Illinois Paid Sick Leave Laws: Your Entitlements

Illinois's Sick Leave Act (ILSA), 820 ILCS 312/1 et seq, is significantly stronger than federal law because it creates an affirmative paid sick leave requirement. Illinois covers employers with 50 or more employees (including part-time employees in the calculation). Employers must provide a minimum of 1 hour of paid sick leave per 30 hours worked, up to a maximum accrual of 40 hours per year (or 5 business days). Employees can use accrued sick leave for any reason: diagnosis, care, or treatment of an existing health condition; preventive medical care; victim of domestic violence, sexual assault, or stalking; childcare needs due to school or daycare closure; or school-related activities. Illinois law is more expansive than many states because it permits use for any reason and does not limit usage to employee's own medical conditions.

Smaller employers (6-49 employees) are covered under the Paid Leave for All Workers Act (PLAWA), which requires 1 hour of paid leave per 30 hours worked, up to 40 hours per year, but this leave can be used for any reason (more flexible than ILSA). Employers with fewer than 6 employees are exempt. Illinois law preempts and supersedes less generous municipal ordinances. Remedies under ILSA include recovery of unpaid wages, liquidated damages equal to unpaid wages, and attorney's fees. The Department of Labor (IDOL) enforces ILSA; private right of action also exists.

Step 1 — Document Everything. Keep detailed records of all communications with your employer regarding sick leave requests, denials, or any indication that sick leave is being improperly withheld. Save emails, text messages, pay stubs showing hours worked, and your own notes with dates, times, and what was said. Note the specific dates you requested sick leave, whether the request was approved or denied, and whether you were paid for the time. Maintain records of any retaliation or negative employment action following a sick leave request.

Step 2 — Make a Written Internal Complaint. Before filing externally, send a written request (email preferred for proof) to your HR department or direct supervisor stating that you believe you are owed accrued paid sick leave under Illinois's Sick Leave Act. Specify which dates you worked, the hours you accrued, hours you used, and hours that should be remaining in your balance. Request a written response within 5-7 business days showing your sick leave account balance. This creates a paper trail and may prompt corrective action. If the employer is very small (under 6 employees) or appears to lack an HR function, this step may be less formal but still document your communication.

Step 3 — File a Wage Claim with the Illinois Department of Labor (IDOL). You can file online at www.cyberdriveillinois.com/departments/index/labor/home.html or by mail at Illinois Department of Labor, Division of Labor Standards Enforcement, 160 North LaSalle Street, Suite 300, Chicago, IL 60601. Provide: your name, address, and phone number; employer's name, address, and phone number; specific dates and hours of unpaid sick leave; amounts owed (sick leave rate is your regular wage rate); and copies of any supporting documentation (emails, pay stubs, written policies). IDOL will investigate at no cost to you. Filing deadline is not strictly limited by statute, but older claims (beyond 3 years) may be harder to prove and subject to laches defense.

Step 4 — Expect the Investigation Process. IDOL will contact your employer for their records and response to your claim, typically within 7-14 days of filing. The employer must provide documentation of accrual, usage, and current balance. You may be asked to provide additional evidence (timesheets, copies of sick leave requests, witness statements from coworkers). Investigation typically takes 30-90 days, though it can extend longer if the employer contests the claim or if witnesses must be interviewed. You will receive a determination letter outlining whether the employer violated ILSA and how much is owed. If IDOL finds a violation, the employer is ordered to pay unpaid sick leave wages, liquidated damages (equal to unpaid wages), and IDOL may assess penalties.

Step 5 — Consider Legal Counsel If Needed. If the amount in dispute exceeds $500 or the employer appears uncooperative, consult an employment attorney licensed in Illinois before filing with IDOL. An attorney can review whether you have a case, advise on private action versus IDOL complaint (private actions in circuit court may yield attorney's fees and broader remedies), and represent you throughout investigation or litigation. Many employment lawyers work on contingency for wage claims. If IDOL's determination is unsatisfactory or the employer does not comply with the order, an attorney can file suit in Illinois circuit court to enforce the wage order and obtain attorney's fees under 820 ILCS 312/14.