On April 30th, the Illinois Department of Labor introduced comprehensive regulations under the Paid Leave for All Workers Act (820 ILCS 192), effective from January 1, 2024. Here’s what employers need to know:
Scope and Definitions
The Act mandates that employees accrue paid leave at a rate of one hour for every 40 hours worked, up to a minimum of 40 hours annually. Employers can either allow leave to accrue over time or frontload the minimum hours at the start of the year.
General Provisions
Eligibility: All employees, including part-time, seasonal, and temporary workers, are covered. Domestic workers are also included.
Usage: Employees can use accrued leave for any purpose, with no need to specify the reason or provide documentation.
Notification: Employers must inform employees of their rights under the Act through written policies and conspicuous workplace postings.
Employer Responsibilities
Accrual and Frontloading: Employers can choose between accrual and frontloading methods. Accrued leave carries over to the next year if unused, but frontloaded leave does not.
Notice and Documentation: Employers must keep detailed records of leave accrued and used, and must provide this information to employees upon request.
Retaliation: It is unlawful for employers to retaliate against employees for using their paid leave.
Special Provisions
Domestic Workers: Domestic workers accrue leave from each employer they work for and can provide a signed statement to demonstrate their eligibility.
Collective Bargaining Agreements: Existing agreements in place before January 1, 2024, are not affected, but new agreements must explicitly waive the Act’s requirements if desired.
Enforcement
The Illinois Department of Labor will enforce these provisions, with penalties for non-compliance, including fines and compensatory damages for affected employees.
Implementation Tips for Employers
Review and Update Policies: Ensure your leave policies comply with the new regulations.
Educate Your Workforce: Clearly communicate the new leave policies to all employees.
Maintain Accurate Records: Keep meticulous records of leave accrual and usage.
Avoid Retaliation: Ensure that no adverse actions are taken against employees for exercising their leave rights.
For detailed guidance, employers should refer to the full text of the Act and the accompanying administrative rules. Adhering to these regulations will not only ensure compliance but also support the well-being and productivity of your workforce.
