Effective January 1, 2024, employees in Illinois will be entitled to begin accruing paid leave that may be used for any reason [S.B. 208, L. 2023]. Employees will accrue one hour of leave per every 40 hours worked. After accruing leave for 90 days – beginning either on January 1, 2024, or the first day of employment (whichever is later) – employees may begin using their accrued time off. Employees can use up to 40 hours of leave in a 12-month period [Office of the Governor, Press Release, 3-13-23].
Employees must be paid their full hourly rate for time off under the new law. Tipped employees must receive at least the minimum wage. Up to 40 hours of accrued but unused time may be carried over to the next year. Employers may elect to frontload time, making at least 40 hours of leave available to employees January 1, 2024, on the first day of employment, or at the beginning of a new year. If an employer frontloads, then it will not be required to carry over unused time to the following year.
Employers will be required to maintain records as well as provide employees with applicable notices.
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Lorelei Abernathy, Esq., is Editor of PayState Update and Editor of Payroll Information Resources for the APA.
