Can an Illinois employer require a doctor's note? It depends on the type of leave. Under the statewide Paid Leave for All Workers Act, an employer cannot require a doctor's note or even ask the reason for the leave. For other absences governed by company policy, there is no Illinois law barring a reasonable note requirement, so a verifiable note can still help.
Illinois has a statewide leave law, but it is broader than a typical sick-leave law. The Paid Leave for All Workers Act, effective January 1, 2024, lets most employees earn up to 40 hours of paid leave per year usable for any reason — and employers cannot require documentation or ask why the leave is taken. Chicago and most of Cook County have their own ordinances that add a separate paid-sick-leave bank. For absences outside these laws, employer policy controls, and a clear, verifiable physician's note can support a request for time off.
How sick leave works in Illinois
Illinois has a statewide leave law, but it is broader than a traditional sick-leave law. The Paid Leave for All Workers Act, effective January 1, 2024, entitles most employees to earn at least one hour of paid leave for every 40 hours worked, up to 40 hours in a 12-month period. This leave can be used for any reason, and an employee does not have to tell the employer why it is being taken.
Chicago and most of Cook County are covered by their own local ordinances instead of the state act. These add a separate paid-sick-leave component on top of an any-reason paid-leave bank.
When a doctor’s note can be required
The answer depends on the type of leave:
- Statewide paid leave: Under the Paid Leave for All Workers Act, an employer cannot require a doctor’s note or any documentation, and cannot require the employee to state a reason for the leave.
- Chicago paid sick leave: An employer may generally require certification only after an absence of more than three consecutive workdays.
- Absences governed by company policy: Outside the statewide paid-leave law and Chicago’s ordinance, there’s no Illinois rule on this, so it’s the employer’s policy that decides. Most such policies want a note from a licensed physician that states the dates without naming a diagnosis.
Local ordinances
Chicago’s Paid Leave and Paid Sick and Safe Leave Ordinance (effective July 1, 2024) provides two banks of time: an any-reason paid-leave bank and a separate paid-sick-leave bank. The Cook County Paid Leave Ordinance (effective January 1, 2024) covers employees in the rest of the county, though some home-rule municipalities have opted out; where a municipality has opted out, the statewide act generally applies instead.
Illinois, Chicago, and Cook County rules shift over time, and none of this is legal advice. Check anything urgent with the relevant agency first.
Local ordinances in Illinois
- Chicago: The Paid Leave and Paid Sick and Safe Leave Ordinance (effective July 1, 2024) provides both an any-reason paid-leave bank and a separate paid-sick-leave bank; documentation for sick leave may generally be required only after more than three consecutive workdays.
- Cook County: The Cook County Paid Leave Ordinance (effective January 1, 2024) provides up to 40 hours of any-reason paid leave per year for employees outside Chicago, though some home-rule municipalities have opted out.
Sources
Frequently asked questions
Does Illinois require paid leave?
Can my employer ask for a note when I use Illinois paid leave?
Can my Illinois employer ever require a doctor's note?
This is general information about Illinois rules, not legal advice. Laws change; verify current requirements with the linked primary sources or an employment attorney.