Under the Illinois Paid Leave for All Workers Act (PLAWA), which took effect January 1, 2024, nearly every Illinois employee earns paid leave at a rate of one hour of paid leave for every 40 hours worked, up to a minimum of 40 hours of paid leave per 12-month period. Critically, Illinois did not pass a traditional "paid sick leave" law that limits use to illness. PLAWA is broader: you may use the time you accrue for any reason at all, and your employer cannot require you to explain why or provide documentation. So while Illinois workers absolutely can use this leave when they are sick, the statewide guarantee is a general paid-leave entitlement, not a sickness-only benefit.
How accrual works under the Paid Leave for All Workers Act
The default method is accrual: you bank one hour of paid leave for every 40 hours you actually work. A full-time employee working a standard schedule reaches the 40-hour minimum over the course of the year. Employers are allowed to cap accrual and use at 40 hours in each 12-month period, though they may voluntarily offer more.
Employers have a choice in how they deliver the leave:
Accrual method: Hours build gradually as you work, and unused time generally carries over into the next year (though the employer can still cap annual use at 40 hours).
Frontloading method: The employer deposits the full 40 hours at the start of the 12-month period. If an employer frontloads, it is not required to allow carryover of unused hours.
You begin accruing leave on your first day of work (or January 1, 2024, whichever is later). However, an employer may require you to wait until you have been employed for 90 days before you start actually using the accrued time.
Who is covered
PLAWA covers most private employers in Illinois regardless of size, along with state and local government employers. Coverage is intentionally broad, reaching part-time, seasonal, and many domestic workers. There are some carve-outs, including certain employees covered by a bona fide collective bargaining agreement, some railroad workers governed by federal law, and short-term student employees of colleges and universities. Independent contractors are not covered, but misclassification does not strip a true employee of the right.
A key feature of the law is its local-ordinance exemption. Employers already covered by a municipal or county paid-leave or paid-sick-leave ordinance that was in effect on January 1, 2024, follow that local law instead of PLAWA. In practice, this is why Chicago and Cook County are treated separately.
How you can use the leave
Because the statewide law is a "paid leave for any reason" law, you do not have to justify your request. You may use it to recover from illness, care for a family member, attend a medical appointment, handle a personal matter, or simply take a day off. Employers can require reasonable advance notice (up to seven days) when the need is foreseeable, and notice as soon as practicable when it is not. You may use leave in increments your employer sets, but the minimum increment cannot be greater than two hours per day. Your employer must pay you at your regular hourly rate (tipped employees must be paid at least the full minimum wage for leave time).
Chicago and Cook County have stronger rules
If you work in the City of Chicago, you are covered by the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, effective July 1, 2024, not by PLAWA. Chicago is significantly more generous: covered employees accrue one hour of paid sick leave for every 35 hours worked and one hour of paid (non-sick) leave for every 35 hours worked, up to 40 hours of each per year (80 hours total). Chicago's ordinance also includes specific carryover rules and, for larger employers, payout obligations when employment ends.
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Suburban Cook County has its own paid-leave ordinance as well, applying in municipalities that did not opt out. Because local rules change and municipalities can opt in or out, Chicago and Cook County workers should confirm their exact entitlement with the city or county agency rather than assuming the statewide figures apply.
How Illinois leave interacts with PTO and FMLA
If your employer already provides a paid time off (PTO) or vacation policy that gives you at least 40 hours of leave usable for any reason and otherwise meets PLAWA's standards, the employer is not required to create a separate sick-leave bank. An existing, sufficiently generous PTO policy can satisfy the law. This means many salaried employees with robust PTO already receive what PLAWA guarantees.
PLAWA leave is separate from the federal Family and Medical Leave Act (FMLA). FMLA provides eligible employees of covered employers up to 12 weeks of job-protected but unpaid leave per year for serious health conditions, bonding with a new child, and similar reasons. You can use your accrued Illinois paid leave to receive pay during an otherwise unpaid FMLA absence, but the two laws have different eligibility rules and serve different purposes. Illinois paid leave is far easier to qualify for, while FMLA offers longer, job-protected time for serious situations.
The federal baseline
There is no federal law requiring private employers to provide paid sick leave to most workers. Under the federal Fair Labor Standards Act (FLSA), the federal minimum wage is $7.25 per hour and overtime is owed after 40 hours in a workweek, but the FLSA does not mandate any paid time off. Federal protection for time off comes mainly through the unpaid FMLA. Illinois therefore goes well beyond the federal floor by guaranteeing paid leave to nearly all workers in the state. Illinois's own minimum wage is higher than the federal rate ($15.00 per hour as of 2026); confirm the current figure with the Illinois Department of Labor, as state and local wage rates can change.
Retaliation protection and how to enforce your rights
Your employer cannot fire, discipline, or otherwise retaliate against you for requesting or using Illinois paid leave, and employers must post a notice and keep records of accrual and use. If your employer denies you leave you have earned, refuses to pay it, or punishes you for using it, you can file a complaint with the Illinois Department of Labor (IDOL), which administers and enforces the Paid Leave for All Workers Act. Chicago and Cook County complaints are handled by their respective local agencies (the Chicago Department of Business Affairs and Consumer Protection and the Cook County Commission on Human Rights). Keep your own records of hours worked and leave requested, and verify the current rules directly with IDOL at illinois.gov/idol before acting, since regulations and amounts can be updated.
Official Illinois Sources
This page is based on Illinois employment law. Rules and figures change — verify the current details directly with the official Illinois sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Illinois state law.
Frequently asked questions
Does Illinois require paid sick leave?
Illinois does not have a sickness-only paid sick leave law statewide. Instead, the Paid Leave for All Workers Act, effective January 1, 2024, requires employers to provide paid leave that can be used for any reason, including illness. You can use it when sick without giving a reason or documentation.
How much paid leave do I earn in Illinois?
You accrue one hour of paid leave for every 40 hours worked, up to at least 40 hours per 12-month period. Employers may cap use at 40 hours, frontload the full amount at the start of the year, or allow carryover under the accrual method.
Do Chicago workers follow the same rules?
No. Chicago employees are covered by the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, which is more generous, providing up to 40 hours of paid sick leave plus 40 hours of paid leave per year, accrued at one hour per 35 hours worked. Suburban Cook County has its own ordinance too.
When can I start using my accrued leave?
You begin accruing immediately, but an employer can require you to complete 90 days of employment before you actually use the time. After that, you can use it for any reason with reasonable notice.
Can my employer's PTO policy satisfy the law?
Yes. If your employer already offers at least 40 hours of paid time off usable for any reason and meeting the law's standards, it does not have to provide a separate paid-leave bank. The existing PTO can count toward the requirement.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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