Illinois Laws That May Be Relevant to HR Professionals in 2024
In this article, I will present a number of new laws that are taking effect or have taken effect in 2024 that are likely relevant to small, medium, and large businesses domiciled in Illinois or that have employees in Illinois. I hope this information is useful to the HR professional, entrepreneur, or anybody else who is curious. Please allow me to take this opportunity to state that I am a humble computer geek (more specifically, a Software Solutions Architect) and that law is not my primary profession. In other words, I am not a lawyer. Please consult the legal team at your organization or other legal counsel to confirm the accuracy of the information presented here, especially before acting upon it. I’ve chosen to focus on the dozen or so laws that I think are likely to be most important to HR professionals, however, this list is non-exhaustive and I strongly encourage you to do your research and fact-checking.
Illinois Paid Leave for All Workers Act (PLAW)
Front and center is the Paid Leave for All Workers Act, or PLAW Act. This important new piece of legislation, which took effect on January 1, 2024, brings significant changes to employment regulations in the state. Here are the major highlights:
- Leave Accrual and Usage: Employees accrue one hour of paid leave for every 40 hours worked, up to a maximum of 40 hours in a 12-month period. This leave can be used for any reason, and employers cannot require employees to provide a basis for their time off request (820 ILCS 192/15).
- Eligibility: The Act applies to most employees in Illinois, including full-time and part-time workers, with some exclusions like temporary part-time student employees at state colleges and universities (820 ILCS 192/10). Employers of any size are covered, including most state and local government employers. However, it does not preempt local ordinances like the Chicago Minimum Wage and Paid Sick Leave Ordinance or the Cook County Earned Sick Leave Ordinance (820 ILCS 192/15 subsection (p)).
- Carryover and Front-loading Options: Employers can choose between an accrual system or a front-loading system for leave. Under the accrual system, unused paid leave can be carried over to the next year, while in the front-loading system, 40 hours of paid leave are provided at the start of the period, without a requirement for carryover (820 ILCS 192/15 subsections (c) and (i)).
- Pay Requirements: Employees must be paid their normal hourly rate during leave. For employees earning gratuities or commissions, the pay rate will be at least the minimum wage. Employers are not required to pay out unused leave upon separation unless it has been credited to the employee’s paid time off or vacation banks (820 ILCS 192/15 subsections (f) and (l)).
- Notice and Recordkeeping Requirements: Employers are required to provide notice of the Act’s requirements in the workplace and in employee handbooks. They must also keep records of hours worked, paid leave accrued and taken, and remaining paid leave balance for at least three years (820 ILCS 192/20).
- Enforcement and Remedies: The Illinois Department of Labor (IDOL) is responsible for administering and enforcing the Act. Violations can result in civil suits and penalties, including compensatory damages and fines (820 ILCS 192/30).
- Employee Notice and Documentation: Employers may require up to seven days’ notice for foreseeable leave, or as soon as practicable for unforeseeable leave. They cannot require employees to provide documentation for leave or to find a replacement worker (820 ILCS 192/15 subsection (h)).
This Act represents a significant step in employee rights and workplace flexibility in Illinois, mandating paid leave for virtually all workers for any reason, thus promoting a healthier work-life balance. If you are an HR professional or small business owner and you have employees in Illinois, even those who are working remotely, then you owe it to yourself and your organization to consult with legal counsel and to understand the implications of this monumental law.
Related Links:
- Illinois General Assembly Chapter 820 — EMPLOYMENT
- Illinois Department of Labor — Paid Leave for All Workers Act Notice
- Illinois Department of Labor — Paid Leave for All Workers Act FAQ
Additional Illinois Employment Acts Taking Effect That You Should Probably Know About
The following is a non-exhaustive list of bills that involve labor law or that you may otherwise be interested in. All are effective 1/1/2024.
Provides an employer may be liable for the actions of an employee if they were performing their employment duties and during it they caused injuries to another under the gender violence act. Establishes a 4-year statute of limitation to bring a claim of gender related violence.
Prohibits the use of electronic cigarettes in public places and within 15 feet of entrances.
Allows full-time employees in Cook County to use pre-tax dollars, via payroll deduction, for the purchase of a transit pass.
Provides the names of various offenses that do not bar an individual from being hired by a health care employer.
Directs the Department of Financial and Professional Regulation to refuse to issue or renew, or suspend the professional license of any individual or entity which has been found by the Workers’ Compensation Commission or Department of Insurance to not have obtained workers’ compensation insurance coverage.
Ensures that rate increases on accident and health insurance for all individual and small groups must be subject to review and approvals by the Department of Insurance.
Provides two weeks of unpaid leave for employees whose family or household member was killed in a crime of violence.
Provides that in a labor dispute, a court should not grant an award for money damages except in the case of damage to an employer’s personal property as a result of conduct prohibited by law.
Expands newly hired employees to include individuals under an independent contractor arrangement for the purposes of tracking non-custodial parents who are not paying child support.
Allows employees up to 10 days of paid leave in any 12 month period to serve as an organ donor. Applicable for employees of any unit of local government, board of election commissioners, or any private employer in Illinois with 51 or more employees.
Allows Illinois Department of Employment Security to collaborate with the Illinois Department of Healthcare and Family Services to identify employment opportunities for individuals who are in arrears on child support obligations.
Provides for updated and modernized procedures, including allowing for electronic payment of fines for violation of labor laws, electronic copies of personnel records and electronic posting of labor rights information for remote employees.
Clarifies that education support personnel employees may not be required to work on legal school holidays and that no deduction may be made from time or compensation on account of a holiday on which the employee would have otherwise worked.
Provides extended bereavement leave to employees who have lost a child to suicide or homicide. For employers with 250 or more full-time employees, employees are provided twelve weeks of unpaid leave.
Related Links:
- Illinois Bills Going Into Effect in 2024
- Illinois General Assembly — Public Acts
Conclusion
The state of Illinois has made many changes to employment and labor law going into 2024, the most notable of which is the Illinois Paid Leave for All Workers Act (PLAW). If you are an HR professional, small business owner or other interested party, this involves you. It pays to be informed, consult with legal counsel, and take appropriate action to make sure that you are abiding by the law and your business runs smoothly.
