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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3622

Introduced 2/5/2026, by Sen. Seth Lewis

SYNOPSIS AS INTRODUCED:

820 ILCS 192/10
820 ILCS 192/15
820 ILCS 192/30
820 ILCS 192/35

Amends the Paid Leave for All Workers Act. Provides that the
definition of "employee" does not include: (1) an employee engaged in the
transportation of goods through this State; (2) an employee who is free to
decide what time the employee performs duties for an employer; or (3) an
employee who is employed by an employer with fewer than 15 employees. Makes
changes to provisions concerning the provision of paid leave; the
responsibilities of the Department of Labor; and enforcement and
penalties.
LRB104 18849 SPS 32294 b

A BILL FOR

SB3622
LRB104 18849 SPS 32294 b
1

AN ACT concerning employment.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 15.
The Paid Leave for All Workers Act is amended
5
by changing Sections 10, 15, 30, and 35 as follows:

6

(820 ILCS 192/10)
7

Sec. 10.
Definitions.
As used in this Act:
8

"Construction industry" means any constructing, altering,
9
reconstructing, repairing, rehabilitating, refinishing,
10
refurbishing, remodeling, remediating, renovating, custom
11
fabricating, maintenance, landscaping, improving, wrecking,
12
painting, decorating, demolishing, or adding to or subtracting
13
from any building, structure, highway, roadway, street,
14
bridge, alley, sewer, ditch, sewage disposal plant,
15
waterworks, parking facility, railroad, excavation or other
16
structure, project, development, real property, or
17
improvement, or to do any part thereof, whether or not the
18
performance of the work herein described involves the addition
19
to or fabrication into, any structure, project, development,
20
real property, or improvement herein described of any material
21
or article of merchandise.
22

"Construction industry" also includes moving construction
23
related materials on the job site or to or from the job site,

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1
snow plowing, snow removal, and refuse collection.
2

"Department" means the Illinois Department of Labor.
3

"Domestic work" and "domestic worker" have the same
4
meanings as defined in Section 10 of the Domestic Workers'
5
Bill of Rights Act, except that "domestic worker" also
6
includes independent contractors, sole proprietors, and
7
partnerships.
8

"Employee" has the same application and meaning as that
9
provided in Sections 1 and 2 of the Illinois Wage Payment and
10
Collection Act. "Employee" also includes all domestic workers,
11
and, for the purposes of this Act, domestic workers shall not
12
be excluded as employees under the provisions of item (1),
13
(2), or (3) of Section 2 of the Illinois Wage Payment and
14
Collection Act. "Employee" does not include:
15

(1) an employee as defined in the federal Railroad
16

Unemployment Insurance Act (45 U.S.C. 351 et seq.) or the
17

Railway Labor Act;
18

(2) a student enrolled in and regularly attending
19

classes in a college or university that is also the
20

student's employer, and who is employed on a temporary
21

basis at less than full time at the college or university,
22

but this exclusion applies only to work performed for that
23

college or university;
or
24

(3) a short-term employee who is employed by an
25

institution of higher education for less than 2
26

consecutive calendar quarters during a calendar year and

SB3622
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LRB104 18849 SPS 32294 b
1

who does not have a reasonable expectation that they will
2

be rehired by the same employer of the same service in a
3

subsequent calendar year
;

.

4

(4) an employee engaged in the transportation of goods
5

through this State, including an employee engaged in the
6

operation of a vessel that is documented by the United
7

States under 46 U.S.C. 12105;

8

(5) an employee who is able to decide what time and day
9

the employee performs duties for an employer; or

10

(6) an employee who is employed by an employer with
11

fewer than 15 employees.

12

"Employer" has the same application and meaning as that
13
provided in Sections 1 and 2 of the Illinois Wage Payment and
14
Collection Act, except that for purposes of this Act,
15
"employer" also means the State and units of local government,
16
any political subdivision of the State or units of local
17
government, or any State or local government agency.
18

"Employer" does not include school districts organized
19
under the School Code or park districts organized under the
20
Park District Code.
21

"Writing" or "written" means a printed or printable
22
communication in physical or electronic format, including a
23
communication that is transmitted through electronic mail,
24
text message, or a computer system or is otherwise sent or
25
stored electronically.
26
(Source: P.A. 102-1143, eff. 1-1-24
.)

SB3622
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LRB104 18849 SPS 32294 b
1

(820 ILCS 192/15)
2

Sec. 15.
Provision of paid leave.
3

(a) An employee who works in Illinois is entitled to earn
4
and use up to a minimum of 40 hours of paid leave during a
5
12-month period or a pro rata number of hours of paid leave
6
under the provisions of subsection (b). The paid leave may be
7
used by the employee for any purpose as long as the paid leave
8
is taken in accordance with the provisions of this Act.
9

(b) Paid leave under this Act shall accrue at the rate of
10
one hour of paid leave for every 40 hours worked up to a
11
minimum of 40 hours of paid leave or such greater amount if the
12
employer provides more than 40 hours. Employees who are exempt
13
from the overtime requirements of the federal Fair Labor
14
Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40
15
hours in each workweek for purposes of paid leave accrual
16
unless their regular workweek is less than 40 hours, in which
17
case paid leave accrues based on that regular workweek.
18
Employees shall determine how much paid leave they need to
19
use; however, employers may set a reasonable minimum increment
20
for the use of paid leave not to exceed 2 hours per day. If an
21
employee's scheduled workday is less than 2 hours per day, the
22
employee's scheduled workday shall be used to determine the
23
amount of paid leave.
Employers who voluntarily provide all
24
employees with one hour of paid leave for every 40 hours worked
25
in a 12-month period are exempt from this Act.

SB3622
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LRB104 18849 SPS 32294 b
1

(c) An employer may make available the minimum number of
2
hours of paid leave, subject to pro rata requirements provided
3
in subsection (b), to an employee on the first day of
4
employment or the first day of the 12-month period. Employers
5
that provide the minimum number of hours of paid leave to an
6
employee on the first day of employment or the first day of the
7
12-month period are not required to carry over paid leave from
8
12-month period to 12-month period and may require employees
9
to use all paid leave prior to the end of the benefit period or
10
forfeit the unused paid leave. However, under no circumstances
11
shall an employee be credited with paid leave that is less than
12
what the employee would have accrued under subsections (a) and
13
(g) of this Section.
14

(d) The 12-month period may be any consecutive 12-month
15
period designated by the employer in writing at the time of
16
hire. Changes to the 12-month period may be made by the
17
employer if notice is given to employees in writing prior to
18
the change and the change does not reduce the eligible accrual
19
rate and paid leave available to the employee. If the employer
20
changes the designated 12-month period, the employer shall
21
provide the employee with documentation of the balance of
22
hours worked, paid leave accrued and taken, and the remaining
23
paid leave balance.
24

(e) Paid leave under this Act may be taken by an employee
25
for any reason of the employee's choosing. An employee is not
26
required to provide an employer a reason for the leave and may

SB3622
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LRB104 18849 SPS 32294 b
1
not be required to provide documentation or certification as
2
proof or in support of the leave. An employee may choose
3
whether to use paid leave provided under this Act prior to
4
using any other leave provided by the employer or State law.
5

(f) Employees shall be paid their hourly rate of pay for
6
paid leave. However, employees engaged in an occupation in
7
which gratuities or commissions have customarily and usually
8
constituted and have been recognized as part of the
9
remuneration for hire purposes shall be paid by their employer
10
at least the full minimum wage in the jurisdiction in which
11
they are employed when paid leave is taken. This wage shall be
12
treated as the employee's regular rate of pay for purposes of
13
this Act.
14

(g) Paid leave under this Act shall begin to accrue at the
15
commencement of employment or on the effective date of this
16
Act, whichever is later. Employees shall be entitled to begin
17
using paid leave 90 days following commencement of their
18
employment or 90 days following the effective date of this
19
Act, whichever is later.
20

(h) Paid leave under this Act shall be provided upon the
21
oral or written request of an employee in accordance with the
22
employer's reasonable paid leave policy notification
23
requirements which may include the following:
24

(1) If use of paid leave under this Act is
25

foreseeable, the employer may require the employee to
26

provide 7 calendar days' notice before the date the leave

SB3622
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LRB104 18849 SPS 32294 b
1

is to begin.
2

(2) If paid leave under this Act is not foreseeable,
3

the employee shall provide such notice as soon as is
4

practicable after the employee is aware of the necessity
5

of the leave. An employer that requires notice of paid
6

leave under this Act when the leave is not foreseeable
7

shall provide a written policy that contains procedures
8

for the employee to provide notice.
9

(3) Employers shall provide employees with written
10

notice of the paid leave policy notification requirements
11

in this Section in the manner provided in Section 20 for
12

notice and posting and within 5 calendar days of any
13

change to the employer's reasonable paid leave policy
14

notification requirements.
15

(4) An employer may not require, as a condition of
16

providing paid leave under this Act, that the employee
17

search for or find a replacement worker to cover the hours
18

during which the employee takes paid leave.
19

(i) Except as provided in subsection (c), paid leave under
20
this Act shall carry over annually to the extent not used by
21
the employee, provided that nothing in this Act shall be
22
construed to require an employer to provide more than 40 hours
23
of paid leave for an employee in the 12-month period unless the
24
employer agrees to do so.
25

(j) Nothing in this Section or any other Illinois law or
26
rule shall be construed as requiring financial or other

SB3622
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LRB104 18849 SPS 32294 b
1
payment to an employee from an employer upon the employee's
2
termination, resignation, retirement, or other separation from
3
employment for paid leave accrued under this Act that has not
4
been used. Nothing in this Section or any other Illinois law or
5
rule shall be construed as requiring financial or other
6
reimbursements to an employee from an employer for unused paid
7
leave under this Act at the end of the benefit year or any
8
other time.
9

(k) If an employee is transferred to a separate division,
10
entity, or location, but remains employed by the same
11
employer, the employee is entitled to all paid leave accrued
12
at the prior division, entity, or location and is entitled to
13
use all paid leave as provided in this Section. If there is a
14
separation from employment and the employee is rehired within
15
12 months of separation by the same employer, previously
16
accrued paid leave that had not been used by the employee shall
17
be reinstated. The employee shall be entitled to use accrued
18
paid leave at the commencement of employment following a
19
separation from employment of 12 months or less.
20

(l)
Paid leave under this Act shall not be charged or
21
otherwise credited to an employee's paid time off bank or
22
employee account unless the employer's policy permits such a
23
credit.
If the paid leave under this Act is credited to an
24
employee's paid time off bank or employee vacation account
25
then any unused paid leave shall be paid to the employee upon
26
the employee's termination, resignation, retirement, or other

SB3622
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LRB104 18849 SPS 32294 b
1
separation to the same extent as vacation time under existing
2
Illinois law or rule. Nothing in this Act shall be construed to
3
waive or otherwise limit an employee's right to final
4
compensation for promised and earned, but unpaid vacation time
5
or paid time off, as provided under the Illinois Wage Payment
6
and Collection Act and rules. Employers shall provide
7
employees with written notice of changes to the employer's
8
vacation time, paid time off, or other paid leave policies
9
that affect an employee's right to final compensation for such
10
leave.
11

(m) During any period an employee takes leave under this
12
Act, the employer shall maintain coverage for the employee and
13
any family member under any group health plan for the duration
14
of such leave at no less than the level and conditions of
15
coverage that would have been provided if the employee had not
16
taken the leave. The employer shall notify the employee that
17
the employee is still responsible for paying the employee's
18
share of the cost of the health care coverage, if any.
19

(n) Nothing in this Act shall be deemed to interfere with,
20
impede, or in any way diminish the right of employees to
21
bargain collectively with their employers through
22
representatives of their own choosing in order to establish
23
wages or other conditions of work in excess of the applicable
24
minimum standards established in this Act. The paid leave
25
requirements of this Act may be waived in a bona fide
26
collective bargaining agreement, but only if the waiver is set

SB3622
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LRB104 18849 SPS 32294 b
1
forth explicitly in such agreement in clear and unambiguous
2
terms.
3

Nothing in this Act shall be deemed to affect the validity
4
or change the terms of bona fide collective bargaining
5
agreements in effect on January 1, 2024. After that date,
6
requirements of this Act may be waived in a bona fide
7
collective bargaining agreement, but only if the waiver is set
8
forth explicitly in such agreement in clear and unambiguous
9
terms.
10

In no event shall this Act apply to any employee working in
11
the construction industry who is covered by a bona fide
12
collective bargaining agreement, nor shall this Act apply to
13
any employee who is covered by a bona fide collective
14
bargaining agreement with an employer that provides services
15
nationally and internationally of delivery, pickup, and
16
transportation of parcels, documents, and freight.
17

Notwithstanding the provisions of this subsection, nothing
18
in this Act shall be deemed to affect the validity or change
19
the terms of a bona fide collective bargaining agreement
20
applying to an employee who is employed by a State agency that
21
is in effect on July 1, 2024. After that date, requirements of
22
this Act may be waived in a bona fide collective bargaining
23
agreement, but only if the waiver is set forth explicitly in
24
such agreement in clear and unambiguous terms. As used in this
25
subsection, "State agency" has the same meaning as set forth
26
in Section 4 of the Forms Notice Act.

SB3622
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LRB104 18849 SPS 32294 b
1

(o) An agreement by an employee to waive his or her rights
2
under this Act is void as against public policy.
3

(p) The provisions of this Act shall not apply to any
4
employer that is covered by a municipal or county ordinance
5
that is in effect on the effective date of this Act that
6
requires employers to give any form of paid leave to their
7
employees, including paid sick leave or paid leave.
8
Notwithstanding the provisions of this subsection, any
9
employer that is not required to provide paid leave to its
10
employees, including paid sick leave or paid leave, under a
11
municipal or county ordinance that is in effect on the
12
effective date of this Act shall be subject to the provisions
13
of this Act if the employer would be required to provide paid
14
leave under this Act to its employees.
15

Any local ordinance that provides paid leave, including
16
paid sick leave or paid leave, enacted or amended after the
17
effective date of this Act must comply with the requirements
18
of this Act or provide benefits, rights, and remedies that are
19
greater than or equal to the benefits, rights, and remedies
20
afforded under this Act.
21

An employer in a municipality or county that enacts or
22
amends a local ordinance that provides paid leave, including
23
paid sick leave or paid leave, after the effective date of this
24
Act shall only comply with the local ordinance or ordinances
25
so long as the benefits, rights, and remedies are greater than
26
or equal to the benefits, rights, and remedies afforded under

SB3622
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LRB104 18849 SPS 32294 b
1
this Act.
2
(Source: P.A. 103-605, eff. 7-1-24; 104-417, eff. 8-15-25.)

3

(820 ILCS 192/30)
4

Sec. 30.
Department responsibilities.
5

(a) The Department shall administer and enforce this Act.
6
The Department has the powers and the parties have the rights
7
provided in the Illinois Administrative Procedure Act for
8
contested cases.
9

(b) An employee may file a complaint with the Department
10
alleging violations of the Act within 3 years after the
11
alleged violation. An employer that violates this Act is
12
liable to any affected employee for damages in the form of the
13
actual underpayment, compensatory damages, and a penalty of
14
not less than $500 and no more than $1,000. Employees shall
15
also be entitled to such equitable relief as may be
16
appropriate, in addition to reasonable attorney's fees;
17
reasonable expert witness fees, and other costs of the action,
18
which shall be paid by the employer to the employee.
19

(c) The Department has the power to conduct investigations
20
in connection with the administration and enforcement of this
21
Act
. The Department shall make a determination of the severity
22
of a violation by considering the totality of the
23
circumstances, prior to conducting

, including the power to
24
conduct
depositions and discovery and
issuing

to issue

25
subpoenas. If the Department finds cause to believe that this

SB3622
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LRB104 18849 SPS 32294 b
1
Act has been violated, the Department shall notify the parties
2
in writing
of the violation, the applicable penalty as
3
described in Section 35, and the 14-day period provided to
4
cure the violation
, and the matter shall be referred to an
5
Administrative Law Judge to schedule a formal hearing in
6
accordance with hearing procedures established by rule.
7
Administrative decisions shall be reviewed under the
8
Administrative Review Law.
9

(d) The Department is authorized to impose civil penalties
10
prescribed in Section 35 for any violation of this Act.
11

(e) The Department is authorized to collect and supervise
12
the payment of any damages awarded pursuant to Section 25 and
13
subsection (b) of this Section to an employee or employees
14
under this Act. Any sums recovered by the Department on behalf
15
of an employee or employees under this Act shall be paid to the
16
employee or employees affected. The Department is not
17
authorized to collect and supervise the payment of any awarded
18
attorney's fees. Those fees shall be subject to collection by
19
the attorney awarded such fees.
20

(f) The Attorney General may bring an action to enforce
21
the collection of any awards made under this Act.
22

(g) The Department shall adopt rules necessary to
23
administer and enforce this Act.
24
(Source: P.A. 102-1143, eff. 1-1-24
.)

25

(820 ILCS 192/35)

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LRB104 18849 SPS 32294 b
1

Sec. 35.
Penalties and enforcement.
An employer that
2
violates this Act or any rule adopted under this Act shall be
3
subject to a civil penalty of
:
4

(1) for a first offense, a fine not to exceed $250;
5

(2) for a second offense, following a period of 14
6

days to cure the violation, a fine not to exceed $1,000;
7

and
8

(3) for a third or subsequent offense, a fine not to
9

exceed $2,500.
10

The Department shall have discretion to waive any civil
11
penalty under this Section. In determining the amount of the
12
penalty under this Section, the Department shall consider the
13
appropriateness of the penalty compared to the size of the
14
business operated by the employer

$2,500 for each separate
15
offense. An offense means any violation of this Act with the
16
exception of a violation of the notice requirement in
17
subsection (c) of Section 20
. Any penalties collected from an
18
employer under this Section or under subsection (d) of Section
19
20 for violations of this Act shall be deposited into the Paid
20
Leave for All Workers Fund, a special fund created in the State
21
treasury that is dedicated to enforcing this Act.
22
(Source: P.A. 102-1143, eff. 1-1-24
.)

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