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Remote Work · Illinois (IL)

Remote Work Laws in Illinois: 2026 Reference

Last verified 2026-05-16 · Illinois (IL)
By Vincent Couey, DeskDeploy founder.

At a glance: Illinois remote-work rules

Right-to-disconnect lawNo statewide law
Electronic monitoring disclosureFederal floor only
Expense reimbursement mandatoryMandatory by statute
State personal income taxYes (4.95% top rate)

Right to disconnect Verified 2026-05-16

Illinois has no statewide right-to-disconnect statute. No bill in the 103rd or 104th Illinois General Assembly has been enacted that gives employees a legal right to ignore after-hours work communications, though advocates periodically discuss the concept. Remote employees in Illinois remain protected by the federal Fair Labor Standards Act, which obligates employers to pay non-exempt workers for all hours worked, including compensable time spent answering emails, calls, or messages outside the scheduled shift. Practical recourse for after-hours intrusion is therefore wage-and-hour rather than a disconnect right.

Electronic monitoring disclosure Verified 2026-05-16

Illinois has no general electronic-monitoring disclosure mandate for employers, but three statutes constrain how monitoring can be done. The Illinois Eavesdropping Act (720 ILCS 5/14-1 et seq.), as rewritten after People v. Clark (2014), requires all-party consent before recording private conversations, including audio of remote workers. The Biometric Information Privacy Act (740 ILCS 14) requires written, informed consent before an employer collects fingerprints, face geometry, or other biometric identifiers, which directly reaches webcam-based attention tracking and biometric time clocks. The Right to Privacy in the Workplace Act (820 ILCS 55) bars employers from demanding personal social-media credentials and from discriminating on lawful off-duty activity.

Expense reimbursement Verified 2026-05-16

Illinois is a mandatory-reimbursement state. Section 9.5 of the Illinois Wage Payment and Collection Act (820 ILCS 115/9.5), added by Public Act 100-1094 and effective January 1, 2019, requires employers to reimburse employees for all necessary expenditures or losses incurred within the employee's scope of employment and directly related to services performed for the employer. The statute is explicitly broad enough to reach remote-work costs such as the business-use portion of home internet and personal cell phone service. Employers may adopt a written expense-reimbursement policy that includes reasonable specifications and caps, but cannot disclaim the obligation entirely. The Illinois Department of Labor enforces.

WFH stipend tax treatment Verified 2026-05-16

Federal accountable-plan rules under IRC § 62(a)(2)(A) (see IRS Publication 463) control whether a home-office stipend is taxable. If the employee substantiates business expenses and returns any excess, the reimbursement is not wages. Illinois imposes a flat 4.95% individual income tax (see Illinois Department of Revenue tax-rate page) and uses federal adjusted gross income as the IL-1040 starting point, so an accountable-plan stipend that is non-taxable federally is also non-taxable in Illinois. Non-accountable stipends are W-2 wages and are subject to Illinois withholding. Chicago does not impose a separate municipal income tax on wages.

Remote-work climate Verified 2026-05-16

Chicago anchors Illinois's remote and hybrid labor market, with concentrations in finance, insurance, professional services, and tech around the Loop and Fulton Market. Large in-state employers including Boeing, Walgreens Boots Alliance, Allstate, Abbott, United Airlines, and Caterpillar run hybrid programs for headquarters and corporate staff while keeping operations roles on-site. Suburban hubs like Schaumburg, Naperville, and Deerfield supply additional remote-capable office stock. Illinois telework share tracks national averages reported by the BLS Telework Supplement.

Top remote-hub metro: Chicago

Notable remote-work employers headquartered in Illinois:

Filing taxes as a Illinois freelancer?

Our sister site CeoCult covers the federal + Illinois home-office tax deduction methodology in detail, including IRS Form 8829, the simplified $5/sq ft method, and the state-specific quirks for Illinois filers.

Read the Illinois home-office deduction guide on CeoCult →

Frequently asked questions about remote work in Illinois

Does my Illinois employer have to reimburse my home internet for remote work?

Yes, to the extent your home internet is a necessary expenditure within the scope of your employment. Section 9.5 of the Illinois Wage Payment and Collection Act (820 ILCS 115/9.5), effective January 1, 2019, requires reimbursement of all necessary expenditures or losses incurred by employees directly related to services performed for the employer. Employers may set a written policy with reasonable specifications and caps, but cannot disclaim the obligation entirely. The Illinois Department of Labor enforces complaints.

What does 820 ILCS 115/9.5 require my employer to reimburse?

All necessary expenditures or losses incurred by an employee within the scope of employment and directly related to services performed for the employer. In practical terms for remote workers, that reaches the business-use portion of home internet, the business-use portion of a personal cell phone, and reasonable supplies and equipment the employer expects you to use. Employers may publish a written reimbursement policy with reasonable specifications and ceilings, but a policy that purports to require zero reimbursement is not enforceable. See 820 ILCS 115/9.5.

Can my Illinois employer use webcam-based attention monitoring software?

Possibly, but Illinois biometric law is unusually strict. The Biometric Information Privacy Act (740 ILCS 14, BIPA) requires written, informed consent before an employer collects biometric identifiers such as face geometry or retina scans. Webcam software that builds a face-geometry template to verify the employee is at the screen falls inside BIPA and exposes the employer to statutory damages per violation. Plain webcam video that does not generate a biometric template is governed instead by the Illinois Eavesdropping Act (720 ILCS 5/14) if audio is captured, which requires all-party consent.

Are home-office stipends taxable in Illinois?

It depends on whether the stipend is paid under an accountable plan. Under IRC § 62(a)(2)(A) (see IRS Publication 463), an accountable-plan reimbursement that requires substantiation and return of excess is not wages and is excluded from federal income. Illinois starts from federal adjusted gross income on the IL-1040, so an accountable-plan stipend is also non-taxable for Illinois purposes. A flat non-accountable stipend is W-2 wages and is subject to Illinois's 4.95% flat individual income tax (see Illinois Department of Revenue) plus state withholding.