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ILLINOIS ENACTS NEW PAY STATEMENT REQUIREMENTS

Effective January 1, 2025, Illinois employers must meet certain pay statement requirements in relation to recordkeeping and employee requests for copies of pay statements.

 Public Act 103-0953 amends the Personnel Record Review Act and requires:

  • every employer shall “upon an employee’s request (which the employer may require be in writing on a form supplied by the employer) permit the employee to inspect his or her pay stubs.”
  • every employer 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 (rather than shall furnish each employee with an itemized statement of deductions made from the employee’s wages for each pay period).”
  • every employer “that furnishes electronic pay stubs in a manner that is restricted to the employer’s current employees must, upon an employee’s separation from employment, furnish the employee or former employee with a paper or emailed electronic record of all of the employee’s or former employee’s pay stubs for up to 3 years prior to the date of separation, in the method specified by the employee or former employee.”

Upon receipt of a written request, employers must provide copies of the pay statements within 21 calendar days though employers are not required to fulfill more than two requests for pay statement records within a 12-month period and are not required to grant pay statement requests from former employees made more than one year after the date of separation.