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Elmhurst, IL Employment Preemption: Paid Leave Preemption (2026)

Heavy Restrictions

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Key Facts

Statute: 820 ILCS 192
Effective: January 1, 2024
Annual Leave: Up to 40 hours
Local Carve-Outs: Chicago and Cook County

Illinois state rule: Elmhurst does not have a local ordinance for paid leave preemption. This topic is governed by Illinois state law and applies uniformly across the state.

Summary

The Paid Leave for All Workers Act guarantees up to 40 hours of paid leave annually for nearly every Illinois employee, with limited carve-outs for jurisdictions with existing ordinances.

Full Breakdown

The Paid Leave for All Workers Act (820 ILCS 192), effective January 1, 2024, requires employers to provide up to 40 hours of paid leave per 12-month period that workers may use for any reason. Leave accrues at one hour per 40 worked. Section 192/15(p) exempts employees in Cook County and the City of Chicago whose employers are already covered by the local Cook County Earned Sick Leave Ordinance or Chicago Paid Leave and Paid Sick and Safe Leave Ordinance. The Department of Labor enforces compliance and adopts implementing rules.

Violations & Fines

Employers face civil penalties of $500 to $1,000 per violation, plus damages for unpaid leave, compensatory damages, and attorney fees recoverable through the Department of Labor.

Frequently Asked Questions

Who qualifies for Illinois paid leave?

Almost all Illinois employees, including part-time and domestic workers, accrue paid leave under the Paid Leave for All Workers Act. Workers in Chicago or Cook County are covered by the local equivalent ordinance.

Do employees need a reason to use paid leave?

No. The Paid Leave for All Workers Act expressly allows workers to use accrued paid leave for any reason without requiring documentation, after a 90-day initial employment period.

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Elmhurst, IL Employment Preemption: Paid Leave Preemption (2026)

Key Facts

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

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