---
title: "Paid leave for servers in Illinois"
description: "Illinois workers earn up to 40 hours of paid leave a year, 1 hour per 40 worked, and can use it for any reason. Some exceptions apply."
url: https://www.tipmaxapp.com/us/answers/illinois/paid-sick-leave
language: en
publisher: TipMax (Entermaurs Incorporated)
date_published: 2026-09-23
last_verified: 2026-09-23
---

# Do I get paid time off as a server in Illinois?

**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 rules in Illinois

| Rule | What it says |
| --- | --- |
| 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, https://labor.illinois.gov/laws-rules/paidleave.html)

## 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

- [Illinois Department of Labor: paid leave for all workers](https://labor.illinois.gov/laws-rules/paidleave.html)

## Last verified

September 23, 2026. 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.

## About TipMax

Illinois leave accrues at 1 hour per 40 worked, so a log of your hours per shift shows how close you are to the 40-hour cap.

TipMax is an iPhone app for servers and bartenders that tracks tips and tip-outs and turns a restaurant menu into study flashcards.

Download TipMax free: https://apps.apple.com/us/app/tipmax-study-track-earn/id6744850146

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TipMax Answers explains public government guidance on pay and workplace rules in plain English for tipped workers. It is **not legal, tax, or accounting advice**. Rules change and local rules can add to them. Confirm with the agency linked on this page or a qualified professional. TipMax the app helps you track tips and pay; it doesn’t enforce wage law or decide disputes.