PEO in Illinois
The Illinois Freedom to Work Act's earnings thresholds and the Department of Insurance licence regime are the two facts that most reshape a PEO placement in the state, both verifiable independently of the vendor.
Last verified by Priya Shah.
| SUI wage base | $13,590 Illinois Department of Employment Security · Verified 2026-06-22 |
|---|---|
| New employer SUI rate | 3.95% Illinois Department of Employment Security · Verified 2026-06-22 |
| State minimum wage | $15.00/hr Illinois Department of Labor · Verified 2026-06-22 |
| Workers' comp market | Competitive private market; NCCI-filed rates approved by DOI Illinois Workers' Compensation Commission · Verified 2026-06-22 |
| State FMLA analog | Federal FMLA applies where thresholds are met US Department of Labor — Wage & Hour Division · Verified 2026-06-22 |
| Paid family/medical leave | None; Paid Leave for All Workers accrual applies Illinois Department of Labor · Verified 2026-06-22 |
| Non-compete status | Freedom to Work Act — void below earnings threshold Illinois Attorney General · Verified 2026-06-22 |
Illinois runs a state Workers' Compensation Commission that adjudicates injury claims independently of the state insurance regulator, and licences Professional Employer Organisations through the Department of Insurance under the state PEO Act. A client of record joining a PEO in Illinois therefore has two independent regulatory relationships to verify — the PEO's active licence with the Department of Insurance, and the master workers' compensation policy filed with the state and administered through the Commission.
The Illinois Freedom to Work Act sets earnings thresholds below which employee non-compete and non-solicitation agreements are void as a matter of statute. When a PEO onboards an Illinois client with a legacy non-compete book, the earnings threshold must be tested employee-by-employee at the effective date of the covenant, not at the date of PEO signup. A covenant that failed the threshold at signing remains void even after co-employment begins, and the client of record — not the PEO — carries the residual exposure for any wrongful-enforcement claim brought under the statute.
The state minimum wage rises on a scheduled statutory step and is enforced by the Department of Labor. Chicago and Cook County operate their own local wage ordinances above the state floor, and each of those includes a paid-leave component distinct from any state-level programme. A PEO's payroll platform must apply the correct local rate per employee based on physical work location; a client with employees inside the city, in unincorporated Cook, and elsewhere in the state pulls three different rules onto a single Illinois payroll run.
Illinois does not currently operate a state paid family or medical leave programme, but the Paid Leave for All Workers Act guarantees employees a bank of paid leave hours accrued through the calendar year, usable for any purpose without a qualifying reason. A PEO's HR compliance layer administers the accrual, tracks the balance across pay periods, and produces the accrual statement required on employee request. See our PEO in California page for a state where paid leave is instead delivered through a state insurance programme funded by employee deductions.
Workers' compensation in Illinois is a competitive private market with the National Council on Compensation Insurance filing rates on behalf of the state; the Department of Insurance approves those rates. A PEO master policy absorbs the client's prior modifier gradually, and premium is driven by the class-code mix of the covered workforce. See the class-code reference for the classifications that most affect Illinois PEO placements, and the field-level source cadence for how each figure on this page is verified.
State unemployment insurance is administered by the Department of Employment Security. Under co-employment the PEO's federal employer identification number holds the tax account. A prospective client can look up the PEO's own SUI status through public agency channels, but the client's own historic experience does not port over unless the onboarding process explicitly requests the transfer, and the request itself does not guarantee the state will honour it.
Chicago workers' compensation insurance through a PEO
Illinois rates sit above the national middle for most trade codes, and Chicago employers feel it hardest in the construction, warehousing and food service classes that dominate the metro payroll. Inside a PEO the premium is charged against the provider's master policy, so the visible number depends on the code split the provider assumes and on whether your experience is credible enough to be rated separately. Ask which of the two applies to you, because a small employer folded into a pooled rate can gain, and an employer with a good loss history can quietly lose.
Chicago also layers city-level rules onto the state floor — a higher local minimum wage, paid leave accrual and scheduling obligations in several covered industries. These are payroll configuration questions, not sales questions: ask the provider to show the rules already built into the platform, and ask what happens on the effective date when a local rate changes mid-pay-period.
What this doesn't cover
This page reports how Illinois statute reshapes a PEO placement — the Freedom to Work threshold, the accrued-leave regime, the Commission's role beside the Department of Insurance. It does not price a specific PEO arrangement and it does not opine on which PEO best fits a specific headcount, NAICS code, or prior workers'-comp history in the state.
Other states
Related references
- Model a PEO admin fee against in-house payrollPer-employee-per-month and percent-of-payroll pricing compared
- Check whether a PEO is ESAC accreditedHow the bond works and what to verify before signing
- Estimate a workers' comp premium by class codeRate, payroll and experience modifier inputs
- Who carries liability under co-employmentHow wage, tax and safety duties split with a PEO