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Business laws for small businesses

Cook County paid leave: what employers owe and when

A short cheat sheet on the any-reason paid leave law for work done in Cook County, with the accrual rules, dates and penalties, and a plain note on what applies in Chicago and the collar counties.

Prepared by Prem Tax and Accounting Corp. Last checked against official sources on October 29, 2026.

The Cook County Paid Leave Ordinance gives workers paid time off for any reason, and the Commission on Human Rights enforces it. It applies to work done in Cook County; Chicago and the collar counties follow other laws. Our Hour-Bank Roundup turns it into a routine. Official text: Chapter 42, Article I, Division 1 of the County Code.

The short version
  • Covers Cook County work outside Chicago since December 31, 2023.
  • Workers earn 1 hour for every 40 worked, with at least 40 hours a year (scaled down for part-timers). The time can be used for any reason once 90 days have passed.
  • No small-business exemption: one employee is enough.
  • Chicago uses 1 hour per 35; DuPage, Kane, Will and Kendall generally follow Illinois law.
  • $500 to $1,000 per violation per employee, plus lost pay.

Slide show: Cook County paid leave in five slides

  1. What it is

    Any-reason paid leave for Cook County work since December 31, 2023.

  2. Who it covers

    Any employer with one employee or more; not Chicago or lawful opt-out towns.

  3. How it builds

    1 hour per 40 worked, a 40-hour yearly minimum, or the amount up front.

  4. How it works

    Usable after 90 days, no reason or note; employers may ask 7 days' notice if foreseeable.

  5. If it goes wrong

    $500 to $1,000 per violation per employee; three times the unpaid leave in court.

Who it covers

GroupCovered?Note
Employers with staff working in Cook CountyYesAny size; part-timers and temps count
Local governments, school and park districtsYesSchools and parks since January 1, 2025
Independent contractorsNoDomestic workers excepted
ChicagoNoIts own ordinance applies
Suburbs that opted outNoIllinois law; ask the village
DuPage, Kane, Will, KendallGenerally noStaff doing half or more of paid work in Cook may count

The numbers

Checked October 27, 2026, against the Code and April 2025 Rules.

ItemAmountYear in force
Accrual1 per 40 worked; 40-hour yearly minimumSince 2023
Wait; smallest block90 days; up to 2 hours a daySince 2023
Carryover capNot below 40 hoursRules, April 2025
Records (minimum); time to file3 years eachSince 2023
Penalty$500 to $1,000 per violation per employeeSince February 2024
Chicago; Illinois accrual1 per 35; 1 per 402026
Hours worked per hour of leave 2026
Chicago35 hours
Cook County outside Chicago40 hours
Illinois law40 hours

Source: Cook County, Chicago, Illinois law

Our checklist

The Hour-Bank Roundup is our six-stop look at one pay period.

  • Place each site: Cook County, Chicago, an opted-out town or another county.
  • Pick a method: 1 per 40 worked, or 40 hours up front.
  • Open the bank: after 90 days, any reason, no note.
  • Post and hand over: County notice; written policy at hire and yearly.
  • Keep the ledger: hours, leave earned and used, balance.
  • Pay out: PTO banks at separation if possible, by the next regular payday.

Mistakes people make

  • Asking for a reason, a note or a replacement worker.
  • Counting leave as an attendance point or skipping the County poster.
  • Trusting an old sick leave opt-out.

Talk to an attorney about a complaint, a lawsuit, a suburb's opt-out or a contractor label.

Common questions

Is there a small-business exemption?

No. One employee is enough.

How does it differ from the Illinois law?

Accrual matches at 1 per 40. The state act steps aside where a county ordinance existed on January 1, 2024, but generally covers opted-out suburbs and the collar counties. See [Illinois laws](/small-business-laws/illinois/).

Is unused leave paid out?

Only from a PTO or vacation bank, at separation if possible, by the next regular payday.

Official sources

Keep reading

Questions about how a law touches your payroll, taxes or entity? Keshav Agrawal is a U.S. CPA and a Chartered Accountant (CA) from India. We handle the tax and accounting side and can work alongside your attorney. We are not a law firm and cannot give legal advice. Book a 20-minute call or send us a message.

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