820 ILCS 115/10

(820 ILCS 115/10) (from Ch. 48, par. 39m-10)

Sec. 10. (a) Employers shall notify employees, at the time of hiring, of the rate of pay and of the time and place of payment. Whenever possible, such notification shall be in writing and shall be acknowledged by both parties. Employers shall also notify employees of any changes in the arrangements, specified above, prior to the time of change.

(b) Employers shall keep records of names and addresses of all employees and of wages paid each payday, and shall furnish each employee with a pay stub for each pay period.

(c) An employer shall maintain a copy of an employee's pay stub for a period of not less than 3 years after the date of payment, regardless of whether the employee's employment ends during this period, whether the pay stub is furnished electronically or in paper form.

(d) In addition to furnishing a pay stub for each pay period as required under subsection (b), an employer shall furnish copies of pay stubs to current and former employees as follows:

(1) An employer shall provide an employee with a copy of the employee's pay stubs upon the employee's request. The employer may require that the employee submit the request in writing. The employer shall furnish the copy of the pay stubs to the employee within 21 calendar days of the employee's request. An employer is not required to grant an employee's request for a copy of pay stubs more than twice in a 12-month period.

(2) An employer shall provide a former employee with a copy of the former employee's previous pay stubs upon the former employee's request. The employer shall furnish the copy of the pay stubs to the former employee within 21 calendar days of the former employee's request. An employer is not required to grant a former employee's request for a copy of pay stubs more than twice in a 12-month period or more than one year after the date of separation. The employer shall provide the copy of the pay stubs in either a physical or electronic format, as chosen by the former employee, including a communication that is transmitted through electronic mail, text message, computer system, or is otherwise sent and stored electronically and is capable of being downloaded or permanently retained by the former employee.

(3) An employer who furnishes electronic pay stubs in a manner that a former employee cannot access for at least a full year after separation shall, upon an employee's separation from employment, offer to provide the outgoing employee with a record of all of the outgoing employee's pay stubs from the year preceding the date of separation. The offer shall be made to the outgoing employee by the end of the outgoing employee's final pay period. An employer shall record in writing the date on which this offer was made to the outgoing employee and if and how the outgoing employee responded.

(4) A request made by an employee or former employee under this Section shall be made to a person responsible for maintaining the employer's payroll, including the employer's human resources department or payroll department, the employee's supervisor or department manager, or an individual designated in the employer's written policy.

(e) Every employer shall post and keep posted at each regular place of business in a position easily accessible to all employees one or more notices indicating the regular paydays and the place and time for payment of his employees, and on forms supplied from time to time by the Department of Labor containing a copy or summary of the provisions of this Act.

(Source: P.A. 103-953, eff. 1-1-25.)