These Cook County paid leave rules apply to paid work in Cook County, outside Chicago. Kane, DuPage, Will and Kendall counties follow the Paid Leave for All Workers Act (PLAWA), the Illinois state law, and Chicago has its own ordinance. The overview explains coverage.
What the Cook County paid leave rules require
| Topic | What the ordinance says |
|---|---|
| Earning | 1 hour for each 40 worked, with a 40-hour yearly minimum (prorated for part-timers), or the employer front-loads the year. |
| Using | Any reason after 90 days, no note; 2-hour increments at most; up to 7 days' notice if foreseeable. |
| Pay | Regular rate; the full minimum wage is the floor for tipped and commission workers. |
| Carryover | Carries over; any cap is at least 40 hours. |
| Payout | Only from a PTO (paid time off) or vacation bank: at separation if possible, and by the next regular payday at the latest. |
| Paperwork | County poster; written notice and policy at hire and yearly; 3 years of leave records. No retaliation. |
Key numbers and dates
| Item | Figure | In force |
|---|---|---|
| Accrual | 40-hour yearly minimum; 1 hour earned for each 40 worked | Since December 31, 2023 |
| Carryover cap floor | 40 hours | Rules of April 10, 2025 |
| Records; complaint or lawsuit deadline | 3 years | 2026 |
| Penalty | $500 to $1,000 for each violation, for every affected employee; a $2,500 civil penalty per separate offense may also apply (not for notice violations) | 2026 |
Source: Chicago, Cook County Code, 820 ILCS 192
Recent and pending changes
- December 14, 2023: adopted to replace the Earned Sick Leave Ordinance, with an effective date of December 31, 2023.
- February 1, 2024: Commission enforcement began (PLAWA took effect January 1, 2024).
- March 14, 2024: Commission Rules were approved; for school and park districts the start was delayed to January 1, 2025. Rules amended October 24, 2024.
- April 10, 2025: revised Rules, current (the Board vote was recorded May 15, 2025).
The Lantern-City Leave Tally: a seven-step checklist
- Sort sites: Cook outside Chicago, Chicago, or Kane, DuPage, Will and Kendall.
- Pick a method: earn 1 per 40, or front-load 40 hours.
- Write use rules: any reason, 90 days, no note.
- Post the County notice; give hires a written notice and policy, then yearly.
- Keep a ledger: hours, leave earned, used, balance, denied requests.
- Set carryover and payout rules for PTO or vacation banks.
- Check leave pay rates, including tipped workers' full minimum wage.
Common mistakes
- Asking for a reason, note or replacement worker.
- Counting leave as an attendance point.
- Skipping the poster or written policy.
- Assuming a suburb is still protected by an old sick leave opt-out.
When to bring in an attorney
- Whether the opt-out a suburb claims is valid, and which law governs mixed sites.
- A Commission complaint, audit or lawsuit.
- Rewriting PTO or payout policies, or a union waiver.
- Employee-versus-contractor questions.
How we can help
We handle the U.S. payroll, leave records and accounting side, working with your attorney, Canadian CPA or Indian CA. See payroll and employer compliance and bookkeeping and accounting.
Frequently asked questions
Do Kane or DuPage employers follow it?
Is it a sick leave law?
No. Since December 31, 2023 it gives leave for any reason.
Is unused leave always paid out?
No. Only PTO or vacation bank balances are.
Does a new foreign-owned subsidiary get an exemption?
No. One employee in Cook County is enough.
Official sources
- Cook County: Paid Leave Ordinance and Regulations
- Cook County Code of Ordinances, Chapter 42 (Municode)
- Cook County: Paid Leave Ordinance Interpretative and Procedural Rules
- Illinois Department of Labor: Paid Leave for All Workers Act FAQ
- Chicago: Paid Leave and Paid Sick and Safe Leave
This page summarizes public guidance in plain language. If anything here differs from the official source, the official source controls.