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Illinois Leave Laws: Know Your Rights to Time Off

Illinois provides several leave protections for workers, including unique state laws that go beyond federal requirements. While Illinois does not have a state-paid family leave program (unlike California, New York, or Colorado), Illinois workers are protected by:

  • VESSA (Victims’ Economic Security and Safety Act) – 12 weeks leave for domestic/sexual violence victims
  • Federal FMLA – 12 weeks unpaid leave for qualifying medical and family reasons
  • School Visitation Rights Act – Time off for parent-teacher conferences
  • Chicago and Cook County Earned Sick Leave – Local paid sick leave ordinances
  • Jury Duty Leave – Protected time off for jury service
  • Voting Leave – Time off to vote

Understanding which leave laws apply to your situation and your employer’s obligations helps you take legally protected time off without risking your job.

VESSA: Victims’ Economic Security and Safety Act

Illinois’ VESSA provides leave for employees who are victims of domestic or sexual violence—one of the most comprehensive state laws of its kind.

Who Is Covered

Employees: All employees in Illinois (full-time, part-time, temporary)

Employers: All employers with 1 or more employees

This is broader than federal FMLA (which requires 50+ employees at worksite).

No minimum tenure required: Unlike FMLA’s 12-month employment requirement, VESSA has no minimum length of employment.

Who Can Take VESSA Leave

You qualify if you or a family member is a victim of:

  • Domestic violence
  • Sexual violence (sexual assault, abuse, harassment)

Family members covered:

  • Your child
  • Parent
  • Spouse
  • Sibling
  • Grandparent
  • Grandchild
  • Any person living in your household

Example: Your adult daughter is a victim of domestic violence. You can take VESSA leave to help her relocate to a safe shelter, attend court proceedings for an order of protection, and arrange counseling services.

How Much Leave

Up to 12 weeks (480 hours) per 12-month period

Unpaid leave: VESSA does not require paid leave (though employer may allow use of accrued vacation/PTO)

Intermittent leave allowed: Can take leave in increments (days, hours) rather than all at once

12-month period: Measured by any consistent method (calendar year, rolling backward, anniversary, etc.)

Reasons for VESSA Leave

Protected activities:

  • Medical care or counseling for victim or victim’s family member
  • Legal proceedings – Court dates, depositions, meetings with prosecutors or victim advocates
  • Obtaining order of protection or similar relief
  • Safety planning – Meeting with domestic violence advocates, developing safety plan
  • Relocation – Moving to safe housing to escape violence
  • Attending to other needs arising from domestic or sexual violence

Example: You’re a victim of domestic violence. Over 3 months, you take VESSA leave intermittently to:

  • Attend 2 court hearings for order of protection (2 days)
  • Meet with domestic violence counselor (4 appointments, 1 hour each)
  • Move to new apartment (3 days)
  • Attend follow-up counseling sessions (ongoing, 2 hours/week)

All of this leave is protected under VESSA.

Notice Requirements

Advance notice: Provide 48 hours advance notice when leave is foreseeable

Unforeseeable leave: Provide notice as soon as practicable if emergency prevents 48-hour notice

Certification: Employer can require reasonable certification of need for leave, such as:

  • Police report
  • Court documents (order of protection, subpoena)
  • Statement from domestic violence advocate, attorney, or counselor
  • Other documentation of domestic/sexual violence

Confidentiality: Employer must keep all information about VESSA leave confidential and cannot disclose without your consent (except as required by law).

Example: You learn your abusive ex-partner has been released from jail and you need to immediately relocate for safety. You notify your employer the same day and take 5 days of VESSA leave to move. Because this was an unforeseeable emergency, same-day notice satisfies VESSA requirements.

Job Protection

Restoration: Upon return from VESSA leave, you must be restored to your same position or equivalent position with equivalent:

  • Pay
  • Benefits
  • Working conditions
  • Seniority

Benefits continuation: If employer provides health insurance, coverage generally continues during VESSA leave (though you may need to pay your portion of premium)

Retaliation prohibited: Employer cannot fire, discipline, or retaliate against you for taking VESSA leave or requesting it

VESSA vs. FMLA

Feature VESSA FMLA
Employer size 1+ employees 50+ at worksite
Employee eligibility All employees 12 months tenure, 1,250 hours
Amount of leave 12 weeks/year 12 weeks/year
Reasons Domestic/sexual violence Medical, family medical, bonding, military
Paid or unpaid Unpaid (can use PTO) Unpaid (can use PTO)
Job protection Yes Yes

Can use both: If you qualify for both VESSA and FMLA for the same reason (e.g., medical care for domestic violence injury), leave may run concurrently (counted under both laws simultaneously).

Example: You work for a 100-employee company and have worked there for 2 years. You’re assaulted by a partner and need time off for medical care and legal proceedings. You qualify for both FMLA and VESSA. Your employer can designate the leave as both FMLA and VESSA, meaning 12 weeks of leave exhausts your entitlement under both laws (not 24 weeks total).

Federal FMLA (Family and Medical Leave Act)

FMLA provides unpaid, job-protected leave for qualifying medical and family reasons.

Who Is Covered

Covered employers:

  • Private employers with 50 or more employees within 75 miles of worksite
  • Public agencies (government employers of any size)
  • Schools (public and private, any size)

Eligible employees: Must meet all three:

  1. Worked for employer for 12 months (doesn’t need to be consecutive)
  2. Worked at least 1,250 hours in past 12 months (about 24 hours/week)
  3. Work at location where employer has 50+ employees within 75 miles

Example: You work for a 100-employee company with one location. You’ve worked there for 18 months and average 30 hours/week. You’re eligible for FMLA.

Not covered: Employees at small worksites (fewer than 50 employees within 75 miles), employees with less than 12 months tenure, or part-time employees who haven’t worked 1,250 hours.

Reasons for FMLA Leave

FMLA covers:

Your own serious health condition: Illness, injury, impairment, or physical/mental condition requiring inpatient care or continuing treatment by healthcare provider

  • Examples: Surgery, cancer treatment, pregnancy complications, mental health treatment, chronic conditions

Care for family member with serious health condition:

  • Spouse, child, or parent (not in-laws, siblings, or grandparents unless VESSA applies)

Birth of child and bonding: Newborn care within 12 months of birth

Adoption or foster placement: Bonding with newly placed child

Qualifying military exigency: Urgent needs arising from family member’s active duty or call to active duty

Military caregiver leave: Up to 26 weeks (not 12) in 12-month period to care for covered service member with serious injury/illness

Amount of Leave

Up to 12 weeks of unpaid leave in 12-month period

Exception: 26 weeks for military caregiver leave

Unpaid: FMLA doesn’t require paid leave, but employer may require (or you may choose) to use accrued paid leave (vacation, sick leave, PTO) during FMLA

Intermittent or reduced schedule: Can take leave intermittently (days or hours at a time) or work reduced schedule if medically necessary

Example: You have cancer and need chemotherapy every 2 weeks, requiring you to miss 2 days each time. You can take FMLA leave intermittently for these absences over several months until you’ve used 12 weeks total.

Notice and Certification

Advance notice: 30 days if leave is foreseeable; otherwise as soon as practicable

Medical certification: Employer can require healthcare provider certification documenting:

  • Serious health condition
  • Need for leave
  • Expected duration
  • Medical facts supporting need

Recertification: Employer can request updated certification every 30 days (or longer intervals)

Job Protection

Restoration: Upon return, you’re entitled to:

  • Same position you held before leave, or
  • Equivalent position with equivalent pay, benefits, and working conditions

Benefits continuation: Health insurance coverage continues during FMLA leave (though you pay your share of premium)

Retaliation prohibited: Illegal to fire, discipline, or retaliate for taking FMLA leave

“Key employee” exception: Highly paid employees (top 10% of workforce) can be denied restoration if it would cause substantial economic injury to employer (rare exception)

FMLA Violations

Common violations:

  • Denying leave to eligible employee
  • Firing or retaliating against employee for taking FMLA leave
  • Failing to restore employee to same/equivalent position
  • Interfering with employee’s FMLA rights

Remedies: Lost wages, damages, reinstatement, attorney’s fees

File complaint: U.S. Department of Labor, Wage and Hour Division or file lawsuit within 2 years (3 if willful)

School Visitation Rights Act

Illinois allows employees to take time off for school activities.

Who Is Covered

Covered employers: 50 or more employees

Eligible employees: All employees (no tenure requirement)

How Much Leave

Up to 8 hours per school year (doesn’t need to be taken all at once)

Can’t exceed 8 hours total per year, regardless of number of children

Reasons for Leave

Protected activities:

  • Parent-teacher conferences
  • Behavioral or discipline issues requiring parental attendance
  • School-sponsored activities during regular school hours
  • Academic progress discussions

Example: Your child’s teacher requests a parent-teacher conference during school hours. You can take 2 hours off work under the School Visitation Rights Act. Later in the year, you attend your child’s school play (1 hour) and a meeting about academic progress (1.5 hours). Total: 4.5 hours of your 8-hour annual entitlement used.

Notice Requirements

Reasonable notice: Must provide advance notice to employer when possible (generally at least 7 days, but law doesn’t specify exact timeframe)

Proof: Employer can require verification from school that you attended

Job Protection

Cannot be fired or disciplined for taking school visitation leave under this act

Paid or unpaid: Law doesn’t require paid leave; employer can require use of PTO/vacation or allow unpaid leave

Chicago and Cook County Earned Sick Leave

Chicago Paid Sick Leave Ordinance

Covers: Employees who work within Chicago city limits

All employers: Regardless of size

Accrual: 1 hour of paid sick leave per 40 hours worked

Cap: Up to 40 hours (5 days) per 12-month period

Uses:

  • Your own illness, injury, or medical care
  • Care for family member’s illness, injury, or medical care
  • Domestic violence, sexual assault, or stalking (medical care, legal services, counseling, relocation, safety planning)
  • Closure of workplace or child’s school due to public health emergency

Family members:

  • Child, parent, spouse, domestic partner
  • Sibling, grandparent, grandchild
  • Any person living in household

Carryover: Unused sick leave carries over to next year (subject to 40-hour annual cap on accrual)

Use: Can begin using sick leave after 180 days of employment

Notice: Provide notice as soon as practicable; employer can require reasonable notice (7 days for foreseeable leave)

Certification: Employer can require reasonable documentation for absences of 3+ consecutive days

Retaliation prohibited: Illegal to fire, discipline, or retaliate for using earned sick leave

Example: You work full-time (40 hours/week) at a Chicago restaurant. You accrue 1 hour of sick leave per week (40 hours worked). After 6 months (180 days), you can start using accrued sick leave. If you get the flu and miss 2 days (16 hours), you use your accrued sick leave and receive full pay for those hours.

Cook County Earned Sick Leave Ordinance

Covers: Employees who work in Cook County but outside Chicago city limits

All employers: Regardless of size

Accrual: 1 hour per 40 hours worked

Cap: Up to 40 hours per 12-month period

Uses: Same as Chicago (own illness, family care, domestic violence situations, public health emergencies)

Family members: Same broad definition as Chicago

Begin using: After 180 days of employment

Carryover: Unused leave carries over

Retaliation prohibited

Note: Cook County sick leave ordinance is substantially similar to Chicago’s, providing consistent coverage for suburban Cook County employees.

Jury Duty Leave

Illinois law protects employees serving jury duty.

Job Protection

Cannot be fired for missing work due to jury duty

Applies to all employers (any size)

Notice: Provide reasonable notice to employer (generally, show jury summons)

Paid or Unpaid

Illinois law does not require paid jury duty leave

Employer policies: Many employers provide paid leave for jury duty (check employee handbook)

Jury pay: You’ll receive nominal payment from court (typically $10-$50/day), but this doesn’t replace your wages

Example: You receive a jury summons requiring you to appear for 5 days. You notify your employer and provide a copy of the summons. Your employer cannot fire or discipline you for missing work during jury service. However, unless your employer’s policy provides paid jury leave, your time off may be unpaid.

Voting Leave

Illinois law provides time off to vote.

How Much Leave

2 hours paid time off if your work schedule doesn’t provide sufficient time to vote outside working hours

When it applies: If polls are open less than 2 hours before or after your work shift

Example: Polls are open 6am-7pm. You work 8am-6pm. Polls close 1 hour after your shift ends, giving you only 1 hour to vote. You’re entitled to 2 hours paid time off to vote (you could leave work at 4pm to vote).

If sufficient time: If polls are open 2+ hours before or after your shift, you’re not entitled to additional time off.

Example: You work 9am-5pm. Polls are open 6am-7pm. You have 3 hours before work (6am-9am) and 2 hours after work (5pm-7pm) to vote. You’re not entitled to additional time off because you already have sufficient time outside working hours.

Notice Requirements

Advance notice: Must request time off before election day (law doesn’t specify exact timing; 1-2 days advance notice is reasonable)

Paid Leave

2 hours must be paid (employer chooses when during workday employee takes leave)

Proof: Employer can require proof you voted (e.g., “I Voted” sticker, though stickers aren’t always available)

Child Bereavement Leave Act

Illinois law provides leave for death of a child.

Who Is Covered

Covered employers: 50 or more employees

Eligible employees: Employed for 12 months and worked 1,000 hours in past 12 months

Qualifying event: Death of employee’s child (biological, adopted, foster, stepchild, legal ward, child of domestic partner)

How Much Leave

Up to 2 weeks (10 working days) of unpaid leave

When: Following death of child

Can use paid leave: Employer may allow (or require) use of accrued PTO/vacation

Notice

Provide notice within reasonable time (generally as soon as possible given circumstances)

Documentation: Employer can require documentation (death certificate, obituary, etc.)

Job Protection

Restoration: Must be restored to same or equivalent position upon return

Retaliation prohibited

Blood Donation Leave

Illinois encourages blood donation by providing protected leave.

Leave Allowed

1 hour per 8-hour workday to donate blood (up to 4 times per year)

Bone marrow donation: Up to paid leave equal to actual time off required for procedure and recovery

Organ donation: Up to 30 business days paid leave per year

Covered Employers

50 or more employees for organ/bone marrow donation leave

All employers for blood donation leave

Requirements

Employer can require:

  • Advance notice
  • Written verification from medical facility

Crime Victim Leave

Illinois Victims’ Economic Security and Safety Act (VESSA) covers leave for crime victims (including domestic/sexual violence as discussed above).

Also protected: Leave for testifying as witness, attending criminal proceedings, cooperating with law enforcement

Broader coverage: VESSA’s 12 weeks of leave can be used for any needs arising from criminal victimization

Filing Complaints for Leave Violations

VESSA Violations

File with: Illinois Department of Labor (IDOL) or Illinois Department of Human Rights (IDHR)

IDOL:

IDHR (if retaliation is discrimination):

Private lawsuit: You can also file lawsuit in Illinois state court for VESSA violations

Deadline: Generally 3 years under Illinois statute of limitations

FMLA Violations

File with: U.S. Department of Labor, Wage and Hour Division

Chicago District Office:

Private lawsuit: File within 2 years of violation (3 years if willful)

Remedies: Back pay, damages, reinstatement, attorney’s fees

Chicago/Cook County Sick Leave Violations

Chicago: File complaint with Chicago Department of Business Affairs and Consumer Protection

Cook County: File complaint with Cook County Commission on Human Rights

  • Phone: 312-603-1100

Common Questions

Can my employer require me to use PTO during FMLA leave?

Yes. Employers can require you to use accrued paid leave (vacation, sick leave, PTO) concurrently with FMLA leave. This means your leave is paid (using your PTO balance) but still counts toward your 12-week FMLA entitlement.

Can I be fired while on VESSA or FMLA leave?

Generally no, unless termination is unrelated to leave. For example:

  • Company eliminates your position in legitimate layoff (affecting multiple positions)
  • You committed serious misconduct before leave began
  • You would have been fired regardless of leave

However: Employer bears burden of proving termination wasn’t because of leave. Timing (fired during or immediately after leave) creates strong inference of illegal retaliation.

Does Illinois have paid family leave?

No. Illinois does not have a state-paid family leave program like California (PFL), New York (PFL), Colorado (FAMLI), or Oregon (Paid Leave Oregon).

What Illinois has:

  • Unpaid FMLA (if eligible)
  • Unpaid VESSA (all employers 1+)
  • Chicago/Cook County paid sick leave (limited to 40 hours/year)

Difference from paid family leave states: California, New York, Colorado, Oregon provide wage replacement (typically 50-90% of wages) during family/medical leave through state insurance programs. Illinois does not.

Can I use VESSA leave if my adult child is a victim of domestic violence?

Yes. VESSA covers leave to assist a family member who is a victim, including your adult child.

Do I get paid while on VESSA leave?

Not required. VESSA is unpaid leave, though your employer may allow you to use accrued PTO/vacation to receive pay during leave.

Chicago/Cook County sick leave: If you work in Chicago or Cook County and have accrued earned sick leave, you can use it for domestic violence-related absences (and receive pay for those hours).

Resources for Illinois Workers

State Agencies

Illinois Department of Labor (IDOL):

  • VESSA, school visitation, jury duty enforcement
  • Chicago: 312-793-2800
  • Springfield: 217-782-6206
  • Website: illinois.gov/idol

Illinois Department of Human Rights (IDHR):

  • Discrimination/retaliation related to leave
  • Chicago: 312-814-6200
  • Website: illinois.gov/dhr

Federal Agency

U.S. Department of Labor – Wage and Hour Division:

Domestic Violence Resources

Illinois Domestic Violence Hotline:

  • 1-877-863-6338
  • 24/7 crisis support, safety planning, resources

National Domestic Violence Hotline:

  • 1-800-799-7233
  • 24/7 confidential support

Free Legal Assistance

Land of Lincoln Legal Aid:

Prairie State Legal Services:

  • 1-800-942-4916

Related Illinois Topics

Get Help with Leave Rights

Need time off for medical care, family needs, or domestic violence situations? Get a free consultation from an employment law expert who understands Illinois and federal leave laws.

Illinois provides important protections through VESSA (12 weeks for domestic violence victims at all employers 1+), federal FMLA (12 weeks for medical/family leave at larger employers), and Chicago/Cook County earned sick leave. Understanding which laws apply to you, eligibility requirements, and retaliation protections is critical to taking leave without risking your job.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Leave laws are subject to change. For advice specific to your situation, please consult with a licensed employment attorney in Illinois. Employment Law Aid is not a law firm and does not provide legal representation.