Beginning July 1, 2017, workers in the city of Chicago will start accruing paid sick leave time, allowing them meet financial responsibilities and at the same time attend to their own or their family members’ health care needs. A recent amendment to the City’s minimum wage law was enacted giving eligible employees the right to earn one hour of paid sick leave for every 40 hours worked, up to five days (40 hours) per year. The Chicago Minimum Wage and Paid Sick Leave Ordinance applies to all employers regardless of the number of employees, so even workers in small businesses and domestic workers will be able to take the leave. Illinois does not have a statewide sick leave law.
Under the Ordinance, employees are entitled to leave benefits if they perform at least two hours of work within the geographic boundaries of the City in any particular two-week period and they work at least 80 hours for a covered employer in any 120-day period. Employees can use the leave for the following reasons:
- The employee, or the employee’s family member, is ill, injured, or is receiving medical care, treatment, diagnosis or preventive medical care;
- The employee, or the employee’s family member, is the victim of domestic violence or a sex offense; or
- The employee’s place of business or child care facility is closed because of a public health emergency.
Also under the Ordinance:
- workers will be able to roll over up to 2.5 days unused sick days to the following year
- new employees can use accrued sick leave after an initial six month probationary period
- employers may “front load” the 40 hours from the beginning of the benefit year, rather than using an accrual method of tracking leave benefits
- employers with existing leave policies that offer paid time off in the same manner and amount as the Ordinance do not need to offer additional leave time
- employers are not required pay out of unused sick days
Employers will be required to post a notice in the workplace advising employees of their right to paid sick leave. Employers are likely to see this included on a future update to the City’s current Minimum Wage Poster. Stay in touch with us for the poster update early next summer.