Illinois to require no-excuse paid time off

Legislation shared by only two other states ready for signature of governor

CHICAGO — Expansive paid leave legislation requiring Illinois employers to give workers time off based on hours worked, to be used for any reason, is ready for action by Democratic Gov. J.B. Pritzker, who said he will sign it.

Requiring paid vacation is rare in the U.S. — just Maine and Nevada have similar laws — although common in other industrialized nations.

Fourteen states and Washington, D.C., require employers to offer paid sick leave via similar laws, although employees may use it only for health-related issues. What sets Illinois’ new legislation apart is workers won’t have to explain the reason for their absence as long as they provide notice in accordance with reasonable employer standards.

Maine and Nevada also allow workers to decide how to use their time, but substantial exemptions apply. Maine’s Earned Paid Leave law applies only to employers with more than 10 employees, and Nevada’s exempts businesses with fewer than 50. Illinois’ will reach nearly all employees and has no limit based on the business size.

Seasonal workers such as lifeguards will be exempt, as will federal employees or college students who work non-full-time, temporary jobs for their university.

The legislation would take effect on Jan. 1, 2024. Employees will accrue one hour of paid leave for every 40 hours worked up to 40 hours total, although the employer may offer more. Employees can start using the time once they have worked for 90 days.

“Working families face enough challenges without the concern of losing a day’s pay when life gets in the way,” Pritzker said on Jan. 11, when the bill passed both chambers.

Ordinances in Cook County and Chicago already require employers to offer paid sick leave, and workers in those locations will continue to be covered by the existing laws rather than the new bill.

The Chicago and Cook County ordinances served as pilot programs for the statewide legislation, and mollified critics who predicted mass business closures that didn’t come to fruition, said Sarah Labadie, director of advocacy and policy at Women Employed, a nonprofit that has fought for paid leave since 2008 and helped push through the legislation.

Small business owners face steep inflation, increased fuel and energy costs and an absence of qualified workers, and the requirement will be an “additional burden,” NFIB state director Chris Davis said in a statement following the bill’s passage. “The message from Illinois lawmakers is loud and clear, ‘Your small business isn’t essential.’”

However, the potential burden on small businesses clashes with the needs of their workers, particularly those with children.

Molly Weston Williamson, paid leave policy expert and senior fellow at think tank Center for American Progress, called the Illinois legislation “a huge step in the right direction.”

In addition to establishing workers’ right to paid time off, the bill forbids employers from retaliating against employees for using it. This is key to making sure “low-income workers or other folks who are more vulnerable are really, practically able to take the time,” Williamson said.

Paid leave is both a labor rights issue and a public health issue, Williamson said. Service workers like Van who handle food and beverage without paid time off are more likely to go to work sick and to send their children to day care sick, “at which point they get everyone else sick,” she said.