Employee handbook requirements in Illinois (2026)

Written disclosure before collection; written consent before collection; prohibited from selling/profiting from biometric data; destruction when purpose satisfied or within 3 years of last interaction; reasonable security.

IL employers 100+: must include pay scale and benefits description in all job postings effective January 1 2025. Retain job postings and pay scales for 5 years post-posting. Covers all IL-based or IL-remote positions.

Illinois PLAWA (effective January 1, 2024) requires all Illinois employers with 1+ employee to provide paid leave usable for ANY reason. Two employer options: (1) ACCRUAL METHOD — 1 hour per 40 hours worked; 40-hour annual accrual cap; 40-hour annual use cap; up to 40 hours carry over to the next benefit year; no payout required on separation. (2) FRONTLOAD METHOD — employer grants 40 hours at the start of the benefit year; if frontloaded in full, NO carryover is required (the employer starts fresh each year). New hire waiting period: employees may begin accruing day 1 but cannot use leave until 90 calendar days of employment. Minimum use increment: 2 hours (unless employer policy allows smaller). Reason for use: employee is NOT required to provide a reason, explanation, or documentation. Employer cannot require the employee to find a replacement as a condition of use. Statewide floor — Chicago and Cook County have separate, more generous ordinances that supersede PLAWA for employees working in those jurisdictions.

Illinois Human Rights Act amendment (eff. January 1, 2026) prohibits employers from using AI that has the effect of discriminating against employees or applicants based on a protected class or zip code (as proxy for protected class) in any covered employment decision. Requires annual written notice to all employees whenever AI is used to influence any covered employment decision. Notice must be in plain language, in languages spoken by workforce, and accessible to employees with disabilities.

Illinois Family Bereavement Leave Act (FBLA) — effective January 1, 2023. Employers with 50+ employees must provide up to 10 days of unpaid bereavement leave per year for the death of a family member. Extended bereavement leave (10 additional days) available for death of a child. Covered family members: child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or step-parent. Effective January 1, 2024: expanded to cover pregnancy loss, failed adoption, surrogacy, IVF.

Illinois WARN Act requires 60 days advance notice for qualifying mass layoffs (same as federal WARN). Covered employers: 75 or more full-time employees. Triggering events: plant closing affecting 50+ workers; mass layoff affecting 500+ workers or 50+ workers who are 33%+ of the workforce. Employers must notify: affected workers, IL IDES, and elected officials. Penalty for non-compliance: wages and benefits for each violation day (up to 60 days).

Illinois amended the Nursing Mothers in the Workplace Act effective January 1, 2026 to require that all lactation breaks up to 20 minutes be PAID. Previously, only breaks running concurrent with otherwise paid breaks were compensated. The 2026 amendment eliminates the concurrent-break requirement — standalone lactation breaks of 20 minutes or less must be paid. Breaks longer than 20 minutes may be unpaid. A reasonable space (not a bathroom) with privacy, electricity, and access to water continues to be required. Applies to all IL employers regardless of size.

Illinois employers with 15+ employees must include the pay scale and a general description of benefits in job postings (effective 2025).

Chicago employers with 1+ employee must provide TWO SEPARATE paid leave banks to employees who work 80+ hours in any 120-day period in Chicago (eff. July 1, 2024). BUCKET 1 — PAID SICK AND SAFE LEAVE (PSSL): Accrues at 1 hour per 35 hours worked; 40-hour annual accrual cap; qualifying reasons: own or family member illness/injury/medical appointment, domestic violence/sexual assault/stalking safe leave; up to 80 hours carry over each benefit year; no payout required on separation. BUCKET 2 — PAID LEAVE (PL, any reason): Accrues at 1 hour per 35 hours worked; 40-hour annual accrual cap; usable for ANY reason (employee need not explain); up to 16 hours carry over each benefit year; payout of unused accrued PL required on separation, phased by employer size: 100+ employees eff. July 1, 2024; 50–99 eff. July 1, 2025; 1–49 eff. July 1, 2026. Combined maximum: 80 hours per year (40 PSSL + 40 PL). Waiting period: 90 calendar days before first use (accrual begins day 1 of employment). Minimum use increment: 2 hours. Interaction with IL PLAWA: The Chicago ordinance supersedes the statewide PLAWA for Chicago employees — do NOT apply PLAWA accrual or carryover rules to employees covered by this ordinance. Enforcement: Chicago Department of Business Affairs and Consumer Protection (BACP).

Chicago's Fair Workweek Ordinance applies to employers with 100+ total employees and 50+ covered employees in Chicago, in 7 covered industries: retail, food service, hotel, building services, healthcare, warehouse, and manufacturing. Requires: 14-day advance written schedule; predictability pay for changes; 50% of regular rate for hours cancelled with less than 24-hour notice; employees must be offered additional hours before hiring.