The City of Chicago Proposed Rules Published for The Chicago Paid Leave and Paid Sick Leave Ordinance

Sick Leave Ordinance

What happened?

After being delayed in its implementation by the City Council, the Chicago Department of Business Affairs and Consumer Protection published proposed rules regarding the Ordinance (Chicago Paid Leave and Paid Sick Leave Ordinance) in early December.

What are the details?

The “three main requirements” for the Ordinance are:

1. Accrual/grant of hours of Paid Leave and Paid Sick Leave (i.e., 40 hours of paid leave and 40 hours of paid sick leave).

2. Carryover of Paid Leave and Paid Sick Leave from one Benefit Year to the next (i.e., 16 hours of paid leave and 80 hours of paid sick leave).

3. Usage of Paid Leave and Paid Sick Leave (i.e., 90 calendar days after their start date for paid leave and 30 days after their start date for paid sick leave). 

If an employer already provides the minimum requirements of the Ordinance or more, it will not need to make any major adjustments to their existing policy. Some of the main provisions are:

1. Payment of Paid Leave and Paid Sick Leave
2. Policy languages
3. Recordkeeping
4. Notice and Postings
5. Waiting time
6. Wage Statement and Paystubs

The provisions of the Ordinance can be waived if they are waived explicitly on a CBA (Collective Bargaining Agreement).

Business Considerations

• Review, create, and/or update your existing policies and procedures.
• Businesses have the choice to use the waiver provision in a CBA negotiation to bargain with the Union as part of the negotiation process. Consult a labor attorney if you need further assistance.
• Plan training and communication with managers on the changes and when it is appropriate to request documentation.

Resources

• Chicago Paid Leave and Paid Sick Leave Ordinance Goes into Effect (Vensure)
• Proposed Rules for The Ordinance, Chicago.

Source References

• Proposed rules published for Chicago’s Paid Leave Ordinance (Thompson Coburn LLP)
• Update: Chicago’s New Paid Leave Ordinance Delayed (The National Law Review – National Law Forum LLC)
• Chicago Employers Take Note: Draft Rules for Chicago’s Expansive Paid Leave and Paid Sick Leave Ordinance Published (Benesch)
• Updated: Making Sense of Chicago’s Paid Leave Ordinance (Husch Blackwell LLP.)

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