Synopsis of PLAWA:

An employee who works in Illinois is entitled to earn and use up to a minimum of 40 hours of paid leave during a 12-month period or a pro rata number of hours accrued at 1 hour per 40 hours worked. An employer may provide a greater amount. Paid leave begins to accrue at the commencement of employment or on January 1, 2024, whichever is later. Employees shall be entitled to begin using paid leave 90 days following commencement of their employment or 90 days following January 1, 2024, whichever is later. Paid leave required under the PLAWA may be taken by an employee for any reason of the employee's choosing. An employee is not required to provide an employer a reason for the leave and may not be required to provide documentation or certification as proof or in support of the leave. An employee may choose whether to use paid leave provided under the PLAWA prior to using any other leave provided by the employer or State law. (Note: this would include unpaid leave mandates such as that provided under the Victims Economic Security & Safety Act AKA VESSA.)

Employees are to be paid their hourly rate of pay for paid leave. However, employees engaged in an occupation in which gratuities or commissions have customarily and usually constituted and have been recognized as part of the remuneration for hire purposes shall be paid by their employer at least the full minimum wage in the jurisdiction in which they are employed when paid leave is taken.

Employees who are exempt from the overtime requirements of the federal Fair Labor Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40 hours in each workweek for purposes of paid leave accrual unless their regular workweek is less than 40 hours, in which case paid leave accrues based on that regular workweek.

Employers may set a reasonable minimum increment for the use of paid leave not to exceed 2 hours per day. If an employee's scheduled workday is less than 2 hours day, the employee's scheduled workday shall be used to determine the amount of paid leave.

An employer who provides any type of paid leave policy that satisfies the minimum amount of leave required by the PLAWA is not required to modify the policy if the policy offers an employee the option, at the employee's discretion, to take paid leave for any reason.

Key Definitions.

"Employee" has the same application and meaning as that provided in Sections 1 and 2 of the Illinois Wage Payment and Collection Act and includes all domestic workers.

Employee does not include:

•an employee as defined in the federal Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.) or the Railway Labor Act;

•a student enrolled in and regularly attending classes in a college or university that is also the student's employer, and who is employed on a temporary basis at less than full time at the college or university, but this exclusion applies only to work performed for that college or university; or

•a short-term employee who is employed by an institution of higher education for less than 2 consecutive calendar quarters during a calendar year and who does not have a reasonable expectation that they will be rehired by the same employer of the same service in a subsequent calendar year.

"Employer" has the same application and meaning as that provided in Sections 1 and 2 of the Illinois Wage Payment and Collection Act, and includes the State and units of local government, any political subdivision of the State or units of local government, or any State or local government agency.

Employer does not include school districts organized under the School Code or park districts organized under the Park District Code.

"Writing" or "written" means a printed or printable communication in physical or electronic format, including a communication that is transmitted through electronic mail, text message, or a computer system or is otherwise sent or stored electronically.

Illinois Department of Labor FAQ: Paid Leave for All Workers Act FAQ (illinois.gov)

Amends the Prevailing Wage Act to add the removal, hauling, and transportation of biosolids, lime sludge, and lime residue from a water treatment plant or facility and the disposal of biosolids, lime sludge, and lime residue removed from a water treatment plant or facility at a landfill. Effective January 1, 2024. Passed both Houses.

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Amends the Prevailing Wage Act to add power washing projects by a public body or paid for wholly or in part out of public funds. Effective January 1, 2024. Passed both Houses.

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Provides that no award of monetary damages, except for damage done to an employer's property as a result of conduct prohibited by law, shall be granted by any court of this State in any case involving a labor dispute. Effective January 1, 2024, Passed both Houses.

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Provides that a person who, with the intent of interfering with, obstructing, or impeding a picket or other demonstration or protest, places any object in the public way commits a Class A misdemeanor with a minimum fine of $500. Effective January 1, 2024, Passed both House.

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Amends the Prevailing Wage Act. Any laborer, worker, or mechanic who is employed by the contractor or by any lower tier sub-contractor and is paid for services in a sum less than the prevailing wage rates for work performed on a project shall have a right of action for whatever difference there may be between the amount so paid and the prevailing rates required to be paid for work performed on the project. Effective January 1, 2024. Passed both Houses.

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Amends the Personnel Record Review Act to require an employer, upon the employee's written request, email or mail a copy of a requested record to the employee.

Amends the Minimum Wage Law, the Equal Pay Act of 2003, the Illinois Wage Payment and Collection Act, and the Day and Temporary Labor Services Act regarding remote workers. Requires an employer with employees who do not regularly report to a physical workplace, such as employees who work remotely or travel for work, shall provide specified information by email to its employees or conspicuous posting on the employer's website or intranet site, if such site is regularly used by the employer to communicate work-related information to employees and is able to be regularly accessed by all employees, freely and without interference.

Also amends the Equal Pay Act of 2003 eliminating the requirement that an employer file its annual Employer Information Report EEO-1 with the Director of Labor. For the Equal Pay Compliance Statement indicating compliance that the average compensation for its female and minority employees is not consistently below the average compensation, the definition of "compensation" changed. The use of average compensation from “as determined by rule by the USDOL” is now “remuneration or compensation an employee receives in return for services rendered to an employer, including hourly wages, overtime wages, commissions, piece rate work, salary, bonuses, or any other basis of calculation for services performed”. Effective January 1, 2024. Passed both Houses.

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Amends the Unemployment Insurance Act adding to the definition of "employee": "an individual under an independent contractor arrangement". The change is being made to Section 1801.1. Directory of New Hires under the Unemployment Insurance Act. Section 1801.1 requires employers to file with the Illinois Department of Employment Security (IDES) a report within 20 days after the date the employer hires a new employee or, in the case of an employer transmitting reports magnetically or electronically, by 2 monthly transmissions not less than 12 days nor more than 16 days apart. More information on the new hire reporting requirements can be found at the IDES website: New Hire Reporting (illinois.gov) Effective January 1, 2024. Passed both houses.

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Creates the Child Extended Bereavement Leave Act also known as Zachary's Parent Protection Act. An employee of a large employer that employs 250 or more full-time employees is entitled to use a maximum of 12 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide. An employee of a small employer that employs at least 50 but fewer than 250 full-time employees is entitled to use a maximum of 6 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide. Leave may be taken in a single continuous period or intermittently in increments of no less than 4 hours, but leave must be completed within one year after the employee notifies the employer of the loss. Permits an employer to require reasonable advance notice of the employee's intention to leave and reasonable documentation. An employee who takes leave is entitled to be restored to the position of employment held by the employee when the leave commenced or to be restored to an equivalent position. Nothing shall be construed to entitle any restored employee the accrual of any seniority or employment benefits during any period of leave. The Act does not extend the maximum period of leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993 or under any other paid or unpaid leave provided under federal, State or local law, a collective bargaining agreement, or an employment benefits program or plan. Prohibits an employer from taking any adverse action against an employee who exercises his or her rights under the Act. A person who uses leave under either the Child Bereavement Leave Act or the Child Extended Bereavement Leave Act may not take leave under the other Act. Requires the Illinois Department of Labor to enforce the Act. Effective January 1, 2024. Passed both houses.

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Amends the Victims' Economic Security and Safety Act to allow an employee to take unpaid leave from work for specified reasons relating to a family or household member who is killed in a crime of violence. An employee is entitled to a total of not more than 2 workweeks of unpaid leave for specified reasons relating to a family or household member who is killed in a crime of violence, which must be completed within 60 days after the date on which the employee receives notice of the death of the victim. An employee may satisfy the certification requirement by providing an employer with a death certificate, published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency, documenting that a victim was killed in a crime of violence. Effective January 1, 2024. Passed both houses.

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Amends the Employee Blood Donation Leave Act changing the name of the Act to the Employee Blood and Organ Donation Leave Act. Allows an employee to use up to 10 days of paid leave in any 12-month period to serve as an organ donor. Effective January 1, 2024. Passed both houses.

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Amends the Right to Privacy in the Workplace Act restricting the use of employment eligibility systems. If an employer receives notification from the Social Security Administration of a discrepancy between an employee's name or social security number and the Social Security Administration's records and the employer takes any adverse action against the employee, an employer must provide the employee with specified information and grant the employee no less than 30 days of unpaid leave to correct any verification discrepancy.

Also, if an employer receives a notification of a discrepancy from any federal or State agency, including, but not limited to, the Social Security Administration or Internal Revenue Service, the employee may choose which work authorization documents to present to the employer during the verification or re-verification process and choose to be represented by counsel or represent his of herself in any meetings, discussions, or proceedings with the employer.

If the discrepancy has been remedied, the employer must:

(1) return the employee to his or her former position, without loss of seniority, compensation rate or salary, or benefits; and (2) not consider the discrepancy in future promotion decisions or continued employment considerations. Effective January 1, 2024. Passed both houses.

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Effective on November 1, 2023, all employers with 5 or more employees that have been in business for two or more years, and that do not offer a qualified retirement plan must either begin offering a qualified plan or automatically enroll their employees into the Illinois Secure Choice Savings Program (“Secure Choice”).

Secure Choice is a program administered by the Illinois Secure Choice Savings Board for the purpose of providing a retirement savings option to private-sector employees in Illinois who lack access to an employer-sponsored plan. Employers who do not meet their required enrollment deadlines or report an exemption from Secure Choice may be subject to financial penalties.

For information on registration, reporting an exemption, and related deadlines, visit ilsecurechoice.com.

ODRISA requires employers to provide employees a minimum of 24 hours of rest within every consecutive 7-day period. The law allows employers to secure permits from the Department for employees to work on the 7th day provided that the employees have voluntarily agreed to work and are paid at the applicable overtime rate if employees work over forty hours per week. Employees must also be given a meal period of at least 20 minutes for every 7.5-hour shift beginning no later than 5 hours after the start of the shift, with an additional 20-minute meal period if working a 12-hour shift or longer. Reasonable restroom breaks, in addition to the meal break must be provided.

Illinois Department of Labor ODRISA Webinar: One Day of Rest in Seven (illinois.gov)

FAQ: One Day Rest in Seven Act FAQ - FAQs (illinois.gov)

Amends the Illinois Wage Payment and Collection Act. Requires construction contractors and subcontractors to post and keep posted, in one or more conspicuous places accessible to all laborers, workers, and mechanics at a job site, a notice, to be made available by the Director of Labor, summarizing specified requirements under the Act and information pertaining to the filing of a complaint. One copy of the notice at a job site shall satisfy the notice requirement. The Director shall provide copies of summaries and rules to construction contractors and subcontractors upon request without charge. Any construction contractor or subcontractor who fails to provide notice as required shall be subject to a civil penalty, not to exceed $250, payable to the Department of Labor. Effective July 1, 2023.

IDOL Poster (English): Illinois Wage Payment and Collections Act.pdf

IDOL Poster (Spanish): SPANISH-Illinois Wage Payment and Collections Act.pdf

IDOL Poster (Polish): POLISH-Illinois Wage Payment and Collections Act.pdf