Employer of Record · Illinois

Employer of Record in Illinois.
Paid Leave Compliant.

Illinois enacted the Paid Leave for All Workers Act in 2024 — giving every employee 40 hours of paid leave per year for any reason. Combined with the Freelance Worker Protection Act, a $15/hr minimum wage, and Chicago-specific rules layered on top, Illinois is one of the most worker-protective states in the Midwest. WorkGenius becomes your legal employer and handles every layer of compliance from day one.

$15.00/hr
State minimum wage
40 hrs/yr
Paid leave (any reason)
$250+
Freelance contract threshold

Illinois by the Numbers

Minimum wage
$15.00/hr
Chicago: $16.20/hr; Cook County: $15.00/hr — fully phased in statewide as of Jan 2025
Paid leave
40 hrs/year
For any reason — no medical documentation required (Paid Leave for All Workers Act, Jan 2024)
Freelance Worker Protection
$250+ threshold
Written contracts required for freelance engagements valued at $250 or more
Final paycheck
Next payday
Due at the next regular payday following termination
Non-compete (low-wage workers)
Unenforceable
Non-competes banned for workers earning under $75,000/yr; partially restricted up to $247,500
Paid Family Leave
None (state)
Illinois has no state-mandated paid family leave program — FMLA unpaid leave applies
The Defining Law

Paid Leave for All Workers Act: 40 Hours for Any Reason

Effective January 1, 2024, Illinois's Paid Leave for All Workers Act (PLAWA) requires all private employers to provide at least 40 hours of paid leave per year to every employee. Unlike traditional sick leave laws, employees can use this leave for any reason — no medical documentation, no explanation required. This is one of the broadest paid leave mandates in the country and catches many out-of-state companies by surprise when they hire their first Illinois-based worker.

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The ABC Test
  • Applies to all private employers with Illinois-based employees, effective January 1, 2024
  • Employees accrue 1 hour of paid leave for every 40 hours worked, up to 40 hours per year
  • Leave may be used for any reason — illness, personal matters, family care, or anything else
  • No medical documentation or advance notice required (except reasonable advance notice for foreseeable leave)
  • Unused leave carries over year-to-year; employers may cap usage at 40 hours per year
  • Violations can result in civil penalties, back pay, and attorney's fees — plus IDOL enforcement actions
  • Chicago has its own Paid Sick and Safe Leave Ordinance that provides additional protections
  • WorkGenius tracks accrual, usage, and carryover for every Illinois employee automatically
Illinois Coverage

What WorkGenius Handles for Illinois

Illinois stacks state law, Chicago ordinances, and federal requirements into one of the most complex compliance environments in the Midwest.

Paid Leave for All Workers Act

Leave accrual tracked at 1 hour per 40 hours worked. Carryover managed. Usage available for any reason with no documentation required. Full PLAWA compliance on every payroll cycle.

Illinois Payroll

State income tax withholding, Chicago and Cook County minimum wage tiering, semi-monthly pay requirements, and detailed pay stub requirements under the Illinois Wage Payment and Collection Act — all handled on every pay cycle.

Freelance Worker Protection Act

Written contracts for any Illinois freelance engagement valued at $250 or more. Payment terms tracked and enforced. Zero risk of double-damage penalties under the FWPA.

Non-Compete Agreements

Illinois bans non-competes for employees earning under $75,000/year, and limits them for those earning under $247,500/year. WorkGenius drafts compliant agreements that protect your business within Illinois's restrictions.

Benefits Administration

ACA-compliant health coverage, 401(k), disability insurance, and Chicago-specific benefit requirements — all enrolled and administered. Illinois and Chicago leave accruals managed and tracked.

Termination & Final Pay

Final pay on the next regular payday, COBRA administration, compliant separation documentation, and proper handling of accrued leave balances and any restrictive covenant obligations.

Illinois Compliance Dashboard
3 workers · All compliant
Live
Paid Leave Accrual Check
Passed
Accruing at 1 hr per 40 hrs worked
Carryover tracked year-to-year
Chicago $16.20/hr rate applied
This Week's Payroll
$15.00
Base/hr
$22.50
OT rate (1.5×)
Auto
Calculated
Weekly invoice sent
Every Friday · All-in rate
Sent
Technology-Powered

How WorkGenius Handles Illinois EOR

Most EOR providers use manual checklists. WorkGenius runs Illinois's Paid Leave for All Workers Act, Chicago wage tiers, and Freelance Worker Protection Act requirements directly in the platform — automatically, on every payroll cycle.

  • Paid Leave for All Workers Act
    Leave accruing at 1 hour per 40 hours worked, tracked automatically. Carryover managed. Available for any reason — no documentation required. Full PLAWA compliance on every payroll cycle.
  • Illinois Payroll, Automatically
    State and Chicago minimum wage tiers applied based on work location. State income tax withheld. SUTA contributions filed. All calculated and remitted on every pay cycle without you lifting a finger.
  • Real-Time Compliance Monitoring
    Illinois and Chicago minimum wages increase annually. Our platform auto-updates — so you're always paying the correct rate and applying the right rules based on each worker's location.
  • One Weekly Invoice
    A single, transparent weekly invoice covering payroll, taxes, benefits, and compliance. No surprises, no hidden fees.

Other Key Illinois Compliance Areas

Beyond the Paid Leave for All Workers Act, Illinois layers multiple additional requirements on top of federal law.

Illinois Freelance Worker Protection Act

$250+ threshold

Effective July 1, 2024, Illinois requires written contracts for any freelance engagement valued at $250 or more (single or cumulative over 120 days). Contracts must specify payment terms; payment is due by the date in the contract or within 30 days of completion. Violations expose companies to double damages and attorney's fees.

Non-Compete Restrictions (SB 672)

Income thresholds apply

Illinois bans non-compete agreements for employees earning under $75,000 per year, and bans non-solicitation agreements for those earning under $45,000 per year. Higher-earning employees can be subject to non-competes, but courts require 14 days of review time before signing and "adequate consideration." WorkGenius ensures all agreements comply.

Chicago-Specific Rules

Chicago: $16.20/hr

Chicago has a higher minimum wage ($16.20/hr in 2025), its own Paid Sick and Safe Leave Ordinance (up to 80 hours/year for employers with 100+ employees), and additional worker protections. WorkGenius applies the correct rules based on each worker's work location, not just the state-level baseline.

Illinois Human Rights Act

1+ employee

Illinois's Human Rights Act applies to employers with as few as 1 employee — one of the lowest thresholds in the country. It prohibits discrimination based on all federally protected classes plus additional protected categories including source of income, gender identity, and military status. WorkGenius employment practices are IHRA-compliant from day one.

Simple Process

How It Works in Illinois

From first conversation to fully compliant employment — typically within days.

1

Tell Us What You Need

Workers, roles, locations, and start dates. We tailor the setup to your needs.

2

We Assess & Classify

Our AI runs every worker through California's ABC test. We prepare compliant contracts and payroll setup.

3

Workers Are Employed

Onboarded with California-compliant contracts, benefits enrolled, payroll running from day one.

4

We Handle Ongoing

Payroll runs with daily OT. Taxes filed. Compliance monitored. One weekly invoice.

Illinois EOR: Common Questions

Does the Paid Leave for All Workers Act apply if my company is based outside Illinois?

Yes. The Paid Leave for All Workers Act applies based on where the employee performs work, not where your company is headquartered. If you have even one employee working in Illinois — including remotely from an Illinois address — you must provide 40 hours of paid leave per year that can be used for any reason. WorkGenius tracks accrual, usage, and carryover automatically for every Illinois employee.

What is the difference between Illinois's Paid Leave for All Workers Act and sick leave?

Traditional paid sick leave laws restrict usage to illness, injury, or caregiving situations. Illinois's Paid Leave for All Workers Act is broader — employees can use their 40 hours of leave for any reason at all, without providing medical documentation or a specific explanation. Employers cannot require documentation for PLAWA leave. Chicago's Paid Sick and Safe Leave Ordinance provides additional sick leave on top of this.

How does Illinois's Freelance Worker Protection Act compare to New York's?

Both laws require written contracts for freelance engagements above a dollar threshold, mandate timely payment, and prohibit retaliation. The key difference is the threshold: New York's law applies to engagements valued at $800 or more; Illinois's law applies at $250 or more — a much lower bar that catches more engagements. Both laws apply based on where the worker is located, not where your company is based.

Can I enforce non-compete agreements with Illinois employees?

It depends on the employee's compensation. Illinois bans non-competes entirely for employees earning under $75,000 per year. For employees earning between $75,000 and $247,500, non-competes are permitted but must be supported by adequate consideration (at least 2 weeks of advance notice before termination if tied to termination, or some other benefit). For employees above $247,500, courts apply a reasonableness standard. WorkGenius drafts agreements that comply with Illinois's income-tiered approach.

What are the minimum wage rules for Chicago vs. the rest of Illinois?

Illinois has a statewide minimum wage of $15.00 per hour as of January 2025. Chicago has its own higher minimum: $16.20 per hour in 2025, with annual increases tied to the Consumer Price Index. Cook County (outside Chicago) follows the Illinois state rate. WorkGenius automatically applies the correct minimum wage based on each employee's work location.

Does Illinois require workers' compensation insurance?

Yes. Unlike Texas, Illinois requires all employers to carry workers' compensation insurance as soon as they have one employee. There are no exceptions for small employers. The Illinois Workers' Compensation Act is strictly enforced — operating without required coverage can result in civil and criminal penalties, including stop-work orders. WorkGenius obtains and maintains workers' comp coverage as part of the EOR arrangement.

Employer of Record

Ready to Employ in Illinois Compliantly?

WorkGenius handles AB5 classification, California payroll, benefits, and every other compliance requirement so you don't have to. Get started today.

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