Illinois Employee Vacation Request

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Multi-State
Control #:
US-106EM
Format:
Word; 
Rich Text
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Description

This Employment & Human Resources form covers the needs of employers of all sizes.

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FAQ

Employers may restrict or even dictate how and when employees may take their vacation days. Employers may require their workers to use their accrued vacation time for any absence. In some industries, forced vacation during slow business periods is standard practice.

Illinois. Illinois does not prohibit use-it-or-lose-it policies in the workplace. However, they do regulate it. Employers can require employees to use vacation time by a certain date as long as they give them a reasonable amount of time.

Vacation time is not required by law. But if vacation pay is earned, it must be given to the employee. If the employee leaves, they must be paid for their unused time. The state law that applies is the Illinois Wage Payment and Collection Act.

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.

Yes, an employer can require employees to take annual leave, provided that they follow the relevant procedures, in particular giving the employee the required notice.

In general, yes, employers may require the use of vacation/paid time off (PTO) and restrict its use. When there are no legal requirements, such as state and local paid sick leave laws, restrictions on the amount of notice required and the increments in which PTO may be used, are common.

Vacation time is not required by law. But if vacation pay is earned, it must be given to the employee. If the employee leaves, they must be paid for their unused time. The state law that applies is the Illinois Wage Payment and Collection Act.

Employers requiring all of their employees to take forced vacation time together in order to completely close an office for a period of time, sometimes do so in an effort to have employees use up their accrued vacation time so as to limit the amount of cash payments the company might have to make in upcoming company

The only practical step an employer might take is to make a refusal of the minimum required vacation time a disciplinary matter. For example, employees could be given a negative performance appraisal, denied promotion or suspended without pay, if they refuse to take minimum vacation time.

If you are requesting time off covered by FMLA or CFRA, the employer cannot legally deny your request for time off. However, if you request sick time, vacation time, or PTO, the employer can legally deny your request for time off. Having your vacation time or PTO request denied can be frustrating.

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Illinois Employee Vacation Request