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The Illinois Paid Leave for All Workers Act – The Final Regulations

Have you prepared and published your organization’s required Illinois Paid Leave for All Workers Act policy?  Are you considering revising your current policy?  We now have additional guidance from the Illinois Department of Labor to assist in those efforts.


On May 17, the Department published final regulations under the Illinois Paid Leave for All Workers Act. The final regulations revised and finalized the original proposed regulations published in November of 2023.  The final regulations have an effective date of April 30, 2024.


The final regulations provide additional guidance to assist you in your compliance efforts, including for example:


·         Defining “foreseeable” and “unforeseeable” for when notice of the need for leave must be given.

·         Allowing employers to cap leave carryover at 40 hours, rather than the originally proposed 80 hours.

·         Paying leave at an employee’s “hourly rate of pay,” rather than an employee’s “regular rate of pay,” or “average hourly rate of pay.”

·         Providing examples of what constitutes a “qualifying pre-existing paid leave policy,” and what are acceptable minimum paid leave scenarios, among other examples.


. . . And other revisions to consider when drafting or updating your policy.


We hope you will attend our webinar us as we discuss options and issues for your Paid Leave for All Workers Act policy.

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