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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
An Illinois employee who is to work 7 1/2 continuous hours or more shall be provided an
unpaid meal period of at least 20 minutes. The meal period must be given to an employee
no later than 5 hours after beginning work.
Illinois does not have a law regarding breaks, thus the federal standard applies. The
federal rule does not require an employer to provide either a meal (lunch) period or breaks.
However, if an employer chooses to do so, breaks, usually of the type lasting less than 20
minutes, must be paid. 820 ILCS 140/3.
For Illinois employees under the age of 16, employers must provide a meal (lunch) period
of at least 30 minutes if the employee is scheduled to work more than 5 consecutive hours.
820 ILCS 205/4.
An Illinois employee who is to work 7 1/2 continuous hours or more shall be provided an
unpaid meal period of at least 20 minutes. The meal period must be given to an employee
no later than 5 hours after beginning work.
Illinois does not have a law regarding breaks, thus the federal standard applies. The
federal rule does not require an employer to provide either a meal (lunch) period or breaks.
However, if an employer chooses to do so, breaks, usually of the type lasting less than 20
minutes, must be paid. 820 ILCS 140/3.
For Illinois employees under the age of 16, employers must provide a meal (lunch) period
of at least 30 minutes if the employee is scheduled to work more than 5 consecutive hours.
820 ILCS 205/4.
Vacation
In Illinois, an employer is not required to provide its employees with vacation benefits,
either paid or unpaid. An employer is required to pay these benefits only if it has
established a policy, promised, or contracted to provide them. See 820 ILCS 115/2.
An employer must pay an employee for all accrued or earned vacation upon separation
from employment. An employer cannot maintain a policy or employment contract requiring
the forfeiture by an employee of accrued vacation upon separation from employment for any
reason. 820 ILCS 115/5; 56 Ill. Adm. Code 300.520. The only exception to this rule is if the
employer is party to a collective bargaining agreement with a union that provides otherwise.
820 ILCS 115/5.
An employer can implement a vacation policy where employees must use vacation time by
a certain date or lose it (a “use-it-or-lose-it” policy), but must permit employees a
reasonable opportunity to use the leave. 56 Ill. Adm. Code 300.520(e).
In Illinois, an employer is not required to provide its employees with vacation benefits,
either paid or unpaid. An employer is required to pay these benefits only if it has
established a policy, promised, or contracted to provide them. See 820 ILCS 115/2.
An employer must pay an employee for all accrued or earned vacation upon separation
from employment. An employer cannot maintain a policy or employment contract requiring
the forfeiture by an employee of accrued vacation upon separation from employment for any
reason. 820 ILCS 115/5; 56 Ill. Adm. Code 300.520. The only exception to this rule is if the
employer is party to a collective bargaining agreement with a union that provides otherwise.
820 ILCS 115/5.
An employer can implement a vacation policy where employees must use vacation time by
a certain date or lose it (a “use-it-or-lose-it” policy), but must permit employees a
reasonable opportunity to use the leave. 56 Ill. Adm. Code 300.520(e).
Severance
Illinois law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Illinois law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
Illinois law does not require employers to provide employees with either paid or unpaid
holiday leave. IL Dept. of Labor FAQs. In Illinois, an employer can require an employee to
work holidays. An employer does not have to pay an employee premium pay, such as 1 1/2
times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Illinois law does not require employers to provide employees with either paid or unpaid
holiday leave. IL Dept. of Labor FAQs. In Illinois, an employer can require an employee to
work holidays. An employer does not have to pay an employee premium pay, such as 1 1/2
times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Minimum Wage
Illinois' current minimum wage is $8.00. This rate will increase to $8.25 on July 1, 2010.
IL Minimum Wage Notice; IL Dept. of Labor FAQs. Some exceptions apply.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Illinois, the state
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Illinois' current minimum wage is $8.00. This rate will increase to $8.25 on July 1, 2010.
IL Minimum Wage Notice; IL Dept. of Labor FAQs. Some exceptions apply.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Illinois, the state
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Overtime
Illinois requires employers to pay employees overtime at a rate of 1 1/2 time their regular
rate when they work more than 40 hours in a workweek, unless otherwise exempt. IL Dept.
of Labor FAQs. See FLSA: Overtime for more information regarding overtime requirements.
Illinois requires employers to pay employees overtime at a rate of 1 1/2 time their regular
rate when they work more than 40 hours in a workweek, unless otherwise exempt. IL Dept.
of Labor FAQs. See FLSA: Overtime for more information regarding overtime requirements.
Sick Leave
Illinois law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer chooses to provide sick leave, it must give
employees written notice of the terms of the policy. IL Dept. of Labor FAQs. An employer in
Illinois may be required to provide an employee unpaid sick leave in accordance with the
Family and Medical Leave Act or other federal laws.
Illinois law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer chooses to provide sick leave, it must give
employees written notice of the terms of the policy. IL Dept. of Labor FAQs. An employer in
Illinois may be required to provide an employee unpaid sick leave in accordance with the
Family and Medical Leave Act or other federal laws.
One Day Rest in Seven
Illinois requires employers to give each employee at least 24 hours of rest in every
calendar week. 820 ILCS 140/2; IL Dept. of Labor FAQs. Some exceptions apply.
An employer subject to this requirement may obtain a permit allowing employees to
voluntarily work seven days in a workweek. 56 Ill. Adm. Code 220.200. An employer does
not need to provide justification for the permits for the first 8 weeks of seven day work. After
the 8th week, an employer needs to justify the request. IL Admin. Code 220.200.
Illinois requires employers to give each employee at least 24 hours of rest in every
calendar week. 820 ILCS 140/2; IL Dept. of Labor FAQs. Some exceptions apply.
An employer subject to this requirement may obtain a permit allowing employees to
voluntarily work seven days in a workweek. 56 Ill. Adm. Code 220.200. An employer does
not need to provide justification for the permits for the first 8 weeks of seven day work. After
the 8th week, an employer needs to justify the request. IL Admin. Code 220.200.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
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you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for responding to a jury summons or
serving on a jury.
An employer must grant an employee time off to serve on a jury, regardless of the
employment shift to which the employee is assigned. An employer may not require an
employee to work a night shift while the employee is serving jury duty during the day.
An employer may not discharge, threaten to discharge, penalize, intimidate or coerce any
employee who receives and/or responds to a jury summons or who serves on a jury.
Illinois Stat. 705 ILCS 305/4
An employer is not required to pay an employee for responding to a jury summons or
serving on a jury.
An employer must grant an employee time off to serve on a jury, regardless of the
employment shift to which the employee is assigned. An employer may not require an
employee to work a night shift while the employee is serving jury duty during the day.
An employer may not discharge, threaten to discharge, penalize, intimidate or coerce any
employee who receives and/or responds to a jury summons or who serves on a jury.
Illinois Stat. 705 ILCS 305/4
