Paid Leave for All Workers Act

 Requires nearly all Illinois employers (with the exception of school districts under the School code or park districts organized under the Park District Code). The Act provides employees up to 40 hours of paid leave per year.  The Act covers all employees except:

 

  • Employees as defined in the federal Railroad Unemployment Insurance Act. 
  • Temporary college or university student-employees. 
  • Short-term employees of an institution of higher learning. 
  • Employees working in the construction industry who are covered by bona-fide bargaining agreement (CBA), 
  • Employee(s) who are covered by a bona fide CBA with an employer that provides services nationally, internationally of delivery pickup, and transportation of parcels, documents, and freight.


This Act went into effective January 1, 2024.

Cook County Paid Leave 

Local to Cook County in Illinois, this ordinance was modeled under the Paid Leave for All Workers Act (see above).   It also provides 40 hours of paid sick leave.  Since this ordinance was effective on December 31, 2023, so the employers that were covered under Cook County and not under PLAWA.

 

Unlike the Paid Leave for All Workers Act, it can apply to employees who are covered by a bona fide  CBA with an employer that provides services nationally and internationally of delivery, pickup and transportation of parcels, documents, and freight.

For more information on the comparisons on this ordinance and the Paid Leave for All Workers Act, you can visit Littler Mendelson, PC.


Chicago Paid Leave and Paid Sick and Safe Leave

The implementation of this ordinance does not go into effect until July 1, 2024, however it is being advised that Chicago employers would benefit from reviewing their sick and time off policies sooner rather than later to ensure compliance come July 2024.

Employees are covered if they work at least 80 hours for an Employer (one who gainfully employees at least one employee) within any 120-day period while physically present within the geographic boundaries in Chicago.

For Paid Leave

Beginning July 1, 2024, employees can begin accruing paid leave at the rate of hour for every 35 hours worked.  However, an employee cannot accrue more than 40 hours in a 12-month period.  Employees can carry over up to 16 hours of unused paid leave from one 12-month period to the next.

For Paid Sick Leave

From now until June 30, 2024, employees can begin accruing paid sick leave at the rate of 1 hour for every 40 hours worked.  Effective July 1, 2024, the accrual rate will be 1 hour for every 35 hours worked.  Like Paid Leave, an employee may not accrue more than 40 hours of paid sick leave in a 12-month period.   

The Chicago Office of Labor Standards addresses both of these leaves in their Frequently Asked Questions with regards to this ordinance.

Amendments to the Illinois Day and Temporary Labor Services Act

This does not apply to our company as we are not a day and temporary labor service agency per (820 ILCS 175/5)

Illinois Freelance Worker Protection Act

Effective July 1, 2024, the Freelance Worker Protection Act (FWPA) requires the following for hiring or retaining a freelance worker:

(1) The agreement for work must be memorialized in a written contract;
 

(2) Payment to a freelance worker is required within 30 days following completion of the services or product; and
 

(3) Companies or contracted entities cannot engage in any discriminatory, retaliatory, or otherwise harassing behavior toward freelance workers.

Source: Littler reported on January 24, 2024. Compliance Calendar has been updated with this information.