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      • The final regulations clarified that employees are to be paid their hourly rate of pay when taking paid leave. The proposed regulations included a “regular rate of pay” calculation for some employees, but this calculation has been removed in the final regulations and is now consistent with the act.
      www.fisherphillips.com/en/news-insights/illinois-clarifies-5-key-points-on-new-paid-leave-law.html
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  2. May 9, 2024 · The final regulations confirmed that employers may pro-rate frontloaded paid leave for employees who begin their employment in the middle of the 12-month period, consistent with the employee’s anticipated work schedule.

  3. When conducting a layoff or a furlough, employers should carefully consider whether state and local laws on issuing an employee’s final paycheck and payout for accrued and unused PTO may be triggered.

    • Do Employers Have to Pay Out Vacations Or Provide Benefits During A Furlough?
    • Do Not Allow Your Employees to Work During A Furlough!
    • What About Payment of Sick Leave?
    • How Long Can I Furlough My Employees?

    While other states may vary, Illinois requires that employers pay out any accrued but unused vacation time or PTO once an employee is terminated. However, there is no such requirement in Illinois for employees who have been furloughed. So no, if you need to furlough some of your employees, there is a good argument to be made that you are not requir...

    And on the subject of payments, you should definitely consider instituting a “no-work rule” during a furlough. While non-exempt employees only have to be paid for their hours worked, exempt employees are entitled to a full week’s worth of pay, even if they engage in only a single hour’s worth of work during that week. Answering an email or taking a...

    In normal circumstances, this would be the end of the conversation regarding employee benefits. However, the coronavirus outbreak has sparked new federal legislation that mandates paid sick leave under certain circumstances and expands FMLA coverage. On March 18, 2020, Congress passed the Families First Coronavirus Response Act (FFCRA), which conta...

    As mentioned above, there is no hard and fast rule on the duration of a furlough. However, while there are no set legal restrictions attached to how long you can furlough, there are several matters of best practices that you should keep in mind when asking this question. You can’t string people along forever – understandably, your employees would b...

  4. Furloughed Workers. If you have been temporarily laid off or furloughed, please see the information below about the unemployment insurance process. Download this information as a PDF: English | Spanish | Polish | Tagalog | Hindi | Chinese | Arabic.

  5. Dec 15, 2020 · At this point, many businesses hope to summon their furloughed employees back to work. Do Furloughed Workers Get Paid? Furloughed workers do not get paid for the period of the furlough. Employers can be forced to initiate furloughs when they do not have the means to continue to pay their full roster of employees under current economic conditions.

  6. It is not necessary for an employer to pay the furloughed employees and then claim back under the scheme and hence employers can furlough staff on the basis that they will receive furlough pay but only if the employer is able to successfully claim such payment under the scheme.

  7. Generally, most workers in Illinois are “at-willemployees. This means that employment decisions like hiring, firing, and lay offs are at the will of the company. But there are many exceptions to this general rule. Employees have certain rights that determine whether a company acted properly. These rights may come from: