Ready to Comply with Cook County’s New Mandatory Sick Pay Law?

LAURA A. BALSON

Partner

MARGARET A. GISCH

Partner


Ready to Comply with Cook County’s New Mandatory Sick Pay Law?

In 2016, the City of Chicago and Cook County passed separate, although nearly identical, earned sick leave ordinances. Both laws go into effect starting on July 1, 2017. Below are some of the most important parts of the ordinances:

  • Posted Notice: Notice must be posted in a conspicuous place at each facility where any Covered Employee works that is located within the geographic boundaries of the City/County advising the Covered Employee of his or her rights under the law, including his or her right to Paid Sick Leave. The City Commissioner/County Agency is to prepare a form notice that satisfies all the requirements of the ordinance.
  • Notice provided to Employee: Under the terms of the City Ordinance, an employer must provide notice of the ordinance with the first paycheck to the employee. Under the terms of the County Ordinance, an employer must provide notice of the ordinance at the commencement of employment. The City Commissioner/County Agency is to prepare a form notice that satisfies all the requirements of the ordinance.
  • Who is Covered and How is Leave Earned: A Covered Employee is defined as an employee who, in any particular two-week period, performs at least two hours of work for an employer while physically present within the City/County boundaries. Any Covered Employee who works at least 80 hours for an employer within any 120-day period shall be eligible for Earned Sick Leave as provided under the ordinances. Earned Sick Leave begins to accrue either on the 1st day after the commencement of a Covered Employee’s employment OR on July 1st, 2017, whichever is later.
  • Earned Time: For every 40 hours worked after a Covered Employee’s Earned Sick Leave begins to accrue, that employee shall accrue 1 hour of Earned Sick Leave. There is a cap of 40 hours Earned Sick Leave accrued per 12-month period. At the end of the 12-month period, the employee can carry over to the next 12-month period half of their unused accrued Earned Sick Leave up to a maximum of 20 hours.

If you have questions about this, or any other employment-related laws, please contact Margaret A. Gisch or Laura A. Balson.