2026 Illinois Labor Law Roundup
The following changes to Illinois employment law take effect on January 1, 2026, and apply to employers of all sizes unless otherwise noted:
Organ Donor Leave Applies to Part-Time Employees
The state's paid organ donation leave law, which applies to employers with 51+ employees, will be expanded to cover part-time employees. During leave, employers must pay part-time employees at a rate equal to their average daily pay from the previous two months of employment.
Employee Protections for Crime Recordings
Employers can't "deprive" employees of the use of employer-issued equipment because the employee used it (or tried to use it) to record a violent crime committed against them or their family or household member.
While deprive is not defined, we assume this includes taking the equipment away entirely or restricting its use (i.e., telling an employee they can no longer use the camera or video features).
Employers must also provide employees access to any digital files stored on the equipment-including photos and recordings-related to the crime and can't take adverse action against an employee because that equipment was used to make the recordings.
Use of AI in Employment
Employers are required to give employees notice if they use artificial intelligence (AI) for employment purposes such as recruiting, discipline, or selection for training. The law doesn't indicate the type or form of notice that's required!
Additionally, employers are prohibited from using Al to discriminate based on protected classes and from using ZIP codes in a way that targets protected groups (for instance, as a filter in resume screening). The Illinois Department of Human Rights can adopt rules to further explain these requirements, but we don't know if or when it will.
Lactation Break Pay Clarified
Employers with six or more employees must compensate paid lactation breaks at an employee's regular rate of pay. (This is how the law should have been interpreted before, but now it's crystal clear.) The update also clarifies that employees can't be forced to use other types of paid leave (i.e., PTO) during lactation break time.
Action Items:
Make sure the necessary parties (HR, managers, IT) are aware of employees' rights and update policies if needed.
Update your blood and organ donor leave policy.
Update your lactation policy if needed.