Understanding and Applying the Chicago and Cook County Sick Leave Ordinances Tom Posey Partner

Regulations Chicago Minimum Wage and Paid Sick Leave Ordinance. Cook County Earned Sick Leave Ordinance

How Much Paid Leave is Required? Accrual: Begin accruing on first calendar day after start of employment. Paid sick leave accrues at a rate of one (1) hour per every 40 hours worked. (Hourly increments only, no fractional accruals.) Exempt employees: assumed to work 40 hours per week, unless normal workweek is less than 40 hours Eligibility: Employees who work at least 80 hours within a 120-day period are entitled to use accrued paid sick leave.

When Can Paid Sick Leave Be Used? Employees must be permitted to start using their paid sick leave within six months (180 days) of starting their employment. Employees may use a maximum of 40 hours of Paid Sick Leave per contiguous 12-month period (unless the employer sets a higher limit). Employer may set minimum increment of four hours per day.

Does Any Unused Leave Carry Over? Yes! At the end of the 12-month accrual period, employees may carry over to the following 12-month period half of accrued but unused Paid Sick Leave – up to a maximum of 20 hours. If an employer is also subject to the FMLA: Up to an additional 40 hours of accrued, unused sick leave (for a maximum of 60 hours) may be carried over. To be used exclusively for FMLA purposes. But not at termination:

“Family Member” Includes “any other individual related by blood or whose close association with the Employee is the equivalent of a family relationship.”

How is Paid Sick Leave Related to FMLA Leave? All FMLA absences will count as eligible for paid sick leave. BUT Not all paid sick leave absences will count as eligible for FMLA leave.

Required Notices Must provide, with first paycheck issued to employee, a notice advising him/her of right to Paid Sick Leave.