Updates to Illinois Jury Act and Jury Commission Act

Employee Benefits, Compliance

Starting on January 1, 2027, certain employers in Illinois will need to provide paid leave to employees who have been summoned to serve on a jury as result of the passage of House Bill 4844. Employers will want to review their internal processes and procedures and make any necessary updates.

Required Jury Duty Leave

All employers in Illinois are required to provide time off to employees who are summoned to serve on a jury regardless of the shift an employee works. Starting January 1, 2027, employers with 26 or more employees must provide employees with their regular rate of pay while on jury duty. Employers with 25 or fewer employees are not required to provide paid time off. The law does not define whether employee count is based on employees located in Illinois or nationwide.

Employers may require reasonable notice of an employee’s need for jury duty leave. Reasonable notice is defined as providing an employer with a copy of the employee’s jury duty summons within 10 days of the issuance of the summons.

Upon return, employees are treated as if they were on furlough or leave of absence. The employee must be reinstated to their position without loss of seniority and can participate in insurance or other benefits provided by the employer under the rules relating to employees returning from furlough or leave of absence that were in place when the employee began jury duty.

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Key Takeaway: Illinois employers with more than 26 employees should prepare to offer paid leave for employees summoned to jury duty starting on January 1, 2027.

The information provided is a summary of laws and regulations relating to employee benefit plan compliance. This information should not be construed as legal advice. In all cases, employers should consult with their own legal counsel.