Paid Sick Leave

The Chicago City Council unanimously approved a new paid sick leave ordinance that will require every employer in the city to provide at least some paid time off to employees for sick leave purposes.


• The ordinance is effective as of July 1, 2017 and covers any employee who works within Chicago’s city limits and works 80 or more hours within a 120-day period. 

• Employers must provide workers the right to accrue and use up to 5 paid sick days (or 40 hours) per year, earned at a minimum rate of one hour for every 40 hours worked.

• Workers must be allowed to roll over up to 20 hours of unused sick leave into the subsequent year.

• If an employer is subject to the Family and Medical Leave Act (FMLA), each of its employees may carry over up to 40 hours of unused sick time to the following 12-month period, in addition to the 20 hours otherwise allowed, to use for FMLA-eligible purposes.

• Accrual of Paid Sick Leave must begin on an employee’s first day or employment, or July 1, 2017 for existing employees.

• Accrual and use requirements are measured from that day going forward.

• Employers may restrict a new employee’s use of Paid Sick Leave until they have completed six full months of continuous employment.

• The ordinance does not require that employers create a separate paid sick leave scheme if they already maintain a general Paid Time Off policy that meets or exceeds the required accrual rates.

• Sick leave may be used by employees to care for themselves or their families when they are sick, to receive medical car, and if the employee or family member is the victim of domestic violence or sexual abuse.

• Employers must allow workers to use accrued sick time if their children’s schools are closed because of a public health emergency.

• An employer cannot condition an employee taking sick time on finding a replacement worker for the leave.

• Employees in positions that receive tips who are eligible for paid sick leave must be paid for sick leave at a rate equivalent or greater than the full Chicago minimum wage.

• The ordinance does not affect the validity of or change the terms of a collective bargaining agreement in force on July 1, 2017. After this date, the requirement of the Paid Sick Leave ordinance may be waived under a subsequent bona fide collective bargaining agreement if done so explicitly in clear and unambiguous terms.

• The ordinance does not apply to employees working in the construction industry who are covered by a collective bargaining agreement.

 

Paid Sick Leave Rules

Paid Sick Leave Notice 

Paid Sick Leave Complaint form

Know Chicago's Paid Sick Leave Ordinance

 

 

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