SPRINGFIELD, Ill. (WCIA) — As employers prepare to implement the Illinois Department of Labor’s new policy in 2024, many questions about who qualifies and other provisions arose.
Governor J.B. Pritzker signed the bill into law in March, which requires all workers to get one hour of paid time off for every 40 hours a week into law for up to a minimum of 40 hours a year. Now, the IDOL is presenting rules for implementation ahead of Jan. 1.
The AFL-CIO hosted a webinar Wednesday afternoon with the Illinois Department of Labor explaining their proposed rules of the new policy.
“This bill is for the millions of workers in and out of unions, who until now were faced with the impossible choice of either taking time off or keeping their job,” Francis Orenic, the legislative director for the Illinois AFL-CIO, said.
Employers have the option of offering either an accrual system or a frontloaded system for offering the time. If the employer chooses for its workers to accrue the time, the law requires employers to roll over any unused time.
Current employees receiving time off under the Act may not use the time off until March 31.
Nearly every employee qualifies for the act, except for employees already under collective bargaining agreements, and university students who are part-time workers at their university. Domestic workers like nannies and housekeepers are covered under the act. Public school district and park district employees are exempt from the law. (Private school employees are not exempt.)
Any company that violates the law can face a fine of up to $2,500 from the agency. Employees may receive damages if their employer violates the law.
Companies also are forbidden from retaliating against employees for using their time off.
“When an employee asked for paid leave, it cannot be considered as a negative factor in any employment act,” Jason Keller, the deputy director of IDOL, said. “That involves evaluations, promotion, discipline or accounting paid leave under a no-fault attendance policy.”
The full list of proposed rules can be found on IDOL’s website. The state agency is accepting public comments on the rule until Dec. 18.
Illinois is one of three states to require employers to give time off, with the others being Nebraska and Maine. While the two other states demand any time to be used for sick leave, Illinois workers can use the time for anything.
