SB2967 104TH GENERAL ASSEMBLY

LRB104 17106 SPS 30525 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2967

Introduced 1/27/2026, by Sen. Adriane Johnson

SYNOPSIS AS INTRODUCED:

New Act

Creates the Menstrual Health Workplace Equity Act. Provides that an employee who experiences a menstrual health condition may use up to 40 hours of paid leave per year that the employee is entitled to under the Paid Leave for All Workers Act for menstrual health reasons. Provides that, if the paid leave the employee is entitled to is insufficient to cover the employee's needs, the employee may request an additional 40 hours of paid menstrual leave per year or request a hybrid work option. Sets forth provisions concerning employer responsibilities and enforcement by the Department of Labor. Effective immediately.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Menstrual Health Workplace Equity Act.

Section 5. Findings and purpose.

(a) The General Assembly finds and declares:

(1) Menstruation is a natural biological process, but for some people, it can occur with severe symptoms that are debilitating. The employment laws of this State do not adequately address this issue.

(2) In order to ensure menstrual equity in the workplace, it is important to recognize menstrual complications as a qualifying condition for leave.

(3) The debilitating pain that women experience during menstruation is similar to an illness.

(4) This Act represents an important shift in how workplaces and institutions view women's health, and it is critical to breaking taboos and moving toward a more inclusive and balanced workplace.

(b) The purpose of this Act is to improve employee well-being, create a more inclusive workplace, and reduce stigma, leveraging the progressive stance of this State toward paid leave to specifically address menstrual health.

Section 10. Definitions. As used in this Act:

"Department" means the Department of Labor.

"Employee" has the meaning ascribed to that term in Section 2 of the Illinois Wage Payment and Collection Act and also includes any employee of the State of Illinois.

"Employer" has the meaning ascribed to that term in Section 2 of the Illinois Wage Payment and Collection Act and also includes the State of Illinois.

"Hybrid work option" means allowing an employee to work remotely.

"Menstrual health condition" means symptoms caused by menstruation, endometriosis, polycystic ovary syndrome, or menopause.

Section 15. Menstrual health leave.

(a) An employee who experiences a menstrual health condition may use up to 40 hours of paid leave per year that the employee is entitled to under the Paid Leave for All Workers Act for menstrual health reasons. If the paid leave the employee is entitled to is insufficient to cover the employee's needs, the employee may request an additional 40 hours of paid menstrual leave per year or request a hybrid work option.

(b) An employer that provides the minimum number of hours of paid leave for menstrual health reasons to an employee is not required to carry over that paid leave from one 12-month period to a different 12-month period.

(c) An employer shall not require that an employee provide any specific reasons beyond menstrual health for a request for leave made under this Section.

(d) An employer may request up to 24 hours of notice by an employee for foreseeable requests for leave made under this Act. However, an employer shall allow for short-notice requests for leave if an employee has an acute need for the leave.

(e) An employee who makes a request for leave under this Section must have a documented history of a debilitating menstrual health condition. An 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. An employer shall develop a policy that allows for absences that exceed 3 days with a focus on an employee's fitness to perform job-related tasks.

Section 20. Employer responsibilities.

(a) An employer shall treat health information associated with requests for leave made under Section 15 confidentially.

(b) An employer shall not take any adverse action against an employee because the employee exercises rights or attempts to exercise rights under this Act.

(c) An employer shall post and keep posted, in a conspicuous place on the premises of the employer where notices to employees are customarily posted, a notice summarizing the requirements of this Act.

Section 25. Department responsibilities.

(a) The Department shall administer and enforce this Act and adopt rules under the Illinois Administrative Procedure Act for the purpose of this Act. The Department shall have the powers and the parties shall have the rights provided in the Illinois Administrative Procedure Act for contested cases. The Department shall have the power to conduct investigations in connection with the administration and enforcement of this Act, including the power to conduct depositions and discovery and to issue subpoenas. If the Department finds cause to believe that this Act has been violated, the Department shall notify the parties in writing and the matter shall be referred to an administrative law judge to schedule a formal hearing in accordance with hearing procedures established by rule.

(b) The Department is authorized to impose civil penalties prescribed in Section 30 in administrative proceedings that comply with the Illinois Administrative Procedure Act and to supervise the payment of the unpaid wages and damages owing to the employee or employees under this Act. The Department may bring any legal action necessary to recover the amount of unpaid wages, damages, and penalties, and the employer shall be required to pay the costs. Any sums recovered by the Department on behalf of an employee under this Act shall be paid to the employee or employees affected.

(c) The Attorney General may bring an action to enforce the collection of any civil penalty imposed under this Act.

Section 30. Enforcement.

(a) An employee who believes the employee's rights under this Act or any rule adopted under this Act have been violated may, within 60 days after the date of the last event constituting the alleged violation for which the action is brought, file a complaint with the Department or file a civil action.

(b) An employer that violates any provision of this Act or any rule adopted under this Act is subject to a civil penalty for each employee affected not to exceed $5,000. Any continuous period of time during which time the employer is found to have violated the employee's rights under this Act, shall constitute a single violation.

(c) A civil action may be brought in the circuit court by an employee to enforce this Act. The circuit court may enjoin any act or practice that violates or may violate this Act and may order any other equitable relief that is necessary and appropriate to redress the violation or to enforce the Act.

Section 99. Effective date. This Act takes effect upon becoming law.