Best Practices for Managing Employee Attendance in Illinois & Wisconsin

Illinois Attendance Policy Laws

• The Illinois One Day Rest in Seven Act (ODRISA) – This act requires that employers give all employees a 24-hour rest period during any seven-day workweek. If an employee volunteers to work on the seventh day of a work week, an employer can notify the Illinois Department of Labor to request an exception on a case-by-case basis. The Act also requires reasonable meal and bathroom breaks based on shift length and other factors.
  
  
• The Illinois Paid Leave for All Workers Act (PLAWA) – Under this act, Illinois employers must provide all of their employees with at least 40 hours of paid leave annually. Employees are not obligated to provide a reason for the leave they’ve requested and employers are forbidden from requesting documentation to justify an employee’s utilization of paid leave. The only exception to this rule is if an employer offers paid leave above 40 hours; in this case, an employer can request a reason or documentation if extra paid leave (beyond the 40-hour threshold) is requested. Employers may also designate “blackout dates” during peak operational periods or holidays, which can legally deny employee utilization of paid leave as long as this is clearly communicated in writing, usually in the employee handbook.
  
  
• The Worker Freedom of Speech Act – This act, effective on January 1, 2025, forbids any employer from penalizing or discharging an employee if they do not attend an employer-sponsored event related to “religious matters,” “political matters,” or union-related topics. The Act permits employees to take civil action against an employer who violates these guidelines, and employers are required to post notices that outline an employee’s right of refusal to attend.
  
  
• The Illinois Wage Payment & Collection Act (IWPCA) – In a recent amendment to recordkeeping requirements, all Illinois employers must provide employees with a pay stub for each pay period and keep pay stub records for all employees (current & terminated) for a minimum of three years.

Create a Clear, Written Attendance Policy

To ensure attendance policy compliance based on state laws, and to support transparency and well-being for your employees, it’s essential to create a clear, written attendance policy that reflects the values of your organization. Here are some key components to include:

• Your business’ policy on different types of leave, including unpaid leave and paid leave (parental, health-related, caretaking-related, etc.).
• A step-by-step explanation of how employees should make requests for time off or leave
• Clear definitions of excessive absenteeism, tardiness, and what is considered an acceptable absence 
• An outline of the consequences of excessive tardiness or absenteeism, including how you will notify an employee of the issue and any disciplinary steps that will be taken (verbal warnings, written notices, etc.). For Wisconsin employers, the Wisconsin HR Handbook offers sample expectation, disciplinary, and termination letter templates. Illinois and Wisconsin employers can use the steps outlined in this section as well as a sample attendance policy template from SHRM to begin the drafting process.
• An explanation of any allowances for flexible scheduling, hybrid work, or other policies designed to support work-life balance
• A description of how employees can discuss their individual circumstances with HR or management to address and resolve attendance concerns

Your finalized attendance policy should be included in your business’ employee handbook, apply equally to all employees, and be readily accessible online and in physical form. As we’ll discuss, the key components of your attendance policy should be reviewed and agreed upon during employee onboarding and remain available to employees beyond that process.

Need help updating your attendance policy? Use your Mineral login to access templates and tools to build or revise a compliant, employee-friendly policy that supports attendance, retention, and productivity. 

If you're not sure where to start, consider upgrading to a more advanced HR support tier through Mineral or isolved’s HR platform for expanded capabilities and expert guidance.

Implement a Digital Time and Attendance System

Even with a thorough, well-formulated attendance policy, managing time and attendance for multiple employees is a challenge without the right technology to support the process. Here’s how a digital time and attendance system can help your business.

• Automate Absence Tracking – A time and attendance system allows your business to digitally track attendance, view/review leave balances, and utilize case management tools that simplify absence management. Bypassing a manual approach, you reduce manual entry errors, store & track attendance data in one place, and improve accuracy. In addition to these benefits, your time and attendance solution should seamlessly integrate with your related HR processes, including payroll, benefits administration, and more. 
  
  
• Employee Review & Monitoring – With a digital time and attendance system, you can monitor PTO, sick days, and absences on a case-by-case basis and gain access to objective data for performance reviews or to heighten employee engagement.
  
  
• Leverage Data to Improve Workforce Performance – The right digital time & attendance platform should allow your team to analyze and address poor attendance issues by pinpointing high absenteeism periods/seasons, departments or individuals with high absence rates, or recurring tardiness. With this information, your business can make targeted interventions to improve employee attendance and engagement.

Stay Consistent and Document Everything

Due to recent legislative changes at the state level, it’s essential for Illinois and Wisconsin businesses to keep accurate and consolidated digital records regarding employee attendance, leave/PTO utilization, and disciplinary action(s) for a minimum of three years. Since payroll and time & attendance are so closely related, it’s equally important to choose a payroll & HR partner that keeps accurate and readily-accessible digital payroll records for your business. 

Whether it’s fulfilling local, state, or federal (FMLA & Medical Leave Act) compliance requirements, a qualified partner should help your business internally track attendance & leave, remain legally compliant with all applicable labor laws, and support your business in the event of legal action. Responsible recordkeeping gives your business increased legal protection and an objective source of truth in the event of an internal or legal dispute while offering increased transparency to your employees.