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Cook County, Chicago Not Included in Illinois' New Mandatory Paid Leave Act. Here's Why

Illinois is poised to become the next state to mandate paid leave for nearly all workers, but for those in Cook County and Chicago, different rules apply

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Illinois' new mandatory paid leave law will take effect next year, offering nearly all workers in the state paid time off, but for Cook County and Chicago, different rules apply.

Ordinances in Cook County and Chicago already require employers to offer paid sick leave, and workers in those locations will continue to be covered by the existing laws rather than the new bill.

The Chicago and Cook County ordinances served as pilot programs for the statewide legislation, and assuaged critics who predicted mass business closures that didn’t come to fruition, said Sarah Labadie, director of advocacy and policy at Women Employed, a nonprofit that has fought for paid leave since 2008 and helped push through the legislation.

“Obviously we had some strange things happen during the pandemic, but pre-pandemic that was not the case. Chicago was a thriving economic engine,” she said.

Now, Illinois is poised to become the next state to mandate paid leave for nearly all workers.

Starting Jan. 1, Illinois employers must offer workers paid time off based on hours worked, with no need to explain the reason for their absence as long as they provide notice in accordance with reasonable employer standards.

Gov. J.B. Pritzker signed the “Paid Leave for All Workers Act” into law Monday.

Employees can start using the time once they have worked for 90 days, the legislation says.

"Working families face enough challenges without the concern of losing a day's pay when life gets in the way," Pritkzer said in a statement Jan. 11, when the bill passed both chambers.

"I'm looking forward to signing this legislation and giving a safety net to hardworking Illinoisans."

And, while there are similar bills in other states, Illinois' expansive paid leave legislation would require employers in the state to give workers time off based on hours worked, to be used for any reason -- not just for health reasons.

Just Maine and Nevada mandate earned paid time time off and allot employees the freedom to decide how to use it, but Illinois’ law is further reaching, unencumbered by limits based on business size. Similarly structured regulations that require employers to offer paid sick leave exist in 14 states and Washington, D.C., but workers can only use that for health-related reasons.

Proponents say paid leave is key to making sure workers, especially low-income workers who are more vulnerable, are able to take time off when needed without fear of reprisal from an employer.

But critics say the law will overburden small businesses already struggling to survive the post-pandemic era amid the high inflation that has gripped the nation for nearly two years.

Any new local laws enacted after the state law takes effect must provide benefits that are greater or equal to the state law.

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