Revisiting the Illinois School Visitation Rights Act

By Sally Weldin, Senior Human Resource Specialist 
Published October 1, 2024

With Illinois schools back in session, employees may request time off to attend school meetings or conferences for their children which may occur during work hours.

The Illinois School Visitation Rights Act, signed in 1992 by Governor Jim Edgar, provides parents and legal guardians up to eight hours of unpaid time off during the school year to attend necessary academic or behavioral conferences at their children's schools when such meetings conflict with work hours.

The Act applies to public and private employers with 50 or more employees in Illinois. A "child" is defined as a biological, adopted or foster child, a stepchild or a legal ward of an employee who is enrolled in a primary or secondary public or private school in Illinois or a state which shares a common boundary with Illinois. A “school” is defined under the Act as a public or private primary or secondary school or educational facility located in Illinois or a state which shares a common boundary with Illinois.

These are requirements of the Act:

• The employee must have been employed at least six months and have been employed at least part time to be eligible to take leave under the Act. Part time is equivalent to at least 50% of full-time hours as set by the employer or collective bargaining agreement.
• An eligible employee can take up to eight leave hours during any school year; no more than four hours may be taken on a given workday.
• The employee must have exhausted all accrued vacation leave, personal leave, compensatory leave, and any other leave except sick leave and disability leave before taking unpaid leave under the Act.
• An employee may choose to make up the time taken under the Act but shall not be required to do so and the employer shall make a good faith effort to allow the employee to make up the time if requested by the employee. 
• An employer may not terminate an employee for an absence which is due solely to the employee's attendance at a school conference, behavioral meeting, or academic meeting, 
• The employee must provide the employer with a written request for leave at least seven days in advance. In emergency situations, 24-hour notice is required.

While the Act does not apply to employers with less than 50 employees, employers with fewer employees may still elect to provide a similar leave benefit. 

Employers should also note that parents may take leave under the federal Family and Medical Leave Act (FMLA) to attend behavioral school conferences or meetings for children with qualifying serious health conditions or disabilities.

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