10 Key Questions About Leave Laws in Illinois

Illinois follows a combination of federal and state leave laws that provide employees with time off for personal, family, medical, and educational needs.

The federal Family and Medical Leave Act (FMLA) offers eligible employees unpaid, job-protected leave for qualifying family and medical reasons, while Illinois’s Paid Leave for All Workers Act (PLAWA) provides paid leave to most employees in the state, which can be used for any reason.

For military service, Illinois follows its own version of the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), called the Illinois Service Member Employment & Reemployment Rights Act (ISERRA). It protects service members’ jobs and benefits while they fulfill military duty orders.

Illinois also adheres to the Employee Sick Leave Act (ESLA), which doesn’t provide sick leave but allows employees to use any existing employer-provided sick time to care for covered family members.

Additionally, important leave laws in Illinois include:

• School Visitation Rights Act: For attending school conferences and activities.
• Child Bereavement Leave Act (CEBLA) and the Family Bereavement Leave Act: For bereavement leave.
• Victims’ Economic Security and Safety Act (VESSA): For crime victims and their family members.

State law also allows employees time off to vote and serve jury duty.

Illinois leave laws provide employees with different types of paid and unpaid leave, including:

• Family and Medical Leave: Under the federal FMLA, eligible employees in Illinois can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specific family and medical reasons. These include caring for an employee’s own or a family member’s serious health condition, or for childbirth, adoption, or foster care placement, and addressing certain military-related needs. Additionally, FMLA offers up to 26 weeks of leave in a 12-month period to care for a covered servicemember’s serious illness or injury.
• Paid Leave: The state’s Paid Leave for All Workers Act (PLAWA) provides most employees in Illinois with up to 40 hours of paid leave per year, earned at a rate of one hour for every 40 hours worked. This leave can be used for any reason after 90 days of employment, and employees are paid their regular wages during this time.
• Bereavement Leave: The Child Extended Bereavement Leave Act (CEBLA) entitles eligible full-time employees in Illinois to up to 6-12 weeks of unpaid, job-protected leave in the event of a child’s death by suicide or homicide. To qualify for CEBLA leave, employees must have worked for at least two weeks for an employer with at least 50 employees within Illinois. This law doesn’t apply to federal government employees and certain state government employees in Illinois. Illinois’ Family Bereavement Leave Act (FBLA) allows up to two weeks of unpaid leave for events such as stillbirth, miscarriage, failed adoption, or the death of a covered family member, within 60 days of the event. If multiple events occur within 12 months, employees can take up to six weeks of FBLA leave. All employers covered under FMLA are required to provide FBLA leave, and employees must have worked at least 1250 hours in the past 12 months for a covered employer to qualify.
• School Conference and Activity Leave: Under Illinois’ School Visitation Rights Act, eligible employees can take up to eight hours of job-protected, unpaid leave per school year to attend their child’s school conferences, behavioral, or academic meetings. An employee cannot use more than four hours of leave on a single day, and their child must attend a school in Illinois or a neighboring state. To qualify, employees must have worked at least six consecutive months at half-time or more, for employers with 50 or more employees in Illinois.
• Sick Leave for Family: Though Illinois’ Employee Sick Leave Act doesn’t require employers to provide sick leave, it ensures that employees can use any available employer-provided sick leave to care for certain family members.
• Military Leave: Illinois follows its version of the federal USERRA 一 called the Illinois Service Member Employment and Reemployment Rights Act (ISERRA). It allows servicemembers to take job-protected leave for military service, without losing their job or benefits. This law applies to all active duty and reserve members of the U.S. Armed Forces, National Guard on State duty, and other service groups when supporting emergencies.
• Family Military Leave: Illinois’ Family Military Leave Act grants up to 15 or 30 days of unpaid leave, depending on employer size, when a close family member of the employee is called to military service for over 30 days by state or federal orders. Employees must exhaust all other accrued leave (except sick or disability leave) before using this leave.
• Domestic Violence or Sexual Assault Leave: In Illinois, the Victims’ Economic Security and Safety Act (VESSA) allows up to 12 weeks of unpaid leave in a 12-month period for employees who are victims of or have family members who are victims of domestic violence, sexual violence, gender violence, or other violent crimes. This leave can be used to seek medical care, legal help, counseling, and safety planning. VESSA also provides up to two weeks of unpaid, job-protected leave to attend or arrange a funeral or grieve after a family member is killed in a violent crime.
• Voting Leave: In Illinois, employees are allowed to take up to two hours off from work on the day of a general or special election to vote, without penalty or loss of pay.
• Jury Duty Leave: Illinois law offers job-protected time off to employees for serving jury duty. Employers are not mandated by law to pay employees during this leave.

The duration of a leave depends on the specific Illinois leave law that applies:

• FMLA Leave: Up to 12 weeks of unpaid, job-protected leave in a 12-month period for family and medical reasons, and up to 26 weeks of military caregiver leave in a 12-month period.
• Paid Leave: Up to 40 hours of paid leave per year, accrued at a rate of one hour for every 40 hours worked.
• Bereavement Leave: Up to 6-12 weeks of unpaid leave for the loss of a child, depending on the employer’s size. Up to two or six weeks of unpaid leave for a single or multiple qualifying unfortunate events.
• School Conference and Activity Leave: Four hours of unpaid leave in a day, with a maximum of eight hours of leave in a school year.
• Sick Leave for Family: The duration depends on employer policy.
• Military Leave: For the duration of an employee’s military service.
• Family Military Leave: Up to 15 days of unpaid leave if employed by an employer with 15-50 employees, and up to 30 days of unpaid leave if employed by an employer with more than 50 employees. Any FMLA leave taken for a qualifying military exigency is deducted from this balance.
• Domestic Violence or Sexual Assault Leave: Up to 12 weeks of unpaid leave in a 12-month period for crime victims or family members of crime victims, and up to two weeks of unpaid leave in case a family member is killed in a crime.
• Voting Leave: Up to two hours of paid leave to vote in a general or special election.
• Jury Duty Leave: For the duration of jury duty.

Yes, part-time employees in Illinois are entitled to various types of leave, including:

• FMLA Leave: In Illinois, part-time employees may also be eligible for FMLA leave for specific family and medical reasons, provided they meet the federal eligibility requirements for hours worked and length of employment.
• Paid Leave: Part-time employees in Illinois are entitled to paid leave under the PLAWA, accrued at one hour for every 40 hours worked, up to 40 hours per year. Employers may also choose to front-load this paid leave time at the beginning of the year on a pro-rated basis, based on the part-time employee’s expected work hours. If the employee ends up working more hours than anticipated, they will accrue more paid leave hours at the same rate, but they cannot accrue more than 40 hours in a single year. However, if the employee works fewer hours or quits the job before the year ends, the employer cannot make the employee pay back for any used or unused front-loaded leave.
• Bereavement Leave: Part-timers in Illinois may also receive up to two or six weeks of unpaid bereavement leave under the FBLA to deal with a single or multiple qualifying unfortunate events. However, they must have worked at least 1250 hours for a covered employer during the past 12 months.
• Domestic Violence Leave: Part-time employees in Illinois are also entitled to up to 12 weeks of domestic violence leave under VESSA.
• Family Military Leave: Part-time employees who have worked at least 1250 hours in the past 12 months are entitled to 15-30 days of leave under the Family Military Leave Act, depending on their employer’s size.
• School Visitation Leave: Part-time employees who have worked for the same employer for at least six continuous months and have averaged at least half of a full-time schedule during that time can qualify for school visitation leave. They may take up to four hours off in a day, and up to a total of eight hours in a school year.

Yes. Employees in Illinois receive regular wages while on paid leave under the Paid Leave for All Workers Act (PLAWA). Employees who earn tips or commissions must be paid at least the full minimum wage ($15 per hour) or their agreed-upon base hourly wage, whichever is higher, during paid leave in Illinois.

For school conference and activity leave, employees in Illinois can be paid at their regular rate if they make up the time taken on another workday or shift. Otherwise, this leave is unpaid.

Employees are also paid their regular wages when they take up to two hours of voting leave in Illinois.

Sick leave for family can be paid if the employer’s sick leave policy offers paid leave.

In Illinois, employees on FMLA leave can keep their group health insurance under the same terms as if they were actively working, as long as they continue paying their share of premiums. If an employee chooses not to keep coverage while on leave, their health benefits must be fully restored when they return to work.

Other benefits, such as life insurance, disability insurance, sick leave, vacation, pensions, and retirement plans, must also be reinstated at the same level as before the leave began.

Employees on school conference and activity leave and jury duty leave in Illinois continue to receive all benefits during their time off to attend their child’s school meetings.

Employees on family military leave also keep their benefits during leave, though they are responsible for paying premiums, unless the employer agrees to pay for those employee benefits.

Yes. Under the PLAWA, unused paid leave, earned at one hour for every 40 hours worked, can be carried over to the next year. However, employers don’t have to let employees use more than 40 hours in a year.
If the employer frontloads paid leave at the start of the year, that leave cannot be carried over.

Yes, since Illinois is an “at-will” employment state, employees can be fired at any time, with or without reason. However, employees are prohibited from firing, disciplining, or discriminating against employees for exercising their rights under federal and state leave laws. This includes taking protected leave, such as:

• FMLA leave
• School conference and activity leave
• Paid leave under PLAWA
• Bereavement leave
• Military and family military leave
• Domestic violence or sexual assault leave (VESSA)
• Jury duty leave
• Sick leave for family care

Yes, employees can quit their jobs at any time, with or without reason, including while they are on leave, as Illinois follows an “at will” doctrine.

If an employee’s leave rights are violated in Illinois under state leave laws, they can file a complaint with the Illinois Department of Labor. This applies to laws such as the Paid Leave for All Workers Act (PLAWA), the Child Extended Bereavement Leave Act (CEBLA), the Family Bereavement Leave Act (FBLA), and the Employee Sick Leave Act (ESLA).

For FMLA violations, employees can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD) or pursue a civil action against their employer.

Employees can also file a civil action in court if their rights are violated under the Family Military Leave Act to receive necessary relief.