Illinois Workers Can Soon Take Up To 40 Hours of Paid Leave “For Any Reason.” What Employers Need to Know About The Paid Leave For All Workers Act.
Jordan Uditsky • April 12, 2023
When Gov. JB Pritzker signed the Paid Leave For All Workers Act (the Act) into law on March 13, 2023, he made Illinois one of only three states that require employers to grant workers paid leave that they can use “for any reason,” not just illness. This statewide paid leave requirement comes in the wake of existing paid leave ordinances in Cook County and the City of Chicago. The interaction of those two ordinances with the new state law is one of several nuances Illinois employers must understand as they prepare to comply with the Act.
Those nuances make it advisable for employers to consult with experienced employment counsel as they review, modify, or establish paid leave policies in light of the Act. But here are some fundamental aspects of the law that can help you get ready for this major change in Illinois employment law.
The Act Covers Almost All Private Illinois Employers
Almost all private employers in Illinois, regardless of size, are subject to the Act, as are state and local governments. Notably, those who employ domestic workers will also need to provide paid leave.
However, the following employers are exempt from the Act’s leave requirements:
- School districts organized under the School Code or park districts organized under the Park District Code.
- Certain railroad employees.
- Temporary college or university student employees.
- Certain short-term employees of an institution of higher learning.
- Employees in the construction industry or who work for a freight, parcel, or document delivery company and are covered by a bona fide collective bargaining agreement (CBA).
Cook County and Chicago Employers Will Not Need To Comply With the Act
Most employers in the City of Chicago and Cook County already have an obligation to provide employees with paid leave under the Chicago Minimum Wage and Paid Sick Leave Ordinance and Cook County Earned Sick Leave Ordinance, respectively.
The Act specifies that it does not apply to employers covered by a “municipal or county ordinance,” such as Chicago’s and Cook County’s, “that requires employers to give any form of paid leave to their employees, including paid sick leave or paid leave.” Accordingly, Cook County and Chicago employers covered by those ordinances will not need to comply with the Act, and such employers do not need to provide employees with an additional 40 hours of paid leave. The Act does apply to employees who are not currently covered by those ordinances.
However, there is a significant chance that both Cook County and Chicago will amend their paid leave ordinances to match the broader “for any reason” rights provided by the Act. Any amendments made after the Act’s effective date “must comply with the requirements of this Act or provide benefits, rights, and remedies that are greater than or equal to the benefits, rights, and remedies” afforded by the Act. Cook County and Chicago employers should prepare for such a possibility.
Amount, Accrual, and Use of Paid Leave
Employees covered under the Act will be entitled to earn and use up to a minimum of 40 hours of paid leave during a 12-month period, which may be any consecutive 12-month period the employer designates in writing at the time of the employee’s hiring.
Employees are eligible to begin taking leave 90 days after their employment begins or 90 days after Jan. 1, 2024, whichever is later. The Act also contains detailed provisions regarding calculating hours, accrual and carry-over, and obligations upon an employee’s termination or departure.
Perhaps the most distinguishing aspect of the Act is that employees can take paid leave “for any reason of the employee's choosing,” not just illness-related reasons. An employee does not have to tell their employer why they are taking leave, and employers cannot require an employee to provide documentation or certification as proof or in support of the leave request.
While an employer can’t ask why an employee is taking paid leave, it can require that an employee provide up to seven calendar days’ notice before taking paid leave if the need for the leave is foreseeable. If an employee’s use of paid leave is not foreseeable, the employee must provide notice as soon as it is practicable. An employer that requires notice of paid leave under this Act when the leave is not foreseeable must provide a written policy that contains procedures for the employee to provide notice.
Notice and Recordkeeping Requirements
The Act requires that employers conspicuously post a notice in the workplace advising employees of their rights under the Act and how to file a complaint alleging non-compliance with its provisions. Employers must also maintain records for at least three years reflecting each employee’s hours worked, the amount of paid leave accrued and taken, and any remaining paid leave balance.
Anti-Retaliation Provisions and Penalties For Violations
As with most employment laws, the Act prohibits retaliation against employees for exercising their rights under the Act or reporting alleged violations.
While the Act does not establish a private cause of action, employers who violate the Act face:
- Civil penalties of $500 for an initial posting violation and $1,000 for each subsequent violation;
- General civil penalties of $2,500 for each violation (other than a posting violation);
- An Illinois Department of Labor complaint initiated by an employee, allowing them to recover for underpayment, compensatory damages, and attorney’s fees and costs, as well as a penalty of $500 to $1,000.
As noted, these are only the broad strokes of the new paid leave law. Employers should consult with an employment law attorney to understand their specific obligations and establish or update their paid leave policies to ensure compliance before the Jan. 1, 2024 effective date.
At Grogan, Hesse & Uditsky, P.C., we focus a substantial part of our practice on providing exceptional legal services for dentists and dental practices, as well as orthodontists, periodontists, endodontists, pediatric dentists, and oral surgeons. We bring unique insights and deep commitment to protecting the interests of dental professionals and their practices and welcome the opportunity to work with you.
Please call us at (630) 833-5533 or contact us online to arrange for your free initial consultation.
Jordan Uditsky, an accomplished businessman and seasoned attorney, combines his experience as a legal counselor and successful entrepreneur to advise dentists and other business owners in the Chicago area. Jordan grew up in a dental family, with his father, grandfather, and sister each owning their own dental practices, and this blend of legal, business, and personal experience provides Jordan with unique insight into his clients’ needs, concerns, and goals.
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If you are a dental professional considering a sale or merger, please contact us at ddslawyers.com at (630) 833-5533 or contact us online to arrange for your complimentary initial consultation. We focus a substantial part of our practice on providing exceptional legal services for dentists and dental practices, as well as orthodontists, periodontists, endodontists, pediatric dentists, and oral surgeons. We bring unique insights and deep commitment to protecting the interests of dental professionals and their practices and welcome the opportunity to work with you. Jordan Uditsky, an accomplished businessman and seasoned attorney, combines his experience as a legal counselor and successful entrepreneur to advise dentists and other business owners in the Chicago area. Jordan grew up in a dental family, with his father, grandfather, and sister each owning their own dental practices, and this blend of legal, business, and personal experience provides Jordan with unique insight into his clients’ needs, concerns, and goals.
Many dentists and dental practices offer financing arrangements as a way to help patients, especially the uninsured, pay for their care and treatment. For those who utilize third-party vendors for such financing, recently enacted amendments to the Illinois Dental Practice Act impose new disclosure and transparency obligations on dentists and practices and place limits on what staff can do and say in their interactions with patients regarding the subject. The amendments became effective January 1, 2025. With other states enacting or considering similar legislation regarding external patient financing for health care providers, these changes serve as a reminder to dentists in every jurisdiction about the importance of staying up to date on changes in their state’s laws and regulations. Here is what you need to know and do about these changes in order to ensure compliance once the calendar turns to the new year. No Establishing, Promoting, or Assisting With Third Party Financing A dentist, employee of a dentist, or agent of a dentist may not “arrange for, broker, or establish financing extended by a third party for a patient.” That term encompasses and prohibits submitting an application to a third-party creditor, lender, or creditor's intermediary for approval or rejection on behalf of a patient. It also prohibits dental practices from providing patients with software, links, or QR codes that have been customized with the practice’s branding. Practices can, however, provide patients with a third party’s marketing and advertising materials so long as they are not customized to the practice. Beyond providing or displaying generalized third-party advertising materials, dentists and staff cannot do much more in terms of helping a patient apply for or obtain financing. Anyone associated with a practice cannot do any of the following: Complete any portion of an application for financing extended by a third party for a patient or patient's guardian. Provide the patient or patient's guardian with an electronic device to apply for financing extended by a third party. Promote, advertise, or provide marketing or application materials for financing extended by a third party to a patient who has been administered or is under the influence of general anesthesia, conscious sedation, moderate sedation, or nitrous oxide; is being administered treatment; or is in a treatment area, including, but not limited to, an exam room, surgical room, or other area when medical treatment is administered, unless an area separated from the treatment area does not exist. Mandatory Disclosure When discussing or providing applications for financing extended by a third party, a dentist, employee of a dentist, or agent of a dentist must provide the following written notice in at least 14-point font: DENTAL SERVICES THIRD-PARTY FINANCING DISCLOSURE This is an application for a CREDIT CARD, LINE OF CREDIT, OR LOAN to help you finance or pay for your dental treatment. This credit card, line of credit, or loan IS NOT A PAYMENT PLAN WITH THE DENTIST'S OFFICE. It is a credit card, line of credit, or loan from a third-party financing company. Your dentist does not work for this company. Your dentist may not complete or submit an application for third-party financing on your behalf. You do not have to apply for a credit card, line of credit, or loan. You may pay your dentist for treatment in another manner. Your dentist's office may offer its own payment plan. You are encouraged to explore any public or private insurance options that may cover your dental treatment. The lender or creditor may offer a "promotional period" to pay back the credit or loan without interest. After any promotional period ends, you may be charged interest on portions of the balance that have already been paid. If you miss a payment or do not pay on time, you may have to pay a penalty and a higher interest rate. If you do not pay the money that you owe the creditor or lender, then your missed payments can appear on your credit report and could hurt your credit score. You could also be sued by the creditor or lender. If your dentist's office has completed or submitted an application for third-party financing on your behalf, you may file a complaint by contacting the Illinois Department of Financial and Professional Regulation at https://idfpr.illinois.gov/admin/dpr/dprcomplaint.html or by calling (312) 814-6910." Penalties for Non-Compliance A violation of these new rules and limitations is punishable by a fine of up to $500 for the first violation and a fine of up to $1,000 for each subsequent violation. IDFPR has the power to take additional disciplinary action as well. If you have any questions about these new requirements or third-party financing for dental services generally, please contact Jordan Uditsky at Grogan Hesse & Uditsky. We Focus on You So You Can Focus on Your Patients At Grogan Hesse & Uditsky, P.C., we focus a substantial part of our practice on providing exceptional legal services for dentists and dental practices, as well as orthodontists, periodontists, endodontists, pediatric dentists, and oral surgeons. We bring unique insights and deep commitment to protecting the interests of dental professionals and their practices and welcome the opportunity to work with you. Please call us at (630) 833-5533 or contact us online to arrange for your free initial consultation. Jordan Uditsky, an accomplished businessman and seasoned attorney, combines his experience as a legal counselor and successful entrepreneur to advise dentists and other business owners in the Chicago area. Jordan grew up in a dental family, with his father, grandfather, and sister each owning their own dental practices. This blend of legal, business, and personal experience provides Jordan with unique insight into his clients’ needs, concerns, and goals.
