Illinois Paid Leave for All Workers Act – HCAOA Webinar Tomorrow to Discuss How it Impacts Your Business

The Illinois Department of Labor (IDOL) introduced proposed regulations for the Illinois Paid Leave for All Workers Act, scheduled to take effect on January 1, 2024. This Act mandates nearly all covered Illinois employers to offer up to 40 hours of annual paid leave for any purpose. All Illinois members are invited to a webinar TOMORROW, November 16 to learn more about this. Hinshaw labor and employment attorney Aimee E. Delaney will discuss how the Illinois Paid Leave for All Workers Act will impact home care. This event is free for members and registration is required.

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Below are a few highlights of the proposed regulations:

Exemptions for Pre-Existing Policies:

• Employers with pre-existing policies offering 40 hours of paid leave for any reason may not need to modify policies to comply with the Act.
• Proposed regulations allow employers to maintain current PTO policies if they align with certain criteria.

Remote Employee Coverage:

• Defined coverage for remote employees working for Illinois-based or Illinois-serving companies.
• Factors considered to define work "primarily performed in Illinois."

Accrual and Carryover of Paid Leave:

• Paid leave can accrue at a rate of one hour for every 40 hours worked, calculated on a fractional, 15-minute basis.
• Regulations suggest employees might accrue leave faster than legally required.

Frontloading Paid Leave:

• Employers can frontload paid leave or accrue it over the year.
• Details how to inform employees of frontloaded amounts and proration for part-time workers.

Requesting and Using Paid Leave:

• Employees can request and use leave, but employers have limited scope to deny leave for operational necessity.
• Employers can restrict paid leave use to the employee's regular workweek.

Employer Requirements:

• Detailed notices, policies, recordkeeping, and paystub requirements for employers under the Act.
• Employers must provide a notice in multiple languages if commonly spoken in the workplace.

Rate of Pay and Overlap with Local Laws:

• Detailed guidelines for compensation for different employee types, including considerations for gratuities, commissions, and salaried employees.
• Addressing the Act's integration with local Cook County and Chicago ordinances.

For additional information, please click here.