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Illinois Releases FAQs on the Paid Leave for All Workers Act

26 Jun


Update Applicable to:

All employers and employees in the state of Illinois

What happened?

In our previous communication (Link), where you will find detailed information about the law, we informed you that the governor had signed the Paid Leave for All Workers Act. This latest update is to inform you that the Illinois Department of Labor (IDOL) recently published FAQs, intended to enhance public access and understanding of the law.

What are the details?

The IDOL has provided some helpful guidance for employers in their “Paid Leave for All Workers Act Frequently Asked Questions,” document. Although some of the larger interpretive questions are still unanswered, and there currently are only 8 questions answered, it does, however, offer general specific provisions of the law.

As to one of employers’ biggest questions – how do existing paid time off policies intersect with the Act – the FAQs state that employers who already provide paid time off that “meet the minimum requirements of the Act” do not have to “add additional time.” This differs from the language of the Act, which states that employers who already provide paid leave “that satisfies the minimum amount of leave” need not modify their policies, so long as they allow employees to take that leave at their discretion for any reason.

For more information, please see the links below:

Vensure Communication – January 2023

Vensure Communication – March 2023

Paid Leave for All Workers Act FAQ

What do employers need to do?

Employers should review our previous communications (links above) along with the law and FAQs and seek legal counsel from their employment attorney for any audit or review of existing policies or the drafting of new policies for the purposes of ensuring compliance with the new law.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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