When goes the ordinance into effect?
July 1, 2017
How much sick time am I eligible for?
You can earn up to one hour of paid sick time for every 40 hours worked.
If you are exempt from overtime requirements under the Federal Fair Labor Standards Act you will be assumed to work 40 hours in each work week for purposes of earned sick time accrual unless your normal work week is less than 40 hours, in which case your earned sick time accrues based upon that normal work week.
Accrual and usage of paid sick leave is capped at 40 hours for each 12-month period, unless your employer sets a higher limit.
Am I covered?
You are entitled to benefits under the Ordinance if you perform at least two hours of work for a covered employer while physically present within the geographic boundaries of the City in any two-week period - compensated time spent travelling, such as making deliveries or sales calls (but not commuting time), is considered work within Chicago’s boundaries.
If you are covered you become eligible for paid sick leave by working 80 hours in any 120 day period.
Covered employers, who are they?
Covered employers include individuals and companies that maintain a business facility within the geographic boundaries of the City of Chicago or who are subject to one or more of the City’s licensing requirements. The Ordinance applies to all employers, regardless of the number of employees.
Are domestic workers covered?
Yes, the Ordinance applies to domestic workers, even those who are employed by employers with fewer than four employees.
My company has already a paid leave policy, what now?
Employers with a paid leave policy that makes available to employees an amount of paid leave that may be used for the same purposes as earned sick time and that is sufficient to meet the requirements for accrued earned sick time of the Ordinance, the employer is not required to provide additional paid leave.
I am covered by a Collective Bargaining Agreement, what now?
The paid sick leave provisions do not apply to you if you work in the construction industry covered by a collective bargaining agreement. For other unionized employees, the Ordinance will not change or otherwise affect the validity of a collective bargaining agreement in force on the date the Ordinance goes into effect. Beyond that date, employees may waive the Ordinance’s requirements in a collective bargaining agreement as long as the waiver is explicit, and in clear and unambiguous terms.
When do I start accruing sick leave?
You begin to accrue paid sick leave on the first calendar day after the start of your employment or on July 1, 2017, whichever is later.
When can I use paid sick leave?
You can begin using accrued paid sick leave no later than the 180th day after starting your job.
Can I carry over sick leave?
You are permitted to carry over half of your unused paid sick leave (up to 20 hours) to the next 12-month period. Additionally, if an employer is subject to the Family and Medical Leave Act, your are entitled to carry over up to 40 hours of accrued, unused paid sick leave (in addition to the standard carryover) to use exclusively for FMLA-eligible purposes.
How can I use the sick leave?
The sick leave can be used for own illness or medical treatment, as well as for that of a family member (spouse, (grand, foster, step) children, (grand)parents), siblings;
or when you or your family member is the victim of domestic violence or sexual violence;
or when your place of business is closed by order of a public official due to a public health emergency; or when you need to care for your child whose school or place of care has been closed by order of a public official due to a public health emergency.
What notice must be provided by employees who need to use paid sick leave?
Your employer may ask you to give not less than 7 days notice before the start of the sick leave if it is foreseeable.
For an absence of more than three consecutive work days, you employer may require certification that the use of your sick time was authorised.
Does my employer have to pay out unused paid leave after termination?
Your employer is not required to provide you financial or other reimbursement upon your termination, resignation, retirement, or other separation.
Source: City of Chicago, Ordinance
Updated: June 29, 2016