New Laws Taking Effect in 2023 Impact Employers, Employees

New laws expand bereavement rights, increase minimum wage

• “Legislation passed by the General Assembly and signed into law by Governor JB Pritzker in 2022 expands upon and changes certain rights and protections in the workplace,” said Illinois Department of Labor Acting Director Jane Flanagan. “It’s important for employers and employees to be aware of the new laws taking effect January 1st, and those already in effect.”

• In 2019, Governor Pritzker led the effort to increase the minimum wage for workers in Illinois. The law passed increases the wage by $1 every year through 2025. This year the minimum wage increases to $13 an hour, and $7.80 an hour for tipped workers. Workers in the Chicago and Cook County area should be aware that the minimum wage may be higher there due to local ordinances.

• Unpaid leave rights are being expanded for employees. The Family Bereavement Leave Act (FBLA) amends what was the Child Bereavement Leave Act (CBLA) to expand job-protected leave to cover pregnancy loss, failed adoptions, unsuccessful reproductive procedures, and other diagnoses or events negatively impacting pregnancy or fertility. The FBLA also now requires employers to provide leave time after the loss of family members such as parents or siblings. Employees may take up to two weeks, or 10 working days, of unpaid leave time for any of the events covered by the FBLA.

• The amended One Day Rest in Seven Act (ODRISA) gives workers the right to a day of rest every workweek and breaks for meals or rest during daily work shifts. Employers covered by ODRISA must post a notice at the workplace informing workers of their rights under the Act. The notice is available on the IDOL website.

• An amendment to the Employee Sick Leave Act mandates that employers who provide sick leave benefits must allow employees to take leave in the event of a family member illness on the same conditions which the employee can take leave for their own illness.