In this series, we will explore some of the ways states vary from one another in their employment laws.
While 17 states and the District of Columbia have paid time off entitlements specifically linked to sick leave, states generally do not mandate paid vacation. In most states, paid vacation is a voluntary perk offered at the employer's discretion. However, two states break the mold and essentially require paid vacation.
The Illinois Paid Leave for All Workers Act applies to all Illinois employees who work outside of Chicago — which has its own paid vacation and paid sick leave laws — and suburban Cook County, which has a law that mirrors the state's. The Act mandates accrual of one hour of paid leave for every 40 hours worked, up to a maximum of 40 hours annually. Employees may use this accrued leave for any reason they choose — whether for sick leave, a beach vacation, to let a plumber into the house for repair work, or any other reason they choose. Significantly, employees are not required to provide employers with a reason for their leave, and employers cannot ask for documentation to support the leave request.
Maine’s earned paid leave law also allows employees to earn one hour of paid leave for every 40 hours worked, up to a maximum of 40 hours per year. While Maine’s law is less explicit than Illinois’ law regarding the permissible use of leave, it does not impose restrictions on the reasons for using accrued leave, nor does it require employees to specify a reason for using their leave. As such, employees in Maine have the same broad flexibility to use their paid leave as those in Illinois.