As we previously reported, in early 2023, Illinois passed the Illinois Paid Leave for All Workers Act (“PLAWA”), which takes effect January 1, 2024. Under the law, all Illinois employers (except for certain school and park districts and employers covered by preexisting municipal or county ordinances that require paid leave) will be required to provide up to 40 hours of annual paid leave to employees which can be used for any reason. On November 3, 2023, the Illinois Department of Labor (“IDOL”) published proposed rules for the implementation of the leave.
The proposed rules cover how paid leave is earned, how it can be used, employer’s responsibilities, and enforcement. The proposed rules also clarify some of the key requirements of PLAWA that employers said were ambiguous, including exemptions for qualified PTO policies and who is considered a covered remote worker.
Next Steps
Employers should review and update any existing policy that will be used to comply with the law or add a paid leave policy to their handbook that complies with the law. Notice regarding the leave should be given to employees by March 31, 2024, or upon hire, whichever is later.
Upon publishing, employers will also be required to display a Paid Leave poster made available by the Illinois Department of Labor in a prominent location at each worksite. It is recommended that employers with remote workforces also provide the notice electronically.
