Paid Sick Leave Laws Taking Effect This Year
Last year, the City of Chicago, Cook County, and the State of Illinois passed new laws regarding paid sick leave. The county’s “Earned Sick Leave” ordinance and the city’s amendments to the Chicago Minimum Wage ordinance provide more paid and unpaid sick leave for employees and also impose new obligations on employers. All three rules will go into effect on July 1, 2017.
Cook County and Chicago Ordinances:
The Cook County and Chicago ordinances apply to individuals and companies with a place of business in Cook County and/or Chicago that employ more than one person. Any existing paid time off (“PTO”) policies must meet all the requirements established by the ordinances, including when the time off can be used and which employees qualify for the benefits.
In order to receive paid sick leave, employees must: 1.) work at least two hours in a two week period while being physically present in the geographical boundaries of Cook County and/or the City of Chicago; and 2.) work at least eighty hours in any 120-day period. Hourly employees will earn paid sick time at a rate of one hour for every forty hours worked. Salaried employees will earn one hour of paid sick leave for each week worked. Each year employees will be allowed to roll over up to twenty hours for unused paid sick leave. For foreseeable absences, employers may require employees to provide up to seven days’ notice before leave is taken. Additionally, if an employee is absent for more than three consecutive days, the employer can request medical documentation to back up the leave. Employers are prohibited from requesting information that specifies the nature of the injury, illness, or condition.
Once paid sick leave is accrued, employees can use their leave to take time off in the following situations: 1.) If the employee or a family member is injured, ill, or receiving medical care; 2.) the employee’s place of business or child’s school or daycare is closed for a public health emergency; and 3.) the employee or family member is victim of a sex offense or domestic violence.
The Illinois Employee Sick Leave Act:
Unlike the county and city ordinances, the Illinois Employee Sick Leave Act (“IESLA”) does not require employers to pay sick leave to their employees. IESLA simply states that Illinois employers, who currently provide “personal sick leave benefits” to their employees, must allow their employees to use the benefits for the medical care of “family members.” In essence, employees can now take family leave for any absences due to the “illness, injury, or medical appointment for an employee’s child, spouse, sibling, parent, parent-in-law, grandchild, grandparent, or stepparent.”
Employers are encouraged to carefully review their policies and practices related to paid sick leave to ensure compliance with the new laws. Tristan & Cervantes has advised many businesses regarding their employment related policies including those regulating sick leave, PTO, and family leave policies. Feel free to contact our office via email at info@tristanlegal.com or call us at (312) 345-9200.
