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Illinois House Bill HB2377

Illinois 2025-2026 Regular Session

Illinois House Bill HB2377 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2377 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: 820 ILCS 192/15 Amends the Paid Leave for All Workers Act. Provides that for the purpose of calculating the accrual of paid leave, only hours actually worked by an employee shall be considered. Provides that an employee shall not accrue paid leave for any hours that an employee was scheduled to work but did not actually work. Provides that, if paid leave is taken due to an emergency, an employer may require that an employee provide documentation of the emergency upon returning to work. Makes other changes. LRB104 11980 SPS 22074 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2377 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: 820 ILCS 192/15 820 ILCS 192/15 Amends the Paid Leave for All Workers Act. Provides that for the purpose of calculating the accrual of paid leave, only hours actually worked by an employee shall be considered. Provides that an employee shall not accrue paid leave for any hours that an employee was scheduled to work but did not actually work. Provides that, if paid leave is taken due to an emergency, an employer may require that an employee provide documentation of the emergency upon returning to work. Makes other changes. LRB104 11980 SPS 22074 b LRB104 11980 SPS 22074 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2377 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
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55 Amends the Paid Leave for All Workers Act. Provides that for the purpose of calculating the accrual of paid leave, only hours actually worked by an employee shall be considered. Provides that an employee shall not accrue paid leave for any hours that an employee was scheduled to work but did not actually work. Provides that, if paid leave is taken due to an emergency, an employer may require that an employee provide documentation of the emergency upon returning to work. Makes other changes.
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1111 1 AN ACT concerning employment.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Paid Leave for All Workers Act is amended by
1515 5 changing Section 15 as follows:
1616 6 (820 ILCS 192/15)
1717 7 Sec. 15. Provision of paid leave.
1818 8 (a) An employee who works in Illinois is entitled to earn
1919 9 and use up to a minimum of 40 hours of paid leave during a
2020 10 12-month period or a pro rata number of hours of paid leave
2121 11 under the provisions of subsection (b). The paid leave may be
2222 12 used by the employee for any purpose as long as the paid leave
2323 13 is taken in accordance with the provisions of this Act.
2424 14 (b) Paid leave under this Act shall accrue at the rate of
2525 15 one hour of paid leave for every 40 hours worked up to a
2626 16 minimum of 40 hours of paid leave or such greater amount if the
2727 17 employer provides more than 40 hours. Employees who are exempt
2828 18 from the overtime requirements of the federal Fair Labor
2929 19 Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40
3030 20 hours in each workweek for purposes of paid leave accrual
3131 21 unless their regular workweek is less than 40 hours, in which
3232 22 case paid leave accrues based on that regular workweek.
3333 23 Employees shall determine how much paid leave they need to
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4040 Amends the Paid Leave for All Workers Act. Provides that for the purpose of calculating the accrual of paid leave, only hours actually worked by an employee shall be considered. Provides that an employee shall not accrue paid leave for any hours that an employee was scheduled to work but did not actually work. Provides that, if paid leave is taken due to an emergency, an employer may require that an employee provide documentation of the emergency upon returning to work. Makes other changes.
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6868 1 use; , however, employers may set a reasonable minimum
6969 2 increment for the use of paid leave not to exceed 2 hours per
7070 3 day. If an employee's scheduled workday is less than 2 hours
7171 4 per day, the employee's scheduled workday shall be used to
7272 5 determine the amount of paid leave. For the purposes of
7373 6 calculating the accrual of paid leave under this subsection,
7474 7 only hours actually worked by an employee shall be considered.
7575 8 An employee shall not accrue paid leave for any hours that an
7676 9 employee was scheduled to work but did not actually work.
7777 10 (c) An employer may make available the minimum number of
7878 11 hours of paid leave, subject to pro rata requirements provided
7979 12 in subsection (b), to an employee on the first day of
8080 13 employment or the first day of the 12-month period. Employers
8181 14 that provide the minimum number of hours of paid leave to an
8282 15 employee on the first day of employment or the first day of the
8383 16 12-month period are not required to carry over carryover paid
8484 17 leave from 12-month period to 12-month period and may require
8585 18 employees to use all paid leave prior to the end of the benefit
8686 19 period or forfeit the unused paid leave. However, under no
8787 20 circumstances shall an employee be credited with paid leave
8888 21 that is less than what the employee would have accrued under
8989 22 subsections (a) and (g) of this Section.
9090 23 (d) The 12-month period may be any consecutive 12-month
9191 24 period designated by the employer in writing at the time of
9292 25 hire. Changes to the 12-month period may be made by the
9393 26 employer if notice is given to employees in writing prior to
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104104 1 the change and the change does not reduce the eligible accrual
105105 2 rate and paid leave available to the employee. If the employer
106106 3 changes the designated 12-month period, the employer shall
107107 4 provide the employee with documentation of the balance of
108108 5 hours worked, paid leave accrued and taken, and the remaining
109109 6 paid leave balance.
110110 7 (e) Paid leave under this Act may be taken by an employee
111111 8 for any reason of the employee's choosing. An employee is not
112112 9 required to provide an employer a reason for the leave and may
113113 10 not be required to provide documentation or certification as
114114 11 proof or in support of the leave. An employee may choose
115115 12 whether to use paid leave provided under this Act prior to
116116 13 using any other leave provided by the employer or State law.
117117 14 (f) Employees shall be paid their hourly rate of pay for
118118 15 paid leave. However, employees engaged in an occupation in
119119 16 which gratuities or commissions have customarily and usually
120120 17 constituted and have been recognized as part of the
121121 18 remuneration for hire purposes shall be paid by their employer
122122 19 at least the full minimum wage in the jurisdiction in which
123123 20 they are employed when paid leave is taken. This wage shall be
124124 21 treated as the employee's regular rate of pay for purposes of
125125 22 this Act.
126126 23 (g) Paid leave under this Act shall begin to accrue at the
127127 24 commencement of employment or on the effective date of this
128128 25 Act, whichever is later. Employees shall be entitled to begin
129129 26 using paid leave 90 days following commencement of their
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140140 1 employment or 90 days following the effective date of this
141141 2 Act, whichever is later.
142142 3 (h) Paid leave under this Act shall be provided upon the
143143 4 oral or written request of an employee in accordance with the
144144 5 employer's reasonable paid leave policy notification
145145 6 requirements which may include the following:
146146 7 (1) If use of paid leave under this Act is
147147 8 foreseeable, the employer may require the employee to
148148 9 provide 7 calendar days' notice before the date the leave
149149 10 is to begin.
150150 11 (2) If paid leave under this Act is taken due to an
151151 12 emergency not foreseeable, the employee shall provide such
152152 13 notice as soon as is practicable after the employee is
153153 14 aware of the necessity of the leave. An employer may
154154 15 require that an employee provide documentation of the
155155 16 emergency upon returning to work. An employer that
156156 17 requires notice of paid leave under this Act when the
157157 18 leave is taken due to an emergency not foreseeable shall
158158 19 provide a written policy that contains procedures for the
159159 20 employee to provide notice and procedures concerning
160160 21 required documentation for taking paid leave due to an
161161 22 emergency. For the purposes of this paragraph, "emergency"
162162 23 means an urgent situation that arises unexpectedly and
163163 24 requires an immediate response from the employee.
164164 25 (3) Employers shall provide employees with written
165165 26 notice of the paid leave policy notification requirements
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176176 1 in this Section in the manner provided in Section 20 for
177177 2 notice and posting and within 5 calendar days of any
178178 3 change to the employer's reasonable paid leave policy
179179 4 notification requirements.
180180 5 (4) An employer may not require, as a condition of
181181 6 providing paid leave under this Act, that the employee
182182 7 search for or find a replacement worker to cover the hours
183183 8 during which the employee takes paid leave.
184184 9 (i) Except as provided in subsection (c), paid leave under
185185 10 this Act shall carry over annually to the extent not used by
186186 11 the employee, provided that nothing in this Act shall be
187187 12 construed to require an employer to provide more than 40 hours
188188 13 of paid leave for an employee in the 12-month period unless the
189189 14 employer agrees to do so.
190190 15 (j) Nothing in this Section or any other Illinois law or
191191 16 rule shall be construed as requiring financial or other
192192 17 payment to an employee from an employer upon the employee's
193193 18 termination, resignation, retirement, or other separation from
194194 19 employment for paid leave accrued under this Act that has not
195195 20 been used. Nothing in this Section or any other Illinois law or
196196 21 rule shall be construed as requiring financial or other
197197 22 reimbursements to an employee from an employer for unused paid
198198 23 leave under this Act at the end of the benefit year or any
199199 24 other time.
200200 25 (k) If an employee is transferred to a separate division,
201201 26 entity, or location, but remains employed by the same
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212212 1 employer, the employee is entitled to all paid leave accrued
213213 2 at the prior division, entity, or location and is entitled to
214214 3 use all paid leave as provided in this Section. If there is a
215215 4 separation from employment and the employee is rehired within
216216 5 12 months of separation by the same employer, previously
217217 6 accrued paid leave that had not been used by the employee shall
218218 7 be reinstated. The employee shall be entitled to use accrued
219219 8 paid leave at the commencement of employment following a
220220 9 separation from employment of 12 months or less.
221221 10 (l) Paid leave under this Act shall not be charged or
222222 11 otherwise credited to an employee's paid time off bank or
223223 12 employee account unless the employer's policy permits such a
224224 13 credit. If the paid leave under this Act is credited to an
225225 14 employee's paid time off bank or employee vacation account
226226 15 then any unused paid leave shall be paid to the employee upon
227227 16 the employee's termination, resignation, retirement, or other
228228 17 separation to the same extent as vacation time under existing
229229 18 Illinois law or rule. Nothing in this Act shall be construed to
230230 19 waive or otherwise limit an employee's right to final
231231 20 compensation for promised and earned, but unpaid vacation time
232232 21 or paid time off, as provided under the Illinois Wage Payment
233233 22 and Collection Act and rules. Employers shall provide
234234 23 employees with written notice of changes to the employer's
235235 24 vacation time, paid time off, or other paid leave policies
236236 25 that affect an employee's right to final compensation for such
237237 26 leave.
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248248 1 (m) During any period an employee takes leave under this
249249 2 Act, the employer shall maintain coverage for the employee and
250250 3 any family member under any group health plan for the duration
251251 4 of such leave at no less than the level and conditions of
252252 5 coverage that would have been provided if the employee had not
253253 6 taken the leave. The employer shall notify the employee that
254254 7 the employee is still responsible for paying the employee's
255255 8 share of the cost of the health care coverage, if any.
256256 9 (n) Nothing in this Act shall be deemed to interfere with,
257257 10 impede, or in any way diminish the right of employees to
258258 11 bargain collectively with their employers through
259259 12 representatives of their own choosing in order to establish
260260 13 wages or other conditions of work in excess of the applicable
261261 14 minimum standards established in this Act. The paid leave
262262 15 requirements of this Act may be waived in a bona fide
263263 16 collective bargaining agreement, but only if the waiver is set
264264 17 forth explicitly in such agreement in clear and unambiguous
265265 18 terms.
266266 19 Nothing in this Act shall be deemed to affect the validity
267267 20 or change the terms of bona fide collective bargaining
268268 21 agreements in effect on January 1, 2024. After that date,
269269 22 requirements of this Act may be waived in a bona fide
270270 23 collective bargaining agreement, but only if the waiver is set
271271 24 forth explicitly in such agreement in clear and unambiguous
272272 25 terms.
273273 26 In no event shall this Act apply to any employee working in
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284284 1 the construction industry who is covered by a bona fide
285285 2 collective bargaining agreement, nor shall this Act apply to
286286 3 any employee who is covered by a bona fide collective
287287 4 bargaining agreement with an employer that provides services
288288 5 nationally and internationally of delivery, pickup, and
289289 6 transportation of parcels, documents, and freight.
290290 7 Notwithstanding the provisions of this subsection, nothing
291291 8 in this Act shall be deemed to affect the validity or change
292292 9 the terms of a bona fide collective bargaining agreement
293293 10 applying to an employee who is employed by a State agency that
294294 11 is in effect on July 1, 2024. After that date, requirements of
295295 12 this Act may be waived in a bona fide collective bargaining
296296 13 agreement, but only if the waiver is set forth explicitly in
297297 14 such agreement in clear and unambiguous terms. As used in this
298298 15 subsection, "State agency" has the same meaning as set forth
299299 16 in Section 4 of the Forms Notice Act.
300300 17 (o) An agreement by an employee to waive his or her rights
301301 18 under this Act is void as against public policy.
302302 19 (p) The provisions of this Act shall not apply to any
303303 20 employer that is covered by a municipal or county ordinance
304304 21 that is in effect on the effective date of this Act that
305305 22 requires employers to give any form of paid leave to their
306306 23 employees, including paid sick leave or paid leave.
307307 24 Notwithstanding the provisions of this subsection, any
308308 25 employer that is not required to provide paid leave to its
309309 26 employees, including paid sick leave or paid leave, under a
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