PTO Important update on the Illinois Paid Leave for All Workers Act: The Illinois Department of Labor (IDOL) has issued its first set of frequently asked questions addressing the Act, with more to come. The full FAQs can be found here, and a summary of key points is below.

As covered in our previous blog post, the Act requires most Illinois employers to provide their employees working in Illinois with up to 40 hours of paid leave they can take for any reason during a designated 12-month period.

As part of the FAQs, the IDOL confirmed that the Act’s requirement of 40 hours of paid leave (or a pro rata number of hours accumulated at one hour for every 40 hours worked) also will apply to part-time workers, not just full-time. The IDOL also confirmed that employers whose existing paid leave policies already offer at least 40 hours of paid leave will not be required to offer an additional 40 hours once the Act becomes effective January 1, 2024.

Further, as it pertains to salaried/exempt employees (i.e., those not eligible for overtime under the Fair Labor Standards Act), the IDOL will deem them to work 40 hours in each workweek for purposes of paid leave time accrual, even if they regularly work 40 or more hours in a workweek. Conversely, if salaried/exempt employees’ regular workweek is less than 40 hours, their paid leave time accrues based on the number of hours in their regular workweek.

Finally, for employers located in Cook County, Illinois, municipalities that previously opted out of the Cook County Earned Sick Leave Ordinance, those employers will be required to comply with the Act as of January 1, 2024.

While this is a good start, there are many unanswered questions for which the IDOL will need to provide guidance in the form of FAQs or through rulemaking, hopefully before January 1, 2024. Stay tuned for additional updates.

Employers with questions about how the Act affects them may contact a member of Greensfelder’s Employment & Labor practice group.