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

03 Jan

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Sick Leave Ordinance

Update Applicable to:Effective date
  All employers and multi-state businesses with at least 1 worker performing at least 80 hours of work in Chicago, Illinois.  See details below

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).
  1. 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).
  1. 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

Source References

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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