Illinois senator proposes paid menstrual health leave requirement

Adriane Johnson, Senator
Adriane Johnson, Senator
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Legislation introduced by Senator Adriane Johnson would require Illinois employers to provide up to 40 additional hours of paid leave for employees with “menstrual health condition[s].” The bill, SB 2967, covers all employers in the state, including those with only one employee.

This proposed mandate adds to existing obligations under the Paid Leave for All Workers Act. According to the legislation, “[a]n employer may request up to 24 hours of notice by an employee for foreseeable requests for leave…. [but] an employer shall allow for short-notice requests for leave if an employee has an acute need for the leave.” The terms “foreseeable” and “acute” are not defined in the bill.

To qualify, employees must have a “documented history of a debilitating menstrual health condition.” However, “[a]n employer shall not require an employee to provide a doctor’s note for requests for leave under this Section that are less than 3 days in duration.”

Employers found in violation could face civil penalties of up to $5,000 per affected employee. Employees would also have the option to file complaints with the Department of Labor or pursue civil lawsuits against their employers.



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