Ill. Admin. Code tit. 56 § 200.300

Current through Register Vol. 48, No. 49, December 6, 2024

Section 200.300 - General Provisions

a)An employee is entitled to begin using earned paid leave time 90 calendar days after commencement of employment or March 31, 2024, whichever is later. [820 ILCS 192/15 ]

EXAMPLE A: The Paid Leave for All Workers Act takes effect on January 1, 2024. Six months later, Employee A starts a new job on Monday, July 1, 2024, and works 40 hours per week. Employee A starts accruing paid leave on their first day (July 1) but must wait 90 days (until September 29, 2024) before using any of their accrued paid leave time. See Section 15(g) of the Act.

EXAMPLE B: Employee B is hired to begin employment in an office job on September 1, 2024, which is the beginning of the employer's pay period. The office is closed on September 1 because it is a weekend, and it's also closed on Monday, September 2 for Labor Day, so Employee B's first day performing work is Tuesday, September 3. Because Employee B's employment status began on September 1, that day is the beginning of the 90-day waiting period. See Section 15(g) of the Act.

EXAMPLE C: Employee C has worked for an employer since 2019 but did not previously get paid time off. Employee C is entitled to earn paid leave beginning January 1, 2024 (the effective date of the Act). Employee C's employer frontloads its employees' paid leave in accordance with the Act, but Employee C must wait 90 days before being entitled to use any of their paid leave time. See Section 15(g) of the Act.

EXAMPLE D: Employee D works 40 hours per week between June 1 and August 15 (75 days) and does not work the rest of the year. Although Employee D is entitled to accrue 1 hour of paid leave for every 40 hours worked, they are not entitled to use that leave during that time because they are not employed for 90 days or longer. If Employee D returns to work for that employer within 12 months, their accrued but unused leave shall be carried over or reinstated. See Section 15(k) of the Act.

b)An employee is entitled to use paid leave earned under the Act and this Part for any reason of the employee's choosing. [820 ILCS 192/15 ]

1)An employer shall not require an employee to provide a reason for taking paid leave time.

2)An employer shall not require an employee provide any type of documentation, including a certificate or form, as proof or support for the reason to use the paid leave time. [820 ILCS 192/15 ]

EXAMPLE: Employee A has accrued a sufficient number of hours under the Act to take a paid leave day. Employer A has scheduled a business closure for a major holiday. In the past, Employer A has allowed employees to choose whether to go unpaid for that holiday, or to use paid leave time available to them. Employer A may not require Employee A to use their accrued paid leave hours for the holiday closure.

c) If an employer maintains a written paid leave policy, handbook, or manual, that policy, handbook, or manual must be consistent with the Act and this Part, including Section 200.310.

d)An employee shall be allowed to choose whether to use paid leave earned under the Act and this Part before using any other leave benefits provided by the employer or State law. [820 ILCS 192/15 ]

e) An employee shall be allowed to choose whether to use any other leave benefits provided by the employer or State law before using paid leave earned under the Act and this Part.

f) An employer who offers more than one type of leave should confirm and document what category of leave the employee wishes to draw from for any use of leave.

g) Employees shall have the discretion to determine how many paid leave hours they need to use in a 12-month period except:

1) If an employee's scheduled workday is more than two hours, then the employer may restrict the use of paid leave to increments of no less than 2 hours per day.

2)If an employee's scheduled workday is less than two hours, then the employer may restrict the amount of paid leave used per day to the equivalent of the scheduled workday. [820 ILCS 192/15 ]

EXAMPLE A: Employee A wants to use 45 minutes of paid leave to run an errand. Their employer may have a policy requiring employees to use 2 hours.

EXAMPLE B: Employee B wants to use 3 hours of paid leave. Their employer may not require employees to use a higher number of hours instead.

EXAMPLE C: Employee C's children's before and after school care is canceled. Employee C's employer requires a minimum usage of two hours of paid leave per day. Employee C may take one hour of paid leave in the morning and one hour of paid leave in the afternoon to do drop-off and pick-up.

Ill. Admin. Code tit. 56, § 200.300

Added at 48 Ill. Reg. 7291, effective 4/30/2024