Chicago's Paid Sick Leave Ordinance

As of July 1, 2017, all employers in Chicago will be required to provide eligible employees up to 40 hours of paid sick leave in each 12 month period. The law is an amendment to the Chicago Minimum Wage Ordinance (2-25-050).

Who is a covered employer?

Any individual or business that maintains operations within the City of Chicago boundaries or who is subject to Chicago’s licensing requirements and employs at least one employee, including domestic workers.

Who is an eligible employee?

Employees who perform at least two hours of work for a covered employer while physically present within the boundaries of Chicago during any particular two-week period; and work at least 80 hours for a covered employer in any 120-day period. The two hour requirement can be met through compensated travel time spent in Chicago, including sales calls, deliveries, or other business related travel. Commuting time will not be calculated in the determination.

Workers who are party to a bona fide collective bargaining agreement are excluded from the Ordinance.

How does it work?

As of July 1, 2017, employees will begin accruing sick days whether it is their first day of employment or ongoing employment.

Employees will accrue 1 hour of paid sick leave for every 40 hours worked. The Ordinance assumes that exempt employees work 40 hours per work week unless their normal work week is less than 40 hours. In such cases, accrual of paid sick leave will be based upon their normal workweek hours.

Employee may accrue and/or use up to 40 hours of paid sick leave for each 12-month period worked, unless an employer elects to offer a greater number of hours. Employers must allow employees to carry over up to 20 hours of unused paid sick leave to the next 12-month period. And, if the employer is subject to the Family and Medical Leave Act, it must allow its employees to carry over up to 40 hours of additional accrued, unused paid sick leave to use exclusively for FMLA-eligible purposes.

Employees must be allowed to use paid sick leave no later than 180 days after starting employment, and may use it if the employee or family member is injured or ill, requires medical treatment or check-up, is a victim of domestic or sexual violence, or if there is a public health emergency.

To find out more about how the new law may affect you or your business, contact our Chicago employment & business attorneys today.

Categories