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Chicago Paid Sick Leave

On June 22, 2016, Chicago’s City Council passed an ordinance (O2016-2678) requiring non-construction employers to provide 40 hours of paid sick leave per year to employees who work in the city. To be eligible for paid sick leave, an employee must work for a covered employer for at least 80 hours in any 120-day period.

Employees begin accruing paid sick leave at the start of employment at a rate of at least one hour of leave for every 40 hours worked. Maximum accrual is set at 40 hours in a 12-month period, starting on the date the employee began to accrue. Exempt employees will be treated as having a 40-hour workweek unless the employer can establish that the employee’s normal workweek is shorter.

Employees may use their paid sick leave on the 180th day of employment. Paid sick leave may be used:

  • When the employee is ill or injured.
  • When the employee needs medical care (whether diagnostic, preventive, or for treatment).
  • When a family member of the employee is ill or injured. Family member means the employee’s child, legal guardian or ward, spouse, domestic partner, parent, spouse or domestic partner’s parent, sibling, grandparent, grandchild, or any other individual related by blood or whose close association with the employee is the equivalent of a family relationship.
  • When the employee is needed to care for a family member who is receiving medical care (whether diagnostic, preventive, or for treatment).
  • When the employee or a family member is a victim of domestic violence or a sex offense.
  • When the employer’s place of business is closed due to a public health emergency.

If an employee’s need for paid sick leave is reasonably foreseeable, an employer may require up to seven days’ notice before leave is taken. If the need for paid sick leave is not reasonably foreseeable, an employer may require an employee to give notice as soon as is practicable on the day the employee intends to take paid sick leave by notifying the employer via phone, email, or text message. The notice requirement is waived if the employee is unconscious or medically incapacitated.

The ordinance goes into effect on July 1, 2017.

Read Ordinance 2016-2678