Minimum Wage

Illinois’ current minimum wage is $8.25. 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 1½ 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.

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.

Meals and Breaks

An Illinois employee who is to work 7½ 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 Leave

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).

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 theFamily and Medical Leave Act or other federal laws.

Holiday Leave

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 1½ 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.

Jury Duty Leave

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

Voting Leave

Illinois law allows every employee who is entitled, after giving notice, to two (2) hours off work, provided that the mployee’s working hours begin less than two (2) hours after the opening of the polls and end less than two (2) hours before the closing of the polls. Illinois Stat. 10 ILCS 5/17-15

Severance Pay

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.