Business & Work

Do I have a right to vacation time?

The Illinois Paid Leave for All Workers Act (PLAWA) says that most employers must give their employees 40 hours of paid leave during each 12-month period. If you are covered by this law, you can take your paid leave for any reason.

Under PLAWA, employees earn one hour of paid leave for every 40 hours worked, up to a minimum of 40 hours in a 12-month period. Employees are paid their regular hourly rate for paid leave. If you usually earn tips or commissions, then your employer must pay you at least the full minimum wage rate for the area where you work.

If you work in the City of Chicago or Cook County, different paid leave rules or ordinances may apply instead of PLAWA. Learn more about PLAWA and local paid leave ordinances.

If you have an employment contract or your employer has a vacation policy, either written or verbal, then you should be paid all the vacation time that you have earned up until the point that you are fired or leave your job.

Am I entitled to paid sick leave?

Under PLAWA, you can take your paid leave for any reason.

Under the Chicago Paid Leave and Paid Sick Leave Ordinance, any employee working in the city of Chicago for at least 80 hours within any 120-day period will earn paid leave and sick leave hours. Once you meet the 80-hour requirement, you will stay a covered employee as long as you work for your employer.

For every 35 hours worked, you will earn at least:

• One hour of general paid leave, and
• One hour of paid sick leave.

As an employee working in Chicago, you can earn up to 10 days of paid leave a year. The days will include 5 days of general paid leave and 5 days of paid sick leave. General paid leave can be used for any reason. Learn more about PLAWA and the new Chicago ordinance.

Under the Illinois Employee Sick Leave Act, an employee can use at least a part of their sick leave to care for certain family members. In addition to using sick leave for your own illness, injury, or medical appointments, you can also use part of your sick leave for a family member's illness, injury, or medical appointments. Covered family members include your child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent. Learn more about the Employee Sick Leave Act from the Illinois Department of Labor.

Learn more about taking time off work for illness.

There are also rules that apply specifically to Illinois teachers. Learn more about sick leave for full-time teachers.

If I quit or am fired, am I entitled to severance pay or holiday pay?

No. You are not entitled to severance pay or holiday pay unless your employer promised the pay in a contract or other agreement. You are entitled, however, to pay for any vacation days you did not use if your employer has a paid vacation policy.

PLAWA does not require employers to pay unused leave time unless the leave is part of the employee’s paid time off bank or vacation account.

Learn more about getting paid for unused vacation time when you leave a job.