. "Workers' productivity increases and they often gain greater passion for their job when they can manage the stresses they face outside work. I'm exceptionally proud that labor and business came together to recognize the value of this requirement to employees and employers alike."

Under the law, employers from around Illinois would be mandated to give workers time off for any reason, not strictly for health-related reasons. The law, which was introduced as House Bill 0208, reads that it is in the best interest of workers for all Illinoisans to have some paid time off to maintain their health and well-being, care for their families, or use for any other reason for their choosing.

Under existing law, workers are not guaranteed pay when taking time off for sick leave, childcare, mental health reasons, medical appointments, vacation, or any other reason, the governor's office said. Starting on March 31st, 2024 — or 90 days following the start of their employment —workers can begin using their earned time off for any reason without the requirement of providing documentation to their employer under the Paid Leave for Workers Act.

This new law applies to every employee working for an employer in Illinois, including domestic workers, but does exclude independent contractors, Prizker's office said. The City of Chicago and Cook County have an existing paid sick leave ordinance in place; employees and employers in those two geographic regions will be subject to those ordinances.

The law will also exempt employees covered by a collective bargaining agreement in the construction industry and parcel delivery industry.

"For too long we have refused to accept this inevitability and penalized workers for dealing with family emergencies, broken down cars, or any of the other life complications we all face," Pritzker said in a statement issued in January. "Working families face enough challenges without the concern of losing a day's pay when life gets in the way.”

Only Maine and Nevada currently have similar laws on the books. Fourteen other states and the District of Columbia require employers to give their workers paid sick time, but those days off must be used for health-related issues. Under the Illinois law, workers here won’t have to provide an explanation for why they are taking time off as long as they provide ample notice based on their employers’ guidelines.

The Illinois law will be enforced for all employers regardless of the size of the company. In Maine, the law is in effect for companies with more than 10 employees while the Nevada law applies to companies with more than 50 workers.

Under the Illinois law, employers will be mandated to provide their workers with up to 40 hours of paid time off although it is up to companies if they wish to grant more time off.

"The guarantee of paid leave for all is about making workplaces fairer, and also about making families stronger," House Speaker Emanuel "Chris" Welch said in a statement issued on Monday. "Being able to care for a sick child, meet basic life needs, or taking time to tend to your own mental health shouldn't be luxuries, but basic rights. Ensuring every worker has access to basic paid leave ensures that no one will ever have to choose between being there for their family or providing for their family."