The Illinois Worker Adjustment and Retraining Notification Act (IL WARN) requires employers to give 60 days' notice to employees, employee unions, and the Illinois Department of Commerce and Economic Opportunity's Bureau of Workforce Development of a mass layoff, relocation, or employment loss (820 ILCS 65/1 et seq.). These requirements duplicate and add to the requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act). The WARN Act and IL WARN impose restrictions on the way layoffs are handled and are designed to give employees advance notice of a layoff in order to find another job or to seek retraining in a new occupation and to give the state adequate preparation to assist the affected workers. In addition to administering the state law, Illinois agencies assist in enforcing the requirements of the federal law. A comprehensive discussion of the WARN Act is available.
Who is covered? Employers must comply with IL WARN if they have:
• 75 or more employees, excluding part-time employees; or
• 75 or more employees who, in the aggregate, work at least 4,000 hours per week (exclusive of hours of overtime).
What is required? The law requires covered employers to give their affected employees 60 days' notice of a mass layoff, relocation, or employment loss to affected employees, union representatives of affected employees, the Department of Commerce and Economic Opportunity, and the chief elected official of each municipality and county where an employment loss, relocation, or mass layoff occurs. The content of the notice is the same as required under the federal WARN Act. IL WARN defines the preceding terms as follows: