Illinois Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of Illinois.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

Does Illinois Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?

Yes, Illinois has paid sick leave laws in effect. Under the Paid Leave for All Workers Act, all employers in the state are required to allow employees to earn up to 5 paid sick leave days per year. The law went into effect on January 1, 2024. Workers can use the accrued time for any reason.

The accrual requirement allows workers to earn 1 hour of paid leave for every 40 hours worked. However, exceptions may apply based on specific worker categories and/or existing workplace policies.

Additionally, Chicago and Cook County have specific rules in place for employers operating in these areas.

Are There Requirements to be Eligible for Paid Sick Leave in Illinois?

Most employers in Illinois must provide paid sick leave, including those in the private sector, public agencies, and unions. However, collective bargaining agreements can set different terms.

Full- and part-time employees are eligible, but the accrual rate means that those working fewer hours will accrue paid sick leave more slowly than full-time workers.

Is There a Minimum Amount of Paid Sick Time Required in Illinois?

State law does not mandate a specific minimum amount of sick leave that employers must provide. The required maximum is 40 hours, or 5 days, per year.

What Can PSL be Used for in Illinois?

Employees in Illinois may use paid sick leave to address their own illness, injury, or other health issues, or to care for sick or injured family members. Under the legislation, family members are broadly defined, including spouses, parents, children, and others.

Is Paid Sick Leave Required to be Carried Over Each Year in Illinois?

No state law mandates that paid sick leave must be carried over from year to year.

However, legislation enacted in Chicago and Cook County requires that certain employees are permitted to carry over up to 20 hours of unused paid sick leave to the next year.

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in Illinois?

Yes, paid sick leave differs from paid time off (PTO). Paid sick leave is required for employers to provide in most cases. PTO is an optional benefit that an employer can choose to provide.

Additionally, PTO can typically be used for any purpose, as long as the time off is approved by an employee’s supervisor. Paid sick leave must be used to address an employee’s own health needs or the health needs of a family member.

Common Illinois Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in Illinois?

You are entitled to 1 hour of paid sick leave for every 40 hours worked, up to 5 days in a calendar year.

Does paid sick leave apply to all employees who work in Illinois?

Generally, yes, although collective bargaining agreements may establish different terms. Independent contractors are not considered employees and are also exempt.

Which employees are exempt or partially exempt from the paid sick leave law in Illinois?

Under state law, most employees are required to receive paid sick leave. Those who may be exempt include independent contractors, unionized workers (covered under a collective bargaining agreement that sets different terms), seasonal or temporary workers, and certain classes of public employees.

Under the laws in Chicago and Cook County, employees of very small employers may be exempt.

Do I have to notify my employer before taking sick leave in Illinois?

The requirement to notify an employer before taking sick leave is based on company policy.

Can I be disciplined for taking a sick day or using paid sick leave in Illinois?

State, county, and city laws prohibit employers from retaliating against employees who use their paid sick leave. However, employees must comply with company policy around notifying their employer and providing any required documentation to maintain protection. Employees who misuse their paid sick leave or violate company policies may be subject to disciplinary action.

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Illinois Department of Labor

Illinois Paid Leave for All Workers Act