Illinois
Verified March 2026Illinois Paid Leave for All Workers Act
820 ILCS 192
Illinois's Paid Leave for All Workers Act requires employers to provide employees with at least 40 hours of paid leave per year that can be used for any reason, including mental health days, medical appointments, caregiving, or personal needs. This makes Illinois one of the few states where workers can take paid time off specifically for mental health without needing to justify the reason to their employer.
The law covers nearly all Illinois workers, including part-time employees. Leave accrues at a rate of at least 1 hour for every 40 hours worked, and employees can begin using leave after 90 days of employment. Employers cannot require employees to provide a reason for using their leave, preserving privacy around mental health needs.
For longer-term leave needs, Illinois workers may rely on the federal FMLA (for eligible employees) or the Illinois Employee Sick Leave Act, which allows employees to use their personal sick leave to care for family members. Illinois does not yet have a comprehensive paid family and medical leave insurance program like some other states.
Illinois enforces strong anti-discrimination protections through the Illinois Human Rights Act (IHRA), which prohibits disability discrimination, including mental health conditions, for employers with 1 or more employees (expanded from 15+ to cover all employers since July 2020). The Illinois Department of Human Rights (IDHR) investigates complaints. Illinois also has robust mental health parity requirements ensuring equal insurance coverage.
Employer Size
1+ employees
Leave Duration
40 hours accrued
Paid Leave
Yes
Additional Protections
Illinois Employee Sick Leave Act
Allows employees to use their personal sick leave benefits to care for an ill or injured family member on the same terms as they would use sick leave for their own illness.
820 ILCS 191
Victims' Economic Security and Safety Act (VESSA)
Provides up to 12 weeks of unpaid leave for victims of domestic violence, sexual violence, or gender violence to address safety, legal, and health needs.
820 ILCS 180
Mental Health Parity
Illinois requires insurance plans to cover mental health and substance use disorder services at parity with medical and surgical benefits, including coverage for serious mental illnesses.
215 ILCS 5/370c
1. Request Paid Leave from Your Employer
- Provide your employer with notice as required by their leave policy (at least 7 days if foreseeable).
- You do not need to provide a reason for taking leave under the Paid Leave for All Workers Act.
- Leave begins accruing on your first day of employment and can be used after 90 days.
2. File a Complaint for Leave Violations
- Visit the Illinois Department of Labor website.
- File a complaint if your employer denies your paid leave, retaliates against you, or fails to comply with the law.
- Include documentation of your leave request and your employer's response.
3. File a Discrimination Complaint
- Visit the Illinois Department of Human Rights website.
- File within 2 years of the discriminatory act (extended from 300 days effective January 2025).
- Complete the complaint form detailing the discrimination or retaliation related to your disability or mental health condition.
Important Deadlines
- 7 days - Advance notice recommended for foreseeable paid leave (if employer requires it)
- 90 days - Waiting period before new employees can begin using accrued paid leave
- 2 years - Deadline to file a discrimination complaint with IDHR (extended from 300 days effective January 2025)
- 300 days - Deadline to file a charge with the federal EEOC
Official Resources
Frequently Asked Questions
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