Module 2: Illinois Employment Law | SHRM-SCP + SPHR Prep

What is the key Illinois rule for employer coverage under this topic? • Illinois Human Rights Act: Coverage

Generally at least 1 employee for 20 or more calendar weeks in the current or preceding year for most discrimination claims. • Jurisdiction: Illinois • Agency: IDHR • Key Rule: Generally at least 1 employee for 20 or more calendar weeks in the current or preceding year for most discrimination claims.

What special Illinois employer-size rule applies to these claims? • Illinois Human Rights Act: Sexual harassment/pregnancy coverage

For claims involving sexual harassment, disability, pregnancy, childbirth, or related conditions, Illinois coverage applies with only 1 employee. • Jurisdiction: Illinois • Agency: IDHR • Key Rule: For claims involving sexual harassment, disability, pregnancy, childbirth, or related conditions, Illinois coverage applies with only 1 employee.

Which protected characteristics should an Illinois HR professional know under this law? • Illinois Human Rights Act: Protected classes

Illinois protects characteristics including race, color, ancestry, national origin, religion, sex, sexual orientation/gender identity, disability, pregnancy, age 40+, marital status, reproductive health decisions, family responsibilities, military status, order of protection status, citizenship/work authorization status, arrest record and conviction record subject to applicable limitations. • Jurisdiction: Illinois • Agency: IDHR • Key Rule: Illinois protects characteristics including race, color, ancestry, national origin, religion, sex, sexual orientation/gender identity, disability, pregnancy, age 40+, marital status, reproductive health decisions, family responsibilities, military status, order of protection status, citizenship/work authorization status, arrest record and conviction record subject to applicable limitations.

What protection does Illinois provide regarding gender identity? • Illinois Human Rights Act: Gender identity

Illinois law protects transgender, nonbinary and gender-nonconforming individuals from employment discrimination based on gender identity. • Jurisdiction: Illinois • Agency: IDHR • Key Rule: Illinois law protects transgender, nonbinary and gender-nonconforming individuals from employment discrimination based on gender identity.

What is Illinois' current state minimum wage for adult workers? • Illinois Minimum Wage Law: Minimum wage

Illinois minimum wage is $15.00/hour for workers age 18+ beginning January 1, 2025, subject to applicable exceptions and local requirements. • Jurisdiction: Illinois • Agency: IDOL • Key Rule: Illinois minimum wage is $15.00/hour for workers age 18+ beginning January 1, 2025, subject to applicable exceptions and local requirements.

When does Illinois generally require overtime? • Illinois Minimum Wage Law: Overtime

Covered employees generally receive 1.5 times the regular rate after more than 40 hours in a workweek, subject to exemptions. • Jurisdiction: Illinois • Agency: IDOL • Key Rule: Covered employees generally receive 1.5 times the regular rate after more than 40 hours in a workweek, subject to exemptions.

When is final compensation due in Illinois? • Wage Payment and Collection Act: Final pay

Final compensation is due at separation if possible, but no later than the next regularly scheduled payday. • Jurisdiction: Illinois • Agency: IDOL / ILGA • Key Rule: Final compensation is due at separation if possible, but no later than the next regularly scheduled payday.

Must earned vacation generally be paid at separation in Illinois? • Wage Payment and Collection Act: Vacation payout

Earned vacation provided under an employer policy or agreement generally must be paid as final compensation at separation, subject to applicable exceptions. • Jurisdiction: Illinois • Agency: IDOL / ILGA • Key Rule: Earned vacation provided under an employer policy or agreement generally must be paid as final compensation at separation, subject to applicable exceptions.

What are Illinois' general wage-payment deadlines by pay frequency? • Wage Payment and Collection Act: Pay frequency

Semi-monthly/biweekly wages are generally due within 13 days after the pay period; weekly wages within 7 days; daily wages generally the same day or within 24 hours. • Jurisdiction: Illinois • Agency: IDOL / ILGA • Key Rule: Semi-monthly/biweekly wages are generally due within 13 days after the pay period; weekly wages within 7 days; daily wages generally the same day or within 24 hours.

When may an Illinois employer generally deduct amounts from wages? • Wage Payment and Collection Act: Deductions

Deductions are generally permitted when required by law, for the employee's benefit, under a valid wage assignment/order, or with freely given express written consent at the time of deduction, subject to statutory exceptions. • Jurisdiction: Illinois • Agency: IDOL / ILGA • Key Rule: Deductions are generally permitted when required by law, for the employee's benefit, under a valid wage assignment/order, or with freely given express written consent at the time of deduction, subject to statutory exceptions.

What is the core Illinois paid-leave entitlement? • Paid Leave for All Workers Act: Core entitlement

Covered workers generally may earn and use at least 40 hours of paid leave during a 12-month period for any reason. • Jurisdiction: Illinois • Agency: IDOL • Key Rule: Covered workers generally may earn and use at least 40 hours of paid leave during a 12-month period for any reason.

What is the standard PLAWA accrual rate? • Paid Leave for All Workers Act: Accrual

Standard accrual is 1 hour of paid leave for every 40 hours worked, up to the statutory minimum. • Jurisdiction: Illinois • Agency: IDOL / ILGA • Key Rule: Standard accrual is 1 hour of paid leave for every 40 hours worked, up to the statutory minimum.

Can an employee use PLAWA for any reason? • Paid Leave for All Workers Act: Reason for leave

An employee may use PLAWA leave for any reason and generally cannot be required to provide the basis for the request. • Jurisdiction: Illinois • Agency: IDOL • Key Rule: An employee may use PLAWA leave for any reason and generally cannot be required to provide the basis for the request.

What is the maximum reasonable minimum increment for PLAWA use? • Paid Leave for All Workers Act: Minimum increment

An employer may set a reasonable minimum increment of no more than 2 hours per day; if the scheduled workday is less than 2 hours, the scheduled workday controls. • Jurisdiction: Illinois • Agency: IDOL / ILGA • Key Rule: An employer may set a reasonable minimum increment of no more than 2 hours per day; if the scheduled workday is less than 2 hours, the scheduled workday controls.

Does accrued PLAWA generally carry over? • Paid Leave for All Workers Act: Carryover

Accrued leave generally carries over to the next 12-month period, subject to statutory exceptions and frontloading rules. • Jurisdiction: Illinois • Agency: IDOL / ILGA • Key Rule: Accrued leave generally carries over to the next 12-month period, subject to statutory exceptions and frontloading rules.

Is unused PLAWA generally payable at separation? • Paid Leave for All Workers Act: Separation

PLAWA itself generally does not require payout of unused accrued leave at separation, subject to statutory rules and policy structure. • Jurisdiction: Illinois • Agency: IDOL / ILGA • Key Rule: PLAWA itself generally does not require payout of unused accrued leave at separation, subject to statutory rules and policy structure.

When did Illinois NICU leave take effect? • Family Neonatal Intensive Care Leave Act: Effective date

Illinois NICU leave took effect June 1, 2026. • Jurisdiction: Illinois • Agency: IDOL • Key Rule: Illinois NICU leave took effect June 1, 2026.

What does Illinois NICU leave generally provide? • Family Neonatal Intensive Care Leave Act: Entitlement

Qualifying employees primarily working in Illinois for an employer with 16+ employees may receive up to 20 days of unpaid, job-protected NICU leave while their child is a NICU patient, subject to statutory conditions. • Jurisdiction: Illinois • Agency: IDOL • Key Rule: Qualifying employees primarily working in Illinois for an employer with 16+ employees may receive up to 20 days of unpaid, job-protected NICU leave while their child is a NICU patient, subject to statutory conditions.

What weekly-rest protection does Illinois generally require? • One Day Rest in Seven Act: Weekly rest

Covered employees generally receive at least 24 consecutive hours of rest in every consecutive 7-day period, subject to statutory exceptions and permits. • Jurisdiction: Illinois • Agency: IDOL • Key Rule: Covered employees generally receive at least 24 consecutive hours of rest in every consecutive 7-day period, subject to statutory exceptions and permits.

What meal-period rule should Illinois HR know? • One Day Rest in Seven Act: Meal period

Generally, an employee working a 7.5-hour shift receives at least 20 minutes for a meal period beginning no later than 5 hours after the shift starts; longer shifts can trigger additional requirements. • Jurisdiction: Illinois • Agency: IDOL • Key Rule: Generally, an employee working a 7.5-hour shift receives at least 20 minutes for a meal period beginning no later than 5 hours after the shift starts; longer shifts can trigger additional requirements.

Can Illinois employers require salary-history disclosure? • Illinois Equal Pay Act: Salary history

Illinois generally prohibits employers from requesting or requiring wage/salary history, including benefits or other compensation, as a condition of employment or consideration. • Jurisdiction: Illinois • Agency: IDOL • Key Rule: Illinois generally prohibits employers from requesting or requiring wage/salary history, including benefits or other compensation, as a condition of employment or consideration.

When must Illinois job postings include pay and benefit information? • Illinois Equal Pay Act: Pay transparency

Employers with 15+ employees that make covered specific job postings must include the pay scale and benefits, including for covered Illinois work or work reporting to an Illinois office/site/supervisor. • Jurisdiction: Illinois • Agency: IDOL • Key Rule: Employers with 15+ employees that make covered specific job postings must include the pay scale and benefits, including for covered Illinois work or work reporting to an Illinois office/site/supervisor.

When must current employees be notified of an externally posted opportunity? • Illinois Equal Pay Act: Promotional opportunity

If a covered employer externally posts a covered opportunity, it generally must notify current employees of the opportunity within 14 calendar days. • Jurisdiction: Illinois • Agency: IDOL • Key Rule: If a covered employer externally posts a covered opportunity, it generally must notify current employees of the opportunity within 14 calendar days.

What rights does Illinois law give employees regarding personnel records? • Personnel Records Review Act: Employee access

Employees have rights to inspect, copy and receive copies of specified personnel documents, employment-related agreements, certain handbooks and policies. • Jurisdiction: Illinois • Agency: IDOL / ILGA • Key Rule: Employees have rights to inspect, copy and receive copies of specified personnel documents, employment-related agreements, certain handbooks and policies.

How many qualifying personnel-record requests must generally be allowed? • Personnel Records Review Act: Request frequency

An employer generally must allow at least 2 qualifying personnel-record requests per employee per calendar year. • Jurisdiction: Illinois • Agency: IDOL / ILGA • Key Rule: An employer generally must allow at least 2 qualifying personnel-record requests per employee per calendar year.

How quickly must an employer generally respond to a personnel-record request? • Personnel Records Review Act: Response deadline

A qualifying request generally must be answered within 7 working days, with an additional 7 calendar days available when the employer can reasonably show the first deadline cannot be met. • Jurisdiction: Illinois • Agency: IDOL / ILGA • Key Rule: A qualifying request generally must be answered within 7 working days, with an additional 7 calendar days available when the employer can reasonably show the first deadline cannot be met.

What current Illinois rule applies to older disciplinary records before third-party disclosure? • Personnel Records Review Act: Older discipline

Beginning January 1, 2026, employers generally must delete disciplinary reports, reprimands and other disciplinary records more than 4 years old before releasing information to a third party, subject to statutory exceptions. • Jurisdiction: Illinois • Agency: ILGA • Key Rule: Beginning January 1, 2026, employers generally must delete disciplinary reports, reprimands and other disciplinary records more than 4 years old before releasing information to a third party, subject to statutory exceptions.

What does Illinois protect employees from regarding certain political or religious employer meetings? • Worker Freedom of Speech Act: Political/religious meetings

Employees generally cannot be disciplined or penalized for declining employer-sponsored meetings or communications intended to communicate the employer's opinion about political or religious matters, subject to statutory exceptions. • Jurisdiction: Illinois • Agency: IDOL • Key Rule: Employees generally cannot be disciplined or penalized for declining employer-sponsored meetings or communications intended to communicate the employer's opinion about political or religious matters, subject to statutory exceptions.

What new-hire reporting obligations should Illinois HR know? • Unemployment Insurance Act: New-hire reporting

Illinois employers must report new and rehired employees and certain independent contractors to the State Directory of New Hires by the applicable deadline. • Jurisdiction: Illinois • Agency: IDES • Key Rule: Illinois employers must report new and rehired employees and certain independent contractors to the State Directory of New Hires by the applicable deadline.

When are Illinois quarterly UI wage reports generally due? • Unemployment Insurance Act: Quarterly reporting

Illinois quarterly wage reports and contributions are generally due April 30, July 31, October 31 and January 31. • Jurisdiction: Illinois • Agency: IDES • Key Rule: Illinois quarterly wage reports and contributions are generally due April 30, July 31, October 31 and January 31.

Which employers have an additional Illinois monthly wage-reporting obligation? • Unemployment Insurance Act: Monthly reporting

Employers with 25+ employees in the prior calendar year generally have an additional monthly electronic wage-reporting requirement. • Jurisdiction: Illinois • Agency: IDES • Key Rule: Employers with 25+ employees in the prior calendar year generally have an additional monthly electronic wage-reporting requirement.

When can a temporary laborer trigger Illinois equal-pay requirements? • Day and Temporary Labor Services Act: Equal pay

A covered day or temporary laborer assigned to a third-party client for more than 720 hours in 12 months may be entitled to at least the specified comparable direct-hire straight-time rate, subject to statutory requirements. • Jurisdiction: Illinois • Agency: IDOL • Key Rule: A covered day or temporary laborer assigned to a third-party client for more than 720 hours in 12 months may be entitled to at least the specified comparable direct-hire straight-time rate, subject to statutory requirements.

Can an Illinois employer rely solely on federal EEO coverage thresholds? • Federal vs. Illinois: Coverage comparison

A 12-employee Illinois employer cannot dismiss an employment-discrimination issue solely because it is below the federal ADA/Title VII 15-employee threshold; Illinois Human Rights Act coverage may still apply. • Jurisdiction: Illinois • Agency: IDHR / EEOC • Key Rule: A 12-employee Illinois employer cannot dismiss an employment-discrimination issue solely because it is below the federal ADA/Title VII 15-employee threshold; Illinois Human Rights Act coverage may still apply.

Can an Illinois employer rely solely on the federal minimum wage? • Federal vs. Illinois: Wage comparison

An Illinois employer paying a covered worker $7.25/hour may satisfy the federal minimum wage but generally violates Illinois' $15/hour state minimum wage requirement. • Jurisdiction: Illinois • Agency: IDOL / DOL • Key Rule: An Illinois employer paying a covered worker $7.25/hour may satisfy the federal minimum wage but generally violates Illinois' $15/hour state minimum wage requirement.

Can PLAWA provide paid leave without requiring a personal reason? • Federal vs. Illinois: Leave comparison

An Illinois employee seeking a day off for personal reasons may be able to use PLAWA leave without stating the reason, assuming coverage and applicable request rules. • Jurisdiction: Illinois • Agency: IDOL • Key Rule: An Illinois employee seeking a day off for personal reasons may be able to use PLAWA leave without stating the reason, assuming coverage and applicable request rules.