Leave Rights Division

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Law

Description

Employee Eligibility

Amount of Leave

Allowable Use

Must Leave Be Paid

Paid Leave for All Workers Act (820 ILCS 192/1)

Paid time off from work that can be used for any reason

An individual permitted to work by an employer

Up to 40 hours of paid leave per year

Any reason of the employee’s choosing

Yes – at the employee’s base hourly rate

Employee Sick Leave Act (820 ILCS 191/1)

*Does NOT require employers to provide paid sick leave benefits*

If an employer does provide sick leave, the employer must allow employees to use portion of paid sick leave to care for covered family member

No specific definition in the Act; thus, a broad interpretation is applied.

Whatever amount is provided by the employer

At least 50% of paid sick leave benefits must be allowed to care for covered family member

Yes – based on employer’s paid sick leave policy

Victims’ Economic Security & Safety Act (820 ILCS 180/1)

Unpaid but job-protected leave for victims of domestic, sexual, gender violence or any other crime of violence

Any person employed by an employer

4 weeks

- Seeking medical attention or recovering from physical or psychological injuries;

- Obtaining services from a victim service organization;

- Obtaining psychological or other counseling;

- Participating in safety planning, relocation, or taking other actions to increase safety;

- Seeking legal assistance or remedies, including preparing for or participating in any civil, criminal, or military legal proceeding;

- Attending the funeral or wake of family or household member;

- Making arrangements necessitated by death of family or household member;

- Grieving death of family or household member

No, but employee may choose to substitute unpaid leave with any paid leave available and offered by the employer

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Law	Description	Employee Eligibility	Amount of Leave	Allowable Use	Must Leave Be Paid?
Paid Leave for All Workers Act (820 ILCS 192/1)	Paid time off from work that can be used for any reason	An individual permitted to work by an employer	Up to 40 hours of paid leave per year	Any reason of the employee’s choosing	Yes – at the employee’s base hourly rate
Employee Sick Leave Act (820 ILCS 191/1)	Does NOT require employers to provide paid sick leave benefits If an employer does provide sick leave, the employer must allow employees to use portion of paid sick leave to care for covered family member	No specific definition in the Act; thus, a broad interpretation is applied.	Whatever amount is provided by the employer	At least 50% of paid sick leave benefits must be allowed to care for covered family member	Yes – based on employer’s paid sick leave policy
Victims’ Economic Security & Safety Act (820 ILCS 180/1)	Unpaid but job-protected leave for victims of domestic, sexual, gender violence, or any other crime of violence	Any person employed by an employer	8 weeks	- Seeking medical attention or recovering from physical or psychological injuries; - Obtaining services from a victim service organization; - Obtaining psychological or other counseling; - Participating in safety planning, relocation, or taking other actions to increase safety; - Seeking legal assistance or remedies, including preparing for or participating in any civil, criminal, or military legal proceeding; - Attending the funeral or wake of family or household member; - Making arrangements necessitated by death of family or household member; - Grieving death of family or household member	No, but employee may choose to substitute unpaid leave with any paid leave available
Family Neonatal Intensive Care Leave Act (820 ILCS 157/1)[1]	Unpaid but job-protected leave while a child is in the neonatal intensive care unit	An individual permitted to work by an employer. This law takes effect on June 1, 2026.	10 days	Employees entitled to leave for the maximum number of days or the length of time the child is a patient in the NICU, whichever is less.	No, but the employee may choose to substitute unpaid leave with any paid leave available.

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Law	Description	Employee Eligibility	Amount of Leave	Allowable Use	Must Leave be Paid	Does Law Interact with FMLA?
Paid Leave for All Workers Act (820 ILCS 192/1)	Paid time off from work that can be used for any reason	An individual permitted to work by an employer	Up to 40 hours of paid leave per year	Any reason of the employee’s choosing	Yes – at the employee’s base hourly rate	Per federal regulations, employer may require employees to use paid leave time while on FMLA leave
Employee Sick Leave Act (820 ILCS 191/1)	Does NOT require employers to provide paid sick leave benefits If an employer does provide sick leave, the employer must allow employees to use portion of paid sick leave to care for covered family member	No specific definition in the Act; thus, a broad interpretation is applied.	Whatever amount is provided by the employer	At least 50% of paid sick leave benefits must be allowed to care for covered family member	Yes – based on employer’s paid sick leave policy	It does not interact with FMLA.
Victims’ Economic Security & Safety Act (820 ILCS 180/1)	Unpaid but job-protected leave for victims of domestic, sexual, gender violence, or any other crime of violence	Any person employed by an employer	12 weeks	- Seeking medical attention or recovering from physical or psychological injuries; - Obtaining services from a victim service organization; - Obtaining psychological or other counseling; - Participating in safety planning, relocation, or taking other actions to increase safety; - Seeking legal assistance or remedies, including preparing for or participating in any civil, criminal, or military legal proceeding; - Attending the funeral or wake of family or household member; - Making arrangements necessitated by death of family or household member; - Grieving death of family or household member	No, but employee may choose to substitute unpaid leave with any paid leave available	VESSA leave is not in addition to FMLA leave.
Family Neonatal Intensive Care Leave Act (820 ILCS 157/1)	Unpaid but job-protected leave while a child is in the neonatal intensive care unit	An individual permitted to work by an employer	20 days	Employees entitled to leave for the maximum number of days or the length of time the child is a patient in the NICU, whichever is less.	No, but the employee may choose to substitute unpaid leave with any paid leave available.	NICU leave is in addition to FMLA leave.
Family Bereavement Leave Act (820 ILCS 154/1)	Unpaid but job-protected leave following the death of a covered family member or qualifying reproductive event	Any employee eligible to receive FMLA leave	10 days	Bereavement leave to: - Attend the funeral or alternative of a covered family member; - Make arrangements necessitated by the death of a covered family member; - Grieve the death of a covered family member; or - Be absent from work due to (i) miscarriage; (ii) unsuccessful round of IUI or IVF; (iii) failed adoption match or contested adoption; (iv) failed surrogacy agreement; (v) diagnosis that negatively impacts pregnancy or fertility; or (vi) stillbirth.	No, but the employee may choose to substitute unpaid leave with any paid leave available.	FBLA leave is not in addition to FMLA leave.
Child Extended Bereavement Leave Act (820 ILCS 156/1)	Unpaid but job-protected leave following the death of a child by homicide or suicide	Full-time employee of large or small employer who has worked for at least 2 weeks	50-249 ees: 6 weeks 250 ees: 12 weeks	Employees entitled to this unpaid leave if they experience the loss of a child by homicide or suicide.	No, but the employee may choose to substitute unpaid leave with any paid leave available.	CEBLA leave is not in addition to FMLA leave.
Family and Medical Leave Act of 1993 (29 USC 2601) *NOT Enforced by IDOL. Visit https://www.dol.gov/agencies/whd/fmla	Unpaid but job-protected leave following the birth of a child, to deal with a serious medical illness of employee or family member	Employee who has worked at least 1,250 hours in the preceding 12-month period and has worked at least 12 months for an employer who has at least 50 employees within a 75-mile radius	12 weeks	Employees entitled to use this unpaid leave for: - The birth of a child and to care for a newborn child within 1 year of birth; - The placement with the employee of a child for adoption or foster care and to care for the newly placed child within 1 year of placement; - To care for the employee’s spouse, child, or parent who has a serious health condition; - A serious health condition that make the employee unable to perform the essential functions of his or her job; or - Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on covered active duty	No, but the employee may choose OR the employer may require the employee to use paid leave concurrently with FMLA leave.