Illinois Leave Laws: Paid Leave, VESSA & Family Rights (2026)

Illinois provides increasingly robust leave protections for workers. The groundbreaking Paid Leave for All Workers Act (2024) makes Illinois one of the few states requiring paid leave for any purpose. Combined with VESSA protections, school visitation leave, and other statutory rights, Illinois employees have substantial leave entitlements.

Quick Facts: Illinois Leave Laws

Paid Leave for All Workers Act

Illinois's Landmark Law

Effective January 1, 2024:

• 40 hours (5 days) of paid leave per year
• Can be used for ANY purpose
• No reason required

Who Is Covered

• All employers in Illinois
• All employees (with limited exceptions)
• Part-time workers included (pro-rated)

Accrual

1 hour for every 40 hours worked:

• Begins at start of employment
• Usable after 90 days
• Carries over (but can cap use at 40 hours/year)

Use of Leave

Any reason, including:

• Personal illness or medical care
• Caring for family members
• Personal business
• Mental health
• Vacation
• Any reason at all

No employer inquiry:

• Cannot require documentation for reason
• Cannot deny based on reason

Key Provisions

• Cannot retaliate for using leave
• Must pay out unused leave if policy provides (or allow carryover)
• Employers can frontload instead of accrual

VESSA: Victims' Economic Security and Safety Act

What VESSA Provides

Leave for victims of:

• Domestic violence
• Sexual violence
• Stalking
• Crimes of violence

Amount of Leave

Based on employer size:

• 1-14 employees: 4 weeks
• 15-49 employees: 8 weeks
• 50+ employees: 12 weeks

In any 12-month period

Covered Activities

Leave can be used for:

• Seeking medical care
• Obtaining victim services
• Psychological counseling
• Participating in safety planning
• Seeking legal assistance
• Court proceedings

Family Members Covered

Can take leave if family member is victim:

• Child, stepchild, foster child
• Parent, stepparent, in-law
• Spouse, domestic partner
• Grandparent, grandchild
• Sibling

Job Protection

• Cannot be terminated for VESSA leave
• Must be restored to same or equivalent position
• Maintain health benefits during leave

Federal FMLA in Illinois

Coverage

Applies when:

• Employer has 50+ employees within 75 miles
• Employee worked 12 months
• Employee worked 1,250 hours in past year

Leave Entitlements

12 weeks unpaid, job-protected leave for:

• Own serious health condition
• Care for spouse, child, or parent with serious health condition
• Birth and bonding with newborn
• Adoption or foster placement
• Military qualifying exigency

26 weeks for:

• Care for injured service member (military caregiver leave)

Key Features

• Health benefits maintained
• Job protection (same or equivalent position)
• Intermittent leave available
• Certification may be required

School Visitation Leave

Illinois School Visitation Rights Act

Employees entitled to:

• 8 hours of leave per school year
• Attend school conferences and activities
• Visit child's school or day care

Requirements

• Employer must have 50+ employees
• Must exhaust vacation, personal, and comp time first
• 7 days' advance notice (unless emergency)
• Verification from school

Blood and Organ Donation Leave

Blood Donation

• 1 hour leave to donate blood
• Every 56 days
• Paid time off

Organ Donation

Leave for organ donation:

• Up to 10 days for organ donation
• Up to 5 days for bone marrow
• Paid leave
• Employers with 51+ employees

Jury Duty Leave

Protection for Jury Service

• Cannot be penalized for jury duty
• Must allow time off
• Some employers pay during service

Violation can result in:

• Contempt of court
• Civil liability

Military Leave

Illinois Service Member Employment and Reemployment Act

Protections include:

• Leave for military service
• Reemployment rights
• Continuation of benefits

National Guard and Reserve

• Protected time for training
• Reemployment upon return
• Cannot be discriminated against

Chicago-Specific Leave Laws

Chicago Paid Leave and Paid Sick Leave

Effective December 31, 2023:

• 40 hours paid leave (any purpose)
• PLUS 40 hours paid sick leave
• Total: 80 hours paid time off

Sick leave can be used for:

• Own illness or medical care
• Care for family members
• Domestic violence, sexual violence purposes
• Business closure due to public health emergency

Chicago Fair Workweek

For covered industries:

• Advance notice of schedules
• Premium pay for schedule changes
• Right to rest between shifts

Bereavement Leave

No State Requirement (Private Sector)

• Illinois doesn't mandate bereavement leave for private employers
• Many employers provide it voluntarily
• Check company policy

FMLA May Apply

If death results from covered condition, FMLA may provide:

• Leave for affected employee's serious health condition
• Leave to care for grieving family member with serious condition

Leave Coordination

Using Multiple Leaves

Example: New parent

• FMLA: 12 weeks job-protected (if eligible)
• Paid Leave for All: 40 hours paid
• Can use paid leave during FMLA

Example: Domestic violence victim

• VESSA: Up to 12 weeks
• Paid Leave for All: 40 hours paid
• Can use paid leave during VESSA

Retaliation Protections

Illegal Employer Actions

Cannot retaliate for:

• Requesting or using protected leave
• Filing complaints about leave violations
• Participating in leave-related proceedings

Signs of Leave Retaliation

• Termination during or after leave
• Demotion upon return
• Reduced hours or unfavorable assignments
• Discipline for leave-related absences

Common Questions

Can I use Paid Leave for All for vacation?

Yes! Illinois Paid Leave for All can be used for any purpose—vacation, personal days, mental health, or anything else. No reason required.

Does my employer have to pay me during FMLA?

No, FMLA is unpaid leave. However, you can use accrued paid leave (including Paid Leave for All) during FMLA to receive some pay.

What if I need more than 40 hours of paid leave?

Paid Leave for All provides 40 hours minimum. Check if your employer offers additional PTO. FMLA provides 12 weeks job protection (unpaid).

Can I be fired for taking leave?

No. Protected leave is job-protected. If you're terminated for taking protected leave, that's illegal retaliation.

Does VESSA leave have to be paid?

No, VESSA provides job-protected unpaid leave. You can use paid leave (including Paid Leave for All) during VESSA leave.

Finding Legal Help

Free Resources

• Illinois DOL: labor.illinois.gov | 312-793-2800
• IDHR: www2.illinois.gov/dhr | 312-814-6200
• Legal Aid Chicago: legalaidchicago.org

Employment Attorneys

Many leave-related cases are handled on contingency:

• Free consultations
• No upfront fees for retaliation cases

Related Resources

• Illinois Workplace Discrimination
• Illinois Workplace Retaliation
• FMLA Family Medical Leave
• Chicago Employment Law

Legal Disclaimer

This guide provides general information about Illinois leave laws and is not legal advice. Leave situations are often complex. For advice about your situation, consult a licensed Illinois employment attorney.

Official Resources:

• Illinois Department of Labor: labor.illinois.gov{rel="nofollow"} | 312-793-2800
• Illinois Department of Human Rights: www2.illinois.gov/dhr{rel="nofollow"} | 312-814-6200