Paid Leave for All Workers

Illinois Department of Human Services

Information Bulletin

Division of Developmental Disabilities


In March 2023, Governor JB Pritzker signed SB208 (Public Act 102-1143) into law to mandate paid time off be provided for any reason. This new law applies to every employee working for an employer in Illinois, including domestic workers, but does exclude independent contractors. The City of Chicago and Cook County have an existing paid sick leave ordinances in place; employees and employers in those two geographic regions will be subject to those ordinances.


The Division of Developmental Disabilities (DDD) is developing policy to ensure the provisions of this Act are appropriately applied across DDD service providers. All services providers and employers are required to comply with the requirements identified in the Paid Leave for All Workers Act ("the Act").

Requirements of the Act:

Effective January 1, 2024, all provider agencies and employers in the DDD service system must be in compliance with the minimum paid leave requirements identified in the Act.

  1. An employee is entitled to earn and use up to a minimum of 40 hours of paid leave during a 12-month period depending on the number of hours earned.
  2. The 12-month period may be any consecutive 12-month period designated by the employer in writing at the time of hire.
  3. Paid leave shall accrue at the rate of one hour of paid leave for every forty (40) hours worked up to a minimum of 40 hours of paid leave. Employees shall determine how much paid leave they need to use. Employers may set a reasonable minimum increment to use not to exceed 2 hours per day. For example, an employee wants to take 45 minutes of paid leave to run an errand. The employer may have a policy requiring them to use a minimum of 2 hours. If the employee's scheduled workday is less than 2 hours, the employee's scheduled workday shall be used to determine the amount of paid leave. In addition to the minimum increment to be used, the employer may set an incremental amount of time after the initial minimum increment. For example, paid leave may be used in increments of not less than fifteen (15) minutes after a minimum use of two (2) hours.
  4. Paid leave under the Act may be taken by an employee for any reason of the employee's choosing. An employee is not required to provide an employer a reason for the leave and shall not be required to provide documentation or certification as proof or in support of the leave.
  5. Employees shall be paid their hourly rate of pay for paid leave.
  6. Paid leave shall begin to accrue at the start of employment or on January 1, 2024, whichever is later. Employees shall be entitled to begin using paid leave 90 days following the start of their employment or April 1, 2024, whichever is later.
  7. Paid leave shall be provided upon the oral or written request of an employee in accordance with the employer's reasonable paid leave policy notification requirements. Nothing in the Act prohibits an employer from adopting a policy that establishes some parameters for taking leave, and limited reasons the employer may deny leave for operational necessity. Any such policy must be communicated to employees, applied equally to all employees, and conform with other applicable state and federal laws. The Illinois Department of Labor (IDOL) will provide more information on this topic through rulemaking.
  8. Paid leave shall carry over annually to the extent not used by the employee, provided that nothing in the Act shall be construed to require an employer to provide more than 40 hours of paid leave for an employee in the 12-month period unless the employer agrees to do so.
  9. Nothing in the Act or any other Illinois law or rule shall be construed as requiring financial or other payment to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for paid leave accrued that has not been used.
  10. Nothing in the Act or any other Illinois law or rule shall be construed as requiring financial or other reimbursements to an employee from an employer for unused paid leave at the end of the benefit year or any other time.
  11. An employer subject to this Act shall make and preserve records documenting hours worked, paid leave accrued and taken, and remaining paid leave balance for each employee for a period of not less than 3 years.
  12. An employer who provides any type of paid leave policy that satisfies the minimum amount of leave required by the Act is not required to modify the policy if the policy offers an employee the option, at the employee's discretion, to take paid leave for any reason.

Individually Hired Personal Support Workers (PSWs):

  1. DDD's Fiscal Management Services (FMS) entity, ACES$, will comply with the requirements identified above and in the Act. ACES$ will develop a paid leave policy to be shared with the PSWs, employers, and customers who purchase services through them.
  2. PSWs are required to submit their paid leave with the timesheet for the time period it is being used.
  3. When paid leave is used, the employer must ensure the needs of the individual are being met.
  4. Paid leave will not count against the customer's monthly budget. ACES$ will bill DDD using a new program code which is to be determined.

NOTE: DDD is not responsible for enforcing or determining an employer's compliance with the Act. Questions and concerns about the Act or how it applies to you should be directed to the Illinois Department of Labor by e-mailing:

Helpful Links for Individuals and Providers:

Paid Leave for All Workers Act (

Paid Leave Rules IL Register Issue 44 ( PDF

Paid Leave for All Workers Act Frequently Asked Questions (

Effective Date:

This Information Bulletin is effective January 1, 2024