Do I get paid time off as a server in Illinois?
IllinoisVerified September 23, 2026
The short answer
Yes, in most cases. Under Illinois’s paid leave law, workers earn one hour of paid leave for every 40 hours they work, up to 40 hours a year. You can use it for any reason, not only illness. The Department of Labor notes exceptions: some categories of workers aren’t covered, and an employer with an existing leave policy may fall under different rules.
The rule in Illinois
| How you earn it | 1 hour of paid leave for every 40 hours worked. |
|---|---|
| Yearly cap | Up to 40 hours per year. |
| What it’s for | Any reason. |
| Exceptions | Certain categories of workers aren’t covered; exceptions may apply if the employer has an existing policy. |
“The Paid Leave for All Workers Act (PLAWA) allows workers to earn up to 40 hours of paid leave from work each year. Workers can use paid leave for any reason” (Illinois Department of Labor: paid leave for all workers)
What’s different in Illinois
There’s no federal right to paid time off of any kind. Illinois goes past sick-leave laws in other states by letting you use the hours for anything: a sick kid, a court date, or a day you just need off. You don’t owe your manager a medical reason.
The accrual rate is slow for part-time servers. At 1 hour per 40 worked, a part-timer needs well over a year of steady shifts to bank the full 40. Your paid hour is valued at your wage, and the Illinois tipped cash wage is $9.00, so check your stub for how the house pays it out.
Official sources
Last verified
. Checked the agency pages linked above.
Still open: The Department of Labor page says exceptions exist for some workers and for employers with existing policies but doesn’t list them there.