40 Hours of Paid Leave Without Questions: How Illinois Workers Can Use It - Glenview - 1

Last week, a colleague at work left a message on Slack saying, "I'm taking a day off tomorrow for personal reasons" and actually took the day off. In the past, the manager would have asked what was going on, but no one did this time.

It turns out this isn't just a cool culture unique to that company; it's a right based on state law. Illinois has a law that guarantees paid leave without asking for a reason.

The official name is the Paid Leave for All Workers Act. It went into effect on January 1, 2024, and even though it's already in its third year, many people still seem unaware of it.

The key point is simple. Most Illinois employees can receive up to 40 hours of paid leave over a 12-month period.

And when taking this leave, employers cannot require a reason. They also cannot ask for documentation like a doctor's note.

This means it doesn't matter if you're taking time off because you're sick, attending a school event for your child, or just going to the lakeshore in Michigan to clear your head. Honestly, I was a bit surprised when I first read that it was this flexible.

It's also good to know how the accrual works. You earn 1 hour of leave for every 40 hours worked.

If you work full-time at 40 hours a week, you accumulate 1 hour per week, so after working 40 weeks, you would have 40 hours saved up. Depending on the company, some may choose to front-load the 40 hours at the beginning of the year instead of accruing it.

Part-time employees are included as well. They also earn 1 hour for every 40 hours worked.

Exempt salaried employees are considered to have worked 40 hours a week for the purpose of accrual. If their regular hours are shorter, then that shorter time is used for accrual.

However, you can't use the leave immediately upon starting. Employers can require you to wait 90 days after your start date before you can use it, so if you're a new hire, plan your schedule accordingly.

There are also a few rules for using the leave. If it's a planned absence, employers can require up to 7 days' notice.

However, the company must inform employees of this notice requirement in writing. If it's a sudden situation, you should notify them as soon as possible.

The minimum increment for taking leave can also be set by the company, but it cannot exceed 2 hours in a single day. This means you can take just a few hours off, similar to a half-day.

What happens to unused hours? Generally, they carry over to the next year, but the company can set a limit on carryover.

If a company gives you the full 40 hours at the beginning of the year, there is no obligation to carry over unused hours. If you don't use them that year, they may disappear, so be sure to keep track.

Many people ask if they can cash out unused hours when they leave the company. According to the Illinois Department of Labor FAQ, there is generally no obligation to pay out.

The exception is if this leave is combined with the company's general vacation or PTO bank. In that case, the rules may differ, so check the company's policies.

There's also an interesting provision. If you return to the same company within 12 months after leaving, any unused accrued hours will be reinstated.

For those working in Cook County, you need to check again. Chicago and Cook County have their own paid leave ordinances, and employers subject to those ordinances follow them instead of state law.

However, even within Cook County, it varies by neighborhood. For example, the official page for Glenview Village states that employers in the area follow state regulations instead of county ordinances.

On the other hand, if you work in downtown Chicago, the Chicago ordinance applies separately. It's important to check the office address to determine which rules apply.

If your company already provides more than 40 hours of PTO that can be used for any reason, that counts as compliance with the law. So, it's best to ask HR if your PTO is included.

It's also prohibited to retaliate against employees for taking leave. If you experience negative consequences like a reduced performance evaluation or schedule due to taking leave, you can file a complaint with the Illinois Department of Labor.

From what I've heard from Korean workers, many have leave available but feel hesitant to use it. This is especially true in small Korean businesses with only a few employees.

Personally, I think this law is a well-crafted system. The key is that you don't have to explain your reasons.

It's much more realistic than having to prove you're sick by going to the doctor. It feels like treating working people as adults.

Of course, I understand that for small business owners, the staffing gap can be a concern. That's why there are provisions like the 7-day notice and the 90-day waiting period.

If it were me, I would check my accrued hours on the company portal or through a pay stub today. Knowing the numbers is essential for planning for Thanksgiving or year-end.

How does your company manage these 40 hours? Do they give it all at once at the beginning of the year, or does it accumulate weekly? It would be great if you could share in the comments so everyone can compare.