Work · Paid sick leave
Paid Sick Leave Law in Illinois
Whether an employer in Illinois must provide paid sick leave, how much you accrue, who is covered, and whether a city ordinance fills the gap where the state has no mandate. Cited to the statute.
What the paid sick leave law requires in Illinois
Who must provide it, how leave accrues and caps, and the workers the rule does not reach.
Paid-leave law changes quickly, with new state amendments and local ordinances arriving regularly. The Illinois Act is recent, and the Chicago and Cook County ordinances are updated periodically. Confirm the current state minimum and any local rule before relying on a figure.
| What the law requires | What it means |
|---|---|
| Who must provide it | Under the Paid Leave for All Workers Act, 820 ILCS 192, effective January 1, 2024, an employee who works in Illinois is entitled to paid leave. The Act reaches most private employers of any size, so there is no general small-business exemption from the requirement. |
| Accrual rate and yearly amount | Paid leave accrues at one hour for every 40 hours worked, up to a minimum of 40 hours in a 12-month period. An employer may instead frontload the full 40 hours at the start of the period. An employee can begin using earned leave after 90 days. |
| Usable for any reason | Illinois goes further than a typical sick-only law. The 40 hours may be used for any purpose, and the employer may not require the employee to explain the reason or provide documentation. Sickness is covered, but so is any other need the employee has. |
| Where it does not apply | What it means |
|---|---|
| Chicago and Cook County are carved out | Employees covered by the Chicago or Cook County paid-leave ordinances follow those local laws instead of the state Act. Those ordinances have their own, often broader terms, so a worker in the city or county looks to the local rule. |
| A collective bargaining agreement can supersede | The Act does not apply where a valid collective bargaining agreement is in effect, and a later agreement may waive the Act if the waiver is explicit. Certain federal railroad and airline employees and some short-term college workers are also outside the Act. |
| An existing PTO policy can satisfy the law | An employer that already offers paid time off of at least 40 hours a year, usable for any reason on terms at least as generous as the Act, does not need to create a separate bank. The existing policy has to meet the accrual, carryover, and any-reason standards. |
What you can do right now
Concrete, neutral steps around sick leave in Illinois. This is legal information, not legal advice.
- Confirm you are under the state Act
If you work in Chicago or Cook County, a local ordinance likely governs instead of the state Act. Elsewhere in Illinois, the Paid Leave for All Workers Act applies, so check where the work is performed first.
- Track your accrual
Leave accrues at one hour for every 40 hours worked, up to 40 hours a year, unless the employer frontloads it. Ask for a record of accrued and used leave if your pay statement does not show it.
- Use it for any reason
You do not have to be sick or explain why. After the 90-day period, you can use earned leave for any purpose with reasonable notice, and the employer may not demand documentation.
- Report a denial to the Illinois Department of Labor
The Illinois Department of Labor enforces the Act. If an employer denies leave, fails to track accrual, or retaliates, you can file a complaint with the Department.
If you were denied leave the law provides, the state labor department takes complaints and can explain the accrual rules and any penalty. Where the state has no mandate, check your city.
→ Illinois Department of Labor · Paid Leave for All Workers ActThis is general legal information, not legal advice. Accrual, caps, and city ordinances turn on employer size and location, so confirm your situation against the statute.
What workers in Illinois get wrong about paid sick leave
Illinois guarantees paid time off that can be used for anything, not just illness. Under the Paid Leave for All Workers Act, 820 ILCS 192, effective January 1, 2024, an employee who works in Illinois earns up to 40 hours of paid leave in a 12-month period. Leave accrues at one hour for every 40 hours worked, or the employer may give the full 40 hours at the start of the period. After a 90-day waiting period, the employee can use the leave for any reason, and the employer may not ask why or require a doctor note. Two large jurisdictions sit outside the state Act. Chicago and Cook County have their own paid-leave ordinances that govern within their borders, and those can require more. So across most of Illinois, paid leave is a legal minimum, and the worker, not the employer, decides what it is for.
Common questions
Does Illinois require paid sick leave?
Yes. The Paid Leave for All Workers Act, effective January 1, 2024, requires most employers to provide up to 40 hours of paid leave a year. Illinois frames it as paid leave usable for any reason, which includes sickness.
How much paid leave do you get in Illinois?
Up to 40 hours in a 12-month period. It accrues at one hour for every 40 hours worked, or the employer may frontload the full 40 hours at the start of the period.
Can Illinois paid leave be used for any reason?
Yes. Unlike a sick-only law, the Illinois Act lets an employee use the 40 hours for any purpose, and the employer may not require a reason or documentation, though it can ask for reasonable notice.
Do Chicago and Cook County have their own rules?
Yes. Employees in Chicago and Cook County are covered by local paid-leave ordinances that apply instead of the state Act and can require more. Check where the work is performed to know which rule governs.
What if my Illinois employer will not give me paid leave?
You can file a complaint with the Illinois Department of Labor, which enforces the Act. Retaliation for requesting or using paid leave is prohibited.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.