Chicago Illinois Paid Leave & Employee Rights Attorney

Denied Paid Time Off, Penalized for Taking Leave, or Fired After Requesting Paid Leave? Know Your Rights Under Illinois Law.

Did your employer refuse to allow you to use earned paid leave? Were you disciplined for requesting time off, denied paid sick leave, or threatened with termination after exercising your workplace rights?

Employees in Chicago and throughout Illinois may have important legal protections under the Illinois Paid Leave for All Workers Act (PLAWA), Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, and Cook County Paid Leave Ordinance.

These laws establish minimum paid-leave rights for many covered employees and prohibit certain forms of employer retaliation.

At Pinkston Law Group, P.C., Attorney Danielle A. Pinkston represents employees throughout Chicago and Illinois in employment disputes involving paid leave violations, workplace retaliation, wrongful termination, wage disputes, and employee rights.

Protect Your Employment Rights Under Illinois Law. If your employer has denied legally protected paid leave or retaliated against you, schedule an employment law consultation or call (773) 770-4771.

What Is the Illinois Paid Leave for All Workers Act?

The Illinois Paid Leave for All Workers Act (PLAWA), effective January 1, 2024, requires many Illinois employers to provide covered employees with paid leave that may be used for any reason.

Under 820 ILCS 192, covered employees generally earn at least one hour of paid leave for every 40 hours worked, up to 40 hours during a 12-month period.

The law generally allows employees to use available paid leave without explaining why they need the time off.

Unlike traditional sick leave, PLAWA leave does not have to be used for a medical reason.

Employees may use qualifying paid leave for personal matters, family responsibilities, rest, appointments, or other purposes of their choosing.

However, the law contains exclusions, and qualifying local ordinances may govern instead of the statewide Act.

Learn more from the Illinois Department of Labor’s Paid Leave for All Workers Act resources.

How Much Paid Leave Are Illinois Employees Entitled To?

Under PLAWA, covered employees generally accrue:

• One hour of paid leave for every 40 hours worked.
• Up to 40 hours of paid leave during a 12-month period.
• Paid leave that may be used for any reason.
• The ability to begin using accrued leave after the applicable 90-day waiting period.

Employers may use an accrual method or provide qualifying leave in advance through a frontloading policy.

Employers may also provide more generous benefits than the law requires.

An employer’s existing PTO policy may satisfy PLAWA when it meets applicable statutory requirements.

The Illinois Department of Labor’s PLAWA FAQ explains accrual, frontloading, and employer obligations.

Who Is Covered by the Illinois Paid Leave for All Workers Act?

PLAWA generally applies to employees working in Illinois, subject to statutory exclusions and local-law provisions.

Covered employees may include:

• Full-time employees.
• Part-time employees.
• Hourly employees.
• Salaried employees.
• Certain temporary or seasonal employees.

Employees do not necessarily have to work full-time to accrue paid leave.

However, certain workers are excluded, and special rules may apply to qualifying collective bargaining agreements and particular employment categories.

Employees working in Chicago or covered Cook County municipalities may instead be governed by local paid-leave ordinances.

An Illinois employment attorney can evaluate which law applies to a particular workplace.

Can You Use Illinois Paid Leave for Any Reason?

Generally, yes.

A central protection under PLAWA is that covered employees may use qualifying paid leave for any reason of their choosing.

Examples include:

• Personal appointments.
• Family responsibilities.
• Rest or personal time.
• Medical appointments.
• Mental health needs.
• Transportation or household matters.
• Other personal reasons.

Employees generally are not required to disclose the purpose of their PLAWA leave.

However, employers may establish reasonable notice and scheduling policies consistent with the law.

An employer may also have limited grounds to deny a particular requested leave period based on legitimate operational needs under a reasonable, clearly communicated written policy.

The law does not mean that every requested date must automatically be approved.

Can Your Employer Require a Doctor’s Note for Illinois Paid Leave?

Under PLAWA, employers generally cannot require employees to provide documentation establishing the reason for taking paid leave.

Because PLAWA leave may be used for any reason, an employee generally does not have to provide a doctor’s note to justify the purpose of that leave.

However, different documentation rules may apply to leave requested under other laws, including the FMLA or certain disability accommodation provisions.

Employees should distinguish ordinary PLAWA leave from medical leave governed by a separate statute.

For more information about disability-related medical leave, visit our Medical Leave Discrimination page.

Can Your Employer Deny Your Paid Leave Request?

An employer may have limited authority to deny a particular paid-leave request when permitted by the applicable law and a reasonable written policy.

For example, an employer may establish lawful scheduling procedures addressing operational needs.

However, an employer cannot use a leave policy to eliminate statutory paid-leave rights or unlawfully retaliate against employees.

Potential concerns include:

• Refusing to allow employees to use accrued paid leave at all.
• Imposing documentation requirements prohibited by the applicable law.
• Applying leave policies inconsistently for retaliatory reasons.
• Denying leave because an employee previously complained about a legal violation.
• Threatening termination for exercising protected paid-leave rights.

The legality of a denial depends on the governing law, the employee’s accrued leave, the employer’s policies, and the circumstances.

How Much Advance Notice Can an Employer Require?

Under PLAWA, employers may establish reasonable notice requirements consistent with the statute.

For foreseeable leave, an employer may generally require up to seven calendar days’ advance notice.

For unforeseeable leave, employees generally must provide notice as soon as practicable, subject to applicable requirements.

Employers must communicate relevant policies appropriately.

Different rules may apply under the Chicago and Cook County ordinances.

An employer cannot necessarily deny legally protected leave merely because an employee could not predict an unexpected need for time off.

Can Your Employer Require You to Find Someone to Cover Your Shift?

Under PLAWA, an employer generally cannot require an employee to find a replacement worker as a condition of using protected paid leave.

For example, an employee should not automatically lose statutory paid-leave rights simply because the employee cannot persuade a coworker to cover a scheduled shift.

Employers may manage staffing and scheduling consistent with applicable law, but they cannot impose conditions prohibited by the governing paid-leave statute.

Chicago Paid Leave and Paid Sick and Safe Leave Ordinance

Employees working within the City of Chicago may have rights under the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, which took effect on July 1, 2024.

Chicago’s ordinance generally provides two distinct categories of leave for covered employees:

General Paid Leave

Covered employees generally accrue one hour of paid leave for every 35 hours worked, up to 40 hours in a 12-month period.

General paid leave may be used for any reason, subject to applicable scheduling and notice rules.

Paid Sick and Safe Leave

Covered employees generally accrue a separate hour of paid sick and safe leave for every 35 hours worked, up to 40 hours in a 12-month period.

Paid sick and safe leave may be used for qualifying purposes involving illness, medical care, family caregiving, and certain safety-related needs.

Chicago’s ordinance contains distinct rules concerning eligibility, waiting periods, carryover, payout, and employer obligations.

An employee’s rights may depend on the location where the work is performed and the employer’s size.

Learn more from the Chicago Office of Labor Standards.

Can Chicago Employees Receive Both Paid Leave and Paid Sick Leave?

Yes. Chicago’s ordinance generally establishes separate paid-leave and paid sick and safe leave entitlements for covered employees.

This is an important difference from the statewide PLAWA framework.

For example, a qualifying employee may accrue general paid leave for personal reasons and separately accrue paid sick and safe leave for qualifying medical or safety-related purposes.

Employers must comply with the applicable accrual, usage, and recordkeeping requirements.

An existing employer policy may satisfy the ordinance if it meets the applicable legal standards.

Cook County Paid Leave Ordinance

The Cook County Paid Leave Ordinance provides paid-leave protections for many employees working in covered Cook County municipalities outside Chicago.

Under the ordinance, covered employees generally accrue one hour of paid leave for every 40 hours worked, up to 40 hours during a 12-month period.

Employees may generally use the leave for any reason.

However, municipal exceptions and local coverage rules are important.

Some municipalities may operate under the statewide PLAWA framework or another qualifying local ordinance instead.

Employees should not assume that every workplace in Cook County is governed by the same paid-leave rules.

The Cook County Paid Leave Ordinance and Regulations provide information concerning employee rights, employer obligations, and enforcement.

Does Your Employer Have to Carry Over Unused Paid Leave?

Carryover requirements depend on the applicable law and the employer’s method of providing leave.

Under PLAWA, employees generally may carry over unused accrued leave into the following 12-month period.

However, employers may generally limit the amount of PLAWA leave employees use during a 12-month period to 40 hours.

Different rules may apply when an employer frontloads the required leave.

Chicago and Cook County have their own carryover provisions.

Employees should review the governing law and their employer’s written leave policy before assuming that unused hours have expired.

Does Your Employer Have to Pay Out Unused Paid Leave When You Quit or Are Fired?

The answer depends on the applicable law, the employer’s policies, and the nature of the leave benefit.

Under PLAWA, unused statutory paid leave generally does not have to be paid out at separation when it is maintained separately from vacation or other leave benefits that are payable under Illinois law.

However, when paid leave is credited to an employee’s vacation or general PTO bank, Illinois wage-payment requirements may affect whether unused earned benefits must be paid at separation.

Chicago’s ordinance contains additional payout requirements for general paid leave based on employer size.

Cook County’s ordinance has different payout rules, and employer vacation policies may create separate obligations.

Employees should not assume that every unused leave balance must be paid—or that every unused balance can lawfully be forfeited.

For more information concerning unpaid compensation, visit our Employment Law page.

Can Your Employer Retaliate Against You for Using Paid Leave?

Applicable Illinois and local paid-leave laws prohibit certain forms of retaliation against employees for exercising protected leave rights.

Potential retaliation may include:

• Termination after requesting protected paid leave.
• Demotion because an employee exercised leave rights.
• Retaliatory disciplinary write-ups.
• Threats or intimidation.
• Unlawful attendance penalties.
• Materially adverse changes to working conditions.
• Punishment for filing a paid-leave complaint.

An employee must establish the elements of the applicable retaliation claim.

Not every unfavorable employment decision following a leave request is unlawful.

Employers may still make legitimate employment decisions unrelated to protected activity.

Learn more about workplace retaliation.

Can Your Employer Fire You for Taking Paid Leave in Illinois?

An employer generally cannot lawfully terminate an employee because the employee exercised rights protected by an applicable paid-leave law.

For example, termination may raise legal concerns if an employee used properly accrued and protected paid leave in accordance with applicable requirements and was fired because of that use.

However, paid-leave laws do not provide unlimited protection against termination for legitimate reasons unrelated to protected leave.

Evidence may include:

• The timing of the termination.
• The employee’s accrued leave balance.
• The employer’s written leave policy.
• Communications concerning the leave request.
• Attendance and disciplinary records.
• The employer’s stated reason for termination.
• Evidence of inconsistent enforcement.

Employees who believe they were fired unlawfully should also review our Wrongful Termination Attorney page.

Can Your Employer Count Protected Paid Leave Against Your Attendance?

An employer may violate applicable law if it uses protected paid leave as the basis for unlawful disciplinary action or retaliation.

For example, an attendance-point system may raise concerns if employees receive disciplinary points specifically because they exercised protected leave rights.

However, an employer may enforce legitimate attendance requirements for absences that are not protected by applicable law.

The employee’s leave balance, compliance with lawful notice procedures, and governing statute matter.

What Is the Difference Between Paid Leave, FMLA Leave, and ADA Leave?

These laws protect different employee rights.

Illinois paid leave laws generally establish paid time off for covered employees, often without requiring employees to disclose a particular reason.

The FMLA generally provides eligible employees with job-protected leave for specified family and medical reasons, but the federal statute does not ordinarily require that the leave itself be paid.

The ADA may require reasonable disability-related accommodations, including certain leave or scheduling adjustments, depending on the circumstances.

An employee may have rights under more than one law.

For example, an employee may use available paid leave during an otherwise unpaid FMLA absence, subject to applicable substitution and coordination rules.

For more information, visit our Disability-Related Leave Requests page.

Illinois Employee Sick Leave Act

The Illinois Employee Sick Leave Act, 820 ILCS 191, provides additional protections involving employer-provided sick leave.

The Act does not independently require every employer to create a separate sick-leave benefit.

However, when an employer provides qualifying sick leave, the law generally requires employees to be permitted to use a portion of that leave for covered family caregiving purposes.

Employees may have rights involving leave to care for qualifying family members, subject to the Act’s requirements.

Learn more through the Illinois Department of Labor’s Leave Rights Division.

What Should You Do If Your Employer Denies Paid Leave?

If you believe your employer violated Illinois paid-leave requirements, consider the following steps:

1. Review your paid-leave balance. Determine how much leave you accrued or received through frontloading.
2. Preserve your leave request. Keep emails, text messages, scheduling records, and HR communications.
3. Request the employer’s policy. Obtain the written paid-leave, PTO, and attendance policies.
4. Document the denial. Record the date, reason given, and individuals involved.
5. Preserve disciplinary records. Keep warnings, attendance points, PIPs, and termination notices.
6. Identify the governing law. Determine whether Illinois PLAWA, Chicago, or Cook County requirements apply.
7. Consult an employment attorney promptly. Different laws establish different complaint procedures and deadlines.

Employees should preserve records lawfully and avoid improperly accessing confidential employer information.

How Do You Prove a Paid Leave Violation?

Relevant evidence may include:

Pay Stubs and Leave Balances

Records showing paid-leave accrual, usage, and remaining balances.

Timekeeping Records

Schedules, timesheets, and records of hours worked.

Written Leave Requests

Emails, HR submissions, text messages, and scheduling-system entries.

Employer Policies

Handbooks, paid-leave policies, attendance rules, and PTO procedures.

Employer Responses

Written approvals, denials, and explanations concerning leave requests.

Disciplinary Records

Attendance points, warnings, suspensions, and termination documentation.

Witness Statements

Relevant information from supervisors, HR personnel, and coworkers.

An attorney can evaluate whether the available evidence supports a claim under the applicable paid-leave law.

Where Can You File an Illinois Paid Leave Complaint?

The appropriate enforcement agency depends on the law governing the workplace.

Illinois PLAWA: The Illinois Department of Labor administers the statewide Act.

Chicago paid leave: The Chicago Office of Labor Standards enforces the city’s paid-leave requirements.

Cook County paid leave: The Cook County Commission on Human Rights administers the county ordinance.

The statewide PLAWA generally uses administrative enforcement rather than creating a private civil cause of action.

Chicago and Cook County provide different enforcement procedures, including private-action provisions under applicable conditions.

Employees should identify the correct jurisdiction before filing.

Official resources include:

• Illinois Department of Labor — Paid Leave
• Chicago Office of Labor Standards
• Cook County Paid Leave Ordinance

How Long Do You Have to File a Paid Leave Complaint?

Paid-leave complaints are subject to deadlines that vary by jurisdiction and type of claim.

The Illinois Paid Leave for All Workers Act, Chicago ordinance, and Cook County ordinance do not share one universal filing deadline.

Different limitations periods may apply to administrative complaints, private civil actions, wage-payment claims, and retaliation allegations.

Employees should also consider whether the challenged conduct occurred before or after a particular ordinance or amendment became effective.

Because filing procedures and deadlines can affect available remedies, employees should seek legal guidance promptly.

An internal HR complaint does not necessarily extend the applicable filing deadline.

What Compensation or Remedies Are Available for Paid Leave Violations?

Available remedies depend on the governing statute or ordinance.

Potential remedies may include:

• Payment for unlawfully denied or withheld leave.
• Recovery of qualifying lost wages.
• Statutory damages or penalties where authorized.
• Reinstatement or other equitable relief where available.
• Attorney’s fees and litigation costs where recoverable.
• Administrative orders requiring compliance.
• Other remedies authorized by the applicable law.

Not every remedy is available under every paid-leave statute.

In particular, the Illinois statewide Act has a different enforcement structure from the Chicago and Cook County ordinances.

An attorney can evaluate potential remedies based on the employee’s location, employment records, and specific allegations.

Why Choose Pinkston Law Group, P.C.?

At Pinkston Law Group, P.C., Attorney Danielle A. Pinkston represents employees throughout Chicago and Illinois in employment disputes involving paid leave rights, workplace retaliation, wrongful termination, wage disputes, and other employment-law violations.

Our firm evaluates leave records, employer policies, payroll documentation, disciplinary actions, and termination decisions to identify potential violations of Illinois and local employment laws.

We understand that being denied earned leave or punished for requesting time off can affect an employee’s income, employment security, and family responsibilities.

Our goal is to help employees understand their rights, evaluate potential claims, and pursue appropriate remedies.

Frequently Asked Questions About Illinois Paid Leave & Employee Rights

How many paid days off are Illinois employees entitled to?

Covered employees generally may earn up to 40 hours of paid leave annually under PLAWA. Chicago has separate general paid leave and paid sick and safe leave requirements.

Can I use Illinois paid leave for any reason?

Generally, yes. PLAWA permits covered employees to use qualifying paid leave for any reason, subject to applicable scheduling and notice requirements.

Does my employer have to approve every paid-leave request?

Not necessarily. Employers may have limited authority to deny particular dates under lawful, reasonable scheduling policies.

Can my employer require a doctor’s note?

Under PLAWA, an employer generally cannot require documentation establishing the reason for using statutory paid leave.

Do part-time employees earn paid leave?

Yes, many covered part-time employees accrue paid leave based on hours worked.

Can my employer fire me for requesting paid leave?

An employer cannot lawfully retaliate against an employee for exercising protected paid-leave rights.

Do Chicago employees receive more paid leave?

Chicago’s ordinance generally provides separate general paid leave and paid sick and safe leave entitlements, subject to coverage and other requirements.

Does Cook County have its own paid-leave law?

Yes. Cook County has a paid-leave ordinance that applies in covered municipalities, subject to local exceptions.

Does my employer have to pay unused leave when I quit?

It depends on the governing law, employer size, and whether the leave is treated as vacation, general PTO, or a separate statutory benefit.

Can I sue my employer for denying paid leave?

Potentially, depending on the applicable law. Illinois PLAWA primarily uses administrative enforcement, while Chicago and Cook County have distinct private enforcement provisions.

Schedule a Consultation With a Chicago Illinois Paid Leave Attorney

Has your employer denied paid leave, refused to honor accrued time off, disciplined you for taking protected leave, or terminated your employment after a leave request?

You may have rights under the Illinois Paid Leave for All Workers Act, Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, Cook County Paid Leave Ordinance, or other applicable employment laws.

At Pinkston Law Group, P.C., Attorney Danielle A. Pinkston represents employees throughout Chicago and Illinois in matters involving paid leave violations, workplace retaliation, wage disputes, and wrongful termination.

Protect Your Employment Rights Under Illinois Law. Schedule an employment law consultation to discuss your circumstances, potential claims, and available legal remedies. Filing deadlines may apply.

Pinkston Law Group, P.C.

Attorney Danielle A. Pinkston

30 N. Michigan Ave., Suite 1004

Chicago, IL 60602

Phone: (773) 770-4771

Schedule Your Employment Law Consultation

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