Which Apply to You? Illinois, Chicago, and Cook County Paid Leave Laws

If you work in Illinois, your right to paid leave depends on where you work. In addition to Illinois' statewide paid leave law, employees working in Chicago and throughout suburban Cook County may have additional protections that provide greater benefits and stronger employee rights.

Here's what every Illinois employee should know.


Three Different Paid Leave Laws May Apply

Illinois employees may be covered by one or more of the following:

Because local ordinances often provide greater protections than state law, employers generally must comply with whichever law offers employees the greater benefit.


Illinois Paid Leave for All Workers Act

Effective January 1, 2024, Illinois became one of the first states to require paid leave that employees can use for virtually any reason.

Most Employees Earn

✔ One hour of paid leave for every 40 hours worked

✔ Up to 40 hours of paid leave during a 12-month period

✔ Leave may generally begin after 90 days of employment.


Chicago Provides Two Separate Types of Paid Leave

Chicago's ordinance is significantly broader.

Eligible employees generally earn:

Paid Leave

Up to 40 hours annually that may be used for any reason.

Examples include:

  • Vacation 

  • Family events 

  • Mental health days 

  • Personal appointments 

  • Religious observances 

  • Rest and recreation 

Paid Sick and Safe Leave

Employees also earn up to an additional 40 hours of paid sick leave each year.

This leave may be used for:

  • Personal illness 

  • Medical appointments 

  • Caring for family members 

  • Domestic violence 

  • Sexual assault 

  • Stalking 

  • Public health emergencies 

  • School or workplace closures 

This means many Chicago employees may earn up to 80 hours of paid leave annually.


Cook County Paid Leave Ordinance

Many suburban Cook County employees are covered by the Cook County Paid Leave Ordinance.

Like the Illinois law, employees generally earn:

  • One hour of leave for every 40 hours worked 

  • Up to 40 hours annually 

  • Leave that may be used for any purpose 

However, municipalities may opt out of the ordinance, meaning whether the law applies depends on where the employee works.


Comparison at a Glance


Can Your Employer Deny Paid Leave?

Employers may establish reasonable written policies governing:

  • Notice requirements

  • Scheduling procedures

  • Minimum increments of leave

  • Documentation when permitted by law

However, employers generally cannot:

  • Discipline employees for properly using earned leave

  • Interfere with an employee's exercise of paid leave rights

  • Require employees to find their own replacement before taking leave (where prohibited by applicable law)

  • Retaliate against employees for requesting or using protected leave


Protection Against Retaliation

Illinois, Chicago, and Cook County laws all prohibit employers from retaliating against employees who exercise their paid leave rights.

Retaliation may include:

  • Termination 

  • Demotion 

  • Reduced hours 

  • Discipline 

  • Unfair performance reviews 

  • Threats or intimidation 

  • Denial of promotions 

If your employer punishes you for requesting or using earned paid leave, you may have legal claims beyond simply recovering the value of the leave.


Common Violations We See

Employees frequently contact us after employers:

  • Refuse to allow earned paid leave

  • Count protected leave against attendance policies

  • Fail to track or credit earned leave correctly

  • Fire employees shortly after requesting leave

  • Retaliate against employees who complain about violations.

These practices may violate Illinois law.


Frequently Asked Questions

 

How an Employment Attorney Can Help

If your employer denied earned paid leave, disciplined you for using leave, or retaliated after you exercised your rights, you may have legal claims under state or local law.

An experienced employment attorney can evaluate which paid leave law applies to your situation, determine whether your employer violated the law, and help you pursue available remedies.

 

Contact Luisi Law

At Luisi Law, we represent employees throughout Illinois in disputes involving paid leave, sick leave, retaliation, unpaid wages, discrimination, whistleblower claims, and employment contract matters.

If you believe your employer violated your paid leave rights under Illinois, Chicago, or Cook County law, contact us for a confidential consultation. We'll help you understand your rights and fight for the protections the law provides.

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Non-Compete and Non-Solicitation Agreements in Illinois: Know Your Rights Before You Sign—or Before You Quit