How Illinois’s paid sick leave accrual works
Under Illinois’s paid sick leave law, earn 1 hour of paid sick leave for every 40 hours you work.
Under Illinois’s paid sick leave law, earn 1 hour of paid sick leave for every 40 hours you work. That works out to about 1.0 hours a week for a full-time, 40-hour-a-week employee, or about 52.0 hours over a full 2,080-hour work year, before any cap in the law is applied.
Illinois caps how much you can accrue in a single year at 40.0 hours (5.0 days at 8 hours a day). At 40 hours a week, it takes about 40 weeks of work to reach that ceiling; after that, you stop accruing new hours until you use some.
Sick leave you do not use is generally not paid out when you leave your job unless your employer’s own policy says otherwise; that is a separate question from Illinois’s rules about ordinary vacation pay at termination, which this page does not cover. On carryover: 820 ILCS 115/5: earned vacation is wages and cannot be forfeited. A reasonable cap on future accrual is still allowed.
Part-time employees accrue the same way, just on fewer hours: someone working 25 hours a week under this law would earn about 0.6 hours of paid sick leave every week, or roughly 32.5 hours over a full year, subject to the same cap rules described above.
FAQ
How fast does paid sick leave accrue in Illinois?
You earn 1 hour of paid sick leave for every 40 hours you work.
Is there a cap on how much I can earn?
Yes, you stop earning new hours once you reach 40.0 hours in a year.
Can I carry unused sick leave into the next year?
The law sets a 40.0-hour annual accrual cap rather than a separate carryover limit, so unused hours can carry into the next year subject to that same ceiling. For context, Illinois’s general note on ordinary vacation carryover says: 820 ILCS 115/5: earned vacation is wages and cannot be forfeited. A reasonable cap on future accrual is still allowed.
Does my employer’s size change my sick leave rules in Illinois?
No, Illinois’s law does not vary the accrual rate or cap by employer size in the data on file.
Is unused sick time paid out when I leave my job?
Generally, no. Paid sick leave you have not used is typically not required to be paid out when you leave a job, unless your employer’s own written policy specifically promises it. That is a separate question from any rules your state may have about ordinary vacation pay at termination, which this page does not cover.
Where is Illinois’s paid sick leave law?
See the official source: https://labor.illinois.gov/laws-rules/plfaw.html. LeaveCalc’s confidence rating for this page is Medium, so double-check the current rule before relying on it.