Update Applicable to:

All employers in the state of Illinois.

What happened?

On November 3, 2023, the Illinois Department of Labor (IDOL) published the proposed regulations interpreting the Illinois Paid Leave for All Workers Act, effective in January 1, 2024.

What are the details?

On March 13, 2023, Illinois Governor Pritzker signed the Paid Leave for All Workers Act, making paid leave up to 40 hours per year for any reason available to Illinois employees beyond these localities. The law is effective on January 1, 2024. On November 3, 2023, IDOL published the proposed regulations interpreting the Illinois Paid Leave for All Workers Act.

Topics that employers should consider paying close attention in the proposed ruling, as well as leaving their input on said rules are the following:

1. Exemption for Pre-Existing Paid Leave Policies

2. Remote Employee Coverage

3. Accrual and Carryover of Paid Leave

4. Frontloading Paid Leave

5. Requesting and Using Paid Leave

6. Employer Paystub, Notice and Posting Requirements

7. Rate of Pay

8. Overlap with Local Laws

Employers will not have the benefit of final rules prior to the Act’s effective date, so they should carefully review the proposed regulations, and implement their paid leave policies accordingly to comply with the new law.

Best practices

• Create, review, and incorporate necessary policies and practices that are relevant to your business compliant with the minimum requirements.
• Review if your existing policies comply with the minimum requirements of the law and monitor closely the IDOL proposed ruling to see if further adjustments are needed.
• Consider a communication plan and training for your managers, leaders, and employees.
• Consult with a labor attorney for further guidance if needed.
• For employers that want to submit a written comment, they can do so in the 45-day public comment period sending It to here.

Employers should review additional resources here:

Law Firm Articles: Article 1, Article 2, Article 3

IDOL Proposed Rules

Illinois Paid Leave for All Workers Act

Illinois Department of Labor FAQs

Vensure communication 26 June 2023

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