Chicago Expands Paid Sick Depart Ordinance – Employment and HR

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Chicago expands paid sick leave regulation

August 11, 2021

Proskauer Rose LLP

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Effective August 1, 2021, the Minimum Wage and Paid Sick Leave Ordinance for the City of Chicago was amended to allow additional use of Paid Sick Leave for eligible employees. Under the amended regulation, an employee who works for an employer for at least 80 hours in a 120-day period while physically staying within the geographic boundaries of Chicago may take paid sick leave for any of the following reasons:

  • The employee is sick, injured, or receiving professional care, including preventive care, diagnosis, or treatment, for medical, psychological, or behavioral problems, including substance use disorders;
  • A family member of the employee is sick, injured or in need of quarantine or is caring for a family member who is receiving professional care, including preventive care, diagnosis or treatment, for any medical, mental or behavioral problem, including substance use disorders;
  • The employee or a family member of the employee is a victim of domestic violence, as defined in Section 103 of the Illinois Domestic Violence Act, 1986, or a sexual offense, defined as any conduct prohibited in Article 11 and Sections 12-7.3, 12-7 , 4 and 12-7.5 of the Illinois Criminal Code of 2012 or human trafficking within the meaning of Section 10-9 of the Illinois Criminal Code of 2012 (720 ILCS Section 5 / 10-9);
  • The employee’s business premises are closed due to a health emergency by order of a public official or the insured employee has to look after a family member whose school, class or daycare center has been closed; or
  • An employee obeys an order from the mayor, the governor of Illinois, the Chicago Department of Public Health, or an attending health care provider that instructs the employee to: (i) stay home to minimize the transmission of a communicable disease; (ii) stay home while symptoms occur or have a communicable disease; (iii) Follow a quarantine order issued to the employee; or (iv) comply with an isolation order issued to the employee.

Employers with offices in Chicago should review their current policies and practices to ensure that the new changes are being followed.

Chicago expands paid sick leave regulation

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