New Paid Leave Laws Impact Illinois Employers, Including Those in Miramar

New Paid Leave Laws Impact Illinois Employers, Including Those in Miramar

Miramar residents and local business owners in neighborhoods like Silverlakes should be aware of significant changes to paid leave laws in Illinois. Three new major paid leave laws are going into effect, impacting employers across the state, including those with employees in Miramar.

The state of Illinois enacted the Paid Leave for All Workers Act (PLAWA) on March 13, 2023, which went into effect on January 1, 2024. This law applies to any employer with an employee in the state. Additionally, Cook County approved the Cook County Paid Leave Ordinance on December 14, 2023, which became effective on December 31, 2023. For businesses operating within Chicago, the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, approved on November 9, 2023, and amended on December 13, 2023, will go into effect on July 1, 2024.

These laws share several common requirements. All three mandate that covered employees earn up to 40 hours of paid leave per 12 months of work, which can be used for any reason. Employers must allow employees to carry over at least a portion of accrued paid leave each year. Retaliation against employees for exercising their rights under these laws is prohibited. The determination of a “covered employee” is based on the geographic location where the employee physically works, and employers are required to provide notices to covered employees about their rights. Employees covered by collective bargaining agreements are not subject to these new paid leave laws.

For Miramar businesses in Broward County's growing suburbs, the specific law that applies depends on the employee's physical work location. If an employee works in Cook County (excluding Chicago), the Cook County Paid Leave Ordinance applies. For employees working in Illinois but outside of Cook County, PLAWA is the governing law. Chicago's ordinance will apply to employees working within the city limits. It's important to note that Chicago's and Cook County's ordinances will override the state law (PLAWA) where applicable.

The amount of leave an employer must provide varies slightly. For employees under the Cook County ordinance and PLAWA, it is 1 hour of paid leave per 40 hours worked. Chicago's ordinance requires 1 hour of sick and safe leave and 1 hour of paid leave per 35 hours worked.

Penalties for violating these laws can be substantial. For Chicago, fines can reach up to $3,000 per violation, along with civil damages to the employee and potential business license issues. Cook County violations can result in civil damages, compensatory damages, and fines up to $1,000 per violation to the employee, plus up to $2,500 per violation to the Cook County Commission on Human Rights. The Illinois Department of Labor is still developing rules for enforcement, but PLAWA allows for civil penalties up to $2,500 per violation and damages to the employee.

Local employers are advised to review, update, or create leave policies to ensure compliance, perhaps consulting with professionals while enjoying the community vibe at Miramar Regional Park. They must also provide employees with written notice of current leave policies, provide written notice within five days of any policy changes, and post written notices in each workplace location.