Illinois Sick Leave Law: Accrual, Caps and Who Is Covered — Best Proven Guide (2026)

The Illinois sick leave law gives you 1 hour for every 40 hours worked (paid leave for any reason), capped at 40 hours a year, for all employers (Chicago and Cook County have their own ordinances). This guide gives the exact illinois sick leave law rule with the date we verified it, the statute, and what to do next.

Rules verified against Illinois Department of Labor on 2026-10-08; confirm the current rule with Illinois Department of Labor or an attorney before you rely on it.

Illinois Sick Leave Law: The Rule

1 hour for every 40 hours worked (paid leave for any reason). 40 hours a year. Covered: all employers (Chicago and Cook County have their own ordinances). The statute is 820 ILCS 192 (Paid Leave for All Workers Act), in effect since January 1, 2024.

What Illinois Sick Leave Law Lets You Use Leave For

Under the Paid Leave for All Workers Act (820 ILCS 192), workers in Illinois can generally use earned paid leave for any reason, and the employer cannot require them to give one. Separately, the Employee Sick Leave Act (820 ILCS 191) generally lets workers use the personal sick leave their employer already provides to care for covered family members. Confirm the details with the Illinois Department of Labor.

Illinois Sick Leave Law at a Glance

Rules verified against Illinois Department of Labor on 2026-10-08; confirm the current rule with Illinois Department of Labor or an attorney before you rely on it. The statute row is where to check it yourself.

Accrual, Caps and Carryover Under Illinois Sick Leave Law

1 hour for every 40 hours worked (paid leave for any reason); 40 hours a year. For leave you can plan ahead, an employer may require reasonable advance notice if it has a written policy saying so.

For unplanned leave, you generally only have to give notice as soon as practicable, and the Act says an employer cannot make you explain why you are taking leave or provide documentation for it.

Paid or Unpaid Under Illinois Sick Leave Law

The leave is paid at your regular rate for the covered employers above; smaller employers in some states must give the time unpaid.

Illinois Sick Leave Law and Retaliation

820 ILCS 192 makes it unlawful for an employer to threaten or take adverse action against a worker for using paid leave, using any other right under the Act, or helping someone else use theirs. Leave taken under the Act also cannot count against you under a no-fault attendance policy.

Local Rules and Illinois Sick Leave Law

Chicago (Paid Leave and Paid Sick and Safe Leave Ordinance) and Cook County (Paid Leave Ordinance) have their own paid-leave rules, and employers covered by them may be exempt from the state Act. Workers in those areas should confirm which rules apply with the city or county enforcement office.

Other Illinois Sick Leave Law Rules to Know

The Illinois Act is a “use it for any reason” paid-leave law rather than a sick-only law. A worker cannot sign away rights under the Act, because any such waiver is void, but a bona fide collective bargaining agreement can waive the requirements if it says so clearly and explicitly.

Frequently Asked Questions

Is paid sick leave required in Illinois?

Yes. 1 hour for every 40 hours worked (paid leave for any reason).

How much sick leave do I get under Illinois sick leave law?

40 hours a year.

Which employers are covered by the Illinois sick leave law?

All employers (Chicago and Cook County have their own ordinances).

Can I be fired for using sick leave in Illinois?

820 ILCS 192 makes it unlawful for an employer to threaten or take adverse action against a worker for using paid leave, using any other right under the Act, or helping someone else use theirs.

When did the Illinois sick leave law take effect?

January 1, 2024.

Official Illinois Sources & Resources

• Illinois Department of Labor: https://labor.illinois.gov/laws-rules/fls/wage-payment-and-collection-act.html
• Illinois statute (820 ILCS 192 (Paid Leave for All Workers Act)): https://ilga.gov/Legislation/ILCS/Articles?ActID=4351&ChapterID=68
• Verified source: https://marketingpreview.mercer.com/content/dam/mercer-dotcom/migrated-assets/blogs/law-and-policy/2025/07/pdf-2025-roundup-state-accrued-paid-leave-mandates.pdf
• Verified source: https://www.ep.com/legal-and-compliance/sick-and-paid-leave-laws-update/
• Verified source: https://www.hubinternational.com/en-us/hub-resources/absence-management-bulletins/2025/11/2025-2026-state-leave-law-updates/
• Verified source: https://www.postercompliance.com/blog/paid-sick-leave-laws-by-state/
• U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov

This illinois sick leave law guide was last verified against official Illinois sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.

More Illinois Workplace Rights Guides

• Illinois PTO Laws: Is Unused Vacation Paid Out?
• Illinois Break Laws: Meal and Rest Breaks
• Illinois Labor Laws: Every Rule in One Place
• Illinois Unemployment Eligibility: Who Qualifies
• Unemployment and Workplace Rights Guides for All 50 States

Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.