Paid Leave Ordinance

New Paid Leave Requirements for Chicago Employees Starting July 1 – What to Know and How to Prepare

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Authors Laura Friedel and Saman Haque

Effective July 1, 2024, employers will need to comply with new paid leave requirements that apply to all Chicago employees (including those who work from home from Chicago). The Chicago City Council passed the Paid Leave and Paid Sick and Safe Leave Ordinance (“Paid Leave Ordinance”) on November 9, 2023. Although the ordinance’s new requirements originally were slated to go into effect on January 1, 2024, an amending ordinance delayed the effective date for most obligations to July 1, 2024.

What changes take effect on July 1, 2024?

The Paid Leave Ordinance implements two separate requirements: (1) that employees earn up to 40 hours of paid leave for any purpose (“PTO”), and (2) that employees earn up to 40 hours of paid sick leave (“Paid Sick Leave”) per 12-month period. Under the ordinance, employees will accrue both PTO and Paid Sick Leave at a rate of at least one hour for every 35 hours worked. The Paid Leave Ordinance also requires that employers allow employees to carry over up to 16 hours of PTO and up to 80 hours of Paid Sick Leave each year, though employers may avoid the requirement to carry over PTO by “frontloading” the 40 hours of PTO each year (as described below).

Who is covered by the new rule?

The Paid Leave Ordinance applies to any employer with at least one employee, and to any employee who works at least 80 hours in Chicago during a 120-day period. Once an employee meets that threshold, they are deemed a “covered employee” for the duration of their employment with that employer.

Employers subject to a collective bargaining agreement with more generous paid time off should continue to comply with the collective bargaining agreement’s provisions.

What are the notice requirements?

Chicago employers must (1) post a notice of the new requirements, (2) adopt a written policy explaining PTO and Paid Sick Leave rights and responsibilities and share the policy with employees when they are hired, and (3) provide employees with PTO and Paid Sick Leave accrual and use information each pay period. Additionally, employers must provide a copy of their employment policies to workers with regular work duties in Chicago in the worker’s primary language. Finally, employers must give employees five calendar days’ notice of any changes to the PTO or Sick Leave policies and 14 days’ notice of any changes to other employment policies. Any required notices can be provided electronically with covered employees’ paychecks.

What are the requirements for employers with unlimited PTO policies?

If a Chicago employer has “unlimited” or “flexible” paid time off, the Paid Leave Ordinance requires that, at termination, they pay out 40 hours of PTO less any PTO the employee has used over the course of the previous 12 months. Employers with unlimited or flexible paid leave policies should make sure to track the use of paid time off by employees accurately to avoid paying out the full 40 hours. Employers who use an unlimited PTO policy should still give their employees notice of the law’s requirements and indicate “unlimited” on covered employees’ PTO statements.

How does the Paid Leave Ordinance impact employers with accrual-based PTO systems?

If an employer uses an accrual system, its employees must accrue both PTO and Paid Sick Leave at a rate of at least one hour for each 35 hours worked. Employers may cap accruals and use at 40 hours for each kind of leave in a 12-month period. Employers with an accrual system must allow employees to carry over up to 16 hours of PTO and up to 80 hours of Paid Sick Leave each year. Employers that use an accrual system must adopt a policy that explains the accrual rate.

What about employers with frontloading PTO systems?

Employers that frontload PTO and Paid Sick Leave must provide at least 40 hours of PTO and 40 hours of Paid Sick Leave at the beginning of each 12-month period. While employers who frontload don’t need to allow carryover of PTO into the new year, they still must carry over up to 80 hours of unused Paid Sick Leave (even though employees don’t have a right to use more than 40 hours in a year). Employers that frontload PTO and Paid Sick Leave should be aware that employees who quit early in the year will still be entitled to a payout for the full year’s allotment of PTO (or, if it is consolidated into a single bank, of the full bank).

How does the Paid Leave Ordinance impact employers outside Chicago?

The ordinance applies to Chicago employers and to employees of non-Chicago employers who physically work in Chicago for at least 80 hours in a 120-day period, including those working remotely.

Illinois employers outside of Chicago must comply with the Illinois Paid Leave for All Workers Act, which took effect on January 1, 2024. The Illinois Paid Leave for All Workers Act does not apply in Chicago or any other jurisdiction with an existing paid time off requirement. 

What should employers do to get ready for the new requirements?

Employers should:

  • Determine whether they will frontload or accrue for PTO and Paid Sick Leave.
  • Review existing policies to confirm compliance with the new ordinance and clearly explain how PTO and Paid Sick Leave will be handled.
  • Ensure payroll systems track and document time off availability and usage properly.
  • Confirm how notice will be provided each pay period.
  • Determine whether any employees who aren’t otherwise viewed as “Chicago employees” are physically present in the City of Chicago for work at least 80 hours in a 120-day period. If so, make sure they’re provided with the required PTO and Paid Sick Leave.
  • Update template separation letters to reflect new payment upon termination requirements.
  • Ensure your human resources team knows when and how PTO and Paid Sick Leave needs to be paid out.

LP’s Employment & Executive Compensation Group will host a webinar on the Chicago Paid Leave Ordinance on Thursday, May 2, 2024, from 11:00 am – 12:00 pm CDT. To register, click here.

2024 Employment Law Checklist

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Each year, LP’s Employment & Executive Compensation Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope you find our 2024 Employment Law Checklist a helpful guide to best practices for the year ahead.

Click here to download a PDF guide.

❒     Refresh, Recharge, and Revamp Paid Time Off and Sick Time Policies. Illinois jurisdictions have been very busy implementing new paid leave requirements. The Illinois Paid Leave for All Workers Act took effect January 1, 2024 and requires all Illinois employers to provide 40 hours of paid time off to use for “any reason,” and Cook County joined in with a new Ordinance setting out similar requirements. Pre-existing policies may meet the requirements under this law; however, employers should revise these policies to ensure they are inclusive of all the requirements under this law. The City of Chicago raised the bar even further by requiring 40 hours of paid leave and an additional 40 hours of paid sick leave for Chicago employees beginning July 1, 2024. Not surprisingly, Illinois is not alone in this activity. California, Colorado, and Minnesota (and a number of localities) have also updated their paid leave laws. Employers need to review their policies and applicable requirements to make sure that the amount of time provided, how it’s accrued, how it’s used, whether it carries over and how it’s handed on termination are both workable for the company and legally compliant.

❒      Revisit Bereavement Policies.  Under amendments to the Illinois Victims’ Economic Security and Safety Act (VESSA) and the Illinois Bereavement Law effective January 1, 2024, employees are permitted up to two weeks of unpaid, job-protected leave to attend a funeral, arrange a funeral, or grieve if a family or household member is killed in a crime of violence. Illinois also created a new requirement that employers with 250 or more employees offer 12 weeks of unpaid bereavement leave for the loss of a child due to suicide or homicide, while employers with 50-249 employees must provide six weeks of unpaid leave in those circumstances. It’s important that employers update their policies to reflect these new requirements and coordinate them with other paid leave offerings.

❒      Understand New Safety in the Workplace Requirements. California employers are now subject to the first proactive workplace violence prevention plan requirements in the US. Under the new requirements, employers must establish, implement, and maintain an effective, written Workplace Violence Prevention Plan, log information for every workplace violence incident, maintain up-to-date records, and meet training obligations, among other requirements. But it’s not just California employers who should take note. Amendments to the Illinois Gender Violence Act permit victims to sue employers whose employees or agents commit gender-related violence in the workplace if the violence arises “out of and in the course of employment with the employer.” To minimize liability, it’s important that employers conduct regular anti-harassment training (which should include that violence against employees is prohibited) and stay on top of allegations of harassment or violence in the workplace.

❒     Confirm Compliance with Pay Transparency and Equity Laws. Transparency in the workplace continues to be a legislative priority across the country. Beginning in 2025, Illinois employers with at least 15 employees will need to include the wage or salary range and a general description of benefits in job postings, so it’s important the HR and recruiting teams start thinking about how they will gather and provide this information. Also in Illinois, the deadline for employers with 100+ employees to submit for their Equal Pay Certification is March 23, 2024.  Covered employers that haven’t already submitted should move quickly to prepare this detailed, information-intensive application by the deadline. Employers with Colorado employees should also be aware of amendments to the Colorado Equal Pay for Equal Work Act which make some requirements more reasonable while creating new obligations around pay transparency.

❒     Revise Handbooks and Template Agreements that include Confidentiality or Non-Disparagement Provisions to Avoid Liability Under New Standards. A decision from the National Labor Relations Board in February 2023 means that employers need to ensure that standard employment covenants – such as confidentiality, non-disclosure and non-disparagement – cannot be read to limit non-supervisory employees’ right to make complaints or discuss them with fellow employees, former colleagues, unions, attorneys, the NLRB or others. This development is noteworthy because the language itself creates risk, even if it is never used.  It is critical that employers update employee handbooks and other employment-related documents to either include a clear statement that the provision does not limit employees’ exercise of protected rights. 

❒     Make Sure Temporary Employee Engagements Meet Strict New Standards. Both staffing firms and the companies that use their non-professional, non-clerical workers have new obligations under amendments to Illinois’ Day and Temporary Labor Services Act (“DTLSA”). Among other requirements, staffing companies are now required to provide long-term workers (those who are assigned to the same client for more than 90 days in a 12-month period) with pay and benefits not less than what is provided to the client’s lowest-paid directly-hired employees.  Companies using staffing company workers are required to confirm that the agency is registered with the Department of Labor at the time it enters into the contract and are required to provide staffing firms with the information necessary to meet the DTLSA’s compensation requirements. Staffing firms should already be aware of and complying with the DTLSA, but companies that use non-professional, non-clerical workers assigned by temporary companies need to make sure they understand and adhere to these new requirements.

❒     Ensure Independent Contractor Agreements Meet New Requirements. Effective July 1, 2024, companies that engage independent contractors or freelancers in Illinois will be required to have a written agreement with each independent contractor or freelancer that includes very specific information, including an itemization of the products and services to be provided and payment details. Companies that use independent contractors or freelancers need to review and revise contracts to make sure they include all required information and implement new agreements as necessary.

❒      Stay Abreast of New Limitations and Requirements around Restrictive Covenants – and Liability for Implementing Unenforceable Ones. On the national level, 2023 saw the NLRB taking the position that requiring a non-supervisory employees to sign a non-compete was an unfair labor practice (regardless of whether it was ever enforced) and the Federal Trade Commission issuing a proposed rule that would drastically limit non-competes (even in the sale of business context). While a bill in New York that would have prohibited all non-competes was ultimately vetoed, California took steps to give additional teeth to its prohibition on non-competes and customer non-solicits, amending the law to make clear that such provisions aren’t only void, they are also “unlawful,” and requiring employers to notify employees who signed any such provision about the new law by February 14, 2024.

If you found this checklist helpful, subscribe to LP3. If you have questions, do not hesitate to reach out to LP’s Employment & Executive Compensation Group.

Chicago City Council Delays Effective Date for New Paid Leave Requirements

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Author Saman Haque

On December 13, 2023, the Chicago City Council passed an amendment, extending the effective date of the Paid Leave and Paid Sick and Safe Leave Ordinance (“Paid Leave Ordinance”), which it had recently passed on November 9, 2023. In addition to extending the effective date from January 1, 2024 to July 1, 2024, the amended ordinance updated provisions regarding covered employees. Although the effective date has been delayed six months, employers should take steps now to ensure compliance.

Illinois employers outside of Chicago must comply with the Illinois Paid Leave for All Workers Act, which takes effect on January 1, 2024. The new Illinois law does not apply in Chicago or any other jurisdiction with an existing paid time off requirement. 

As described in our previous article, the new Paid Leave Ordinance allows employees to earn up to 35 hours of paid leave for any purpose in a 12-month period (“PTO”) and up to 40 hours of paid sick leave in a 12-month period “(Paid Sick Leave”). Under the Paid Leave Ordinance, employees will accrue both PTO and Paid Sick Leave at a rate of at least one hour for every 35 hours worked.

What happens between now and July 1, 2024?

PTO accrual for Paid Leave and Paid Sick Leave under the new ordinance will begin on July 1, 2024, instead of January 1, 2024. With a delayed effective date of the new ordinance, the current Chicago Sick Leave Ordinance accrual rate of one hour for every 40 hours worked remains effective through June 30, 2024. The Paid Leave Ordinance requires that employers allow employees to carry over up to 16 hours of PTO and up to 80 hours of Paid Sick Leave each year, but the amending ordinance delayed the carryover requirements for Paid Sick Leave to July 1, 2024.

Are the pay-out requirements delayed?

Yes, the Paid Leave Ordinance required medium employers (51-100 covered employees) to pay out up to 16 hours of PTO in 2024 and all accrued and unused PTO beginning in 2025. Most large employers (those with over 100 employees) must pay out accrued and unused paid leave upon termination (or if an employee leaves Chicago). The amending ordinance delayed the pay-out requirements to July 1, 2025.

Did the amending ordinance change the definition of “covered employee”?

Yes, the original ordinance included employees who work at least two hours in a two-week period for the employer while physically present in Chicago. The future amended ordinance changed the definition to include employees who work at least 80 hours in Chicago during a 120-day period. Once an employee meets that threshold, they are deemed a “covered employee” for the duration of their employment with that employer. The Paid Leave Ordinance continues to include domestic workers (regardless of whether they are employees or independent contractors).

Do any Paid Leave Ordinance requirements take effect before July 2024?

Under the Paid Leave Ordinance, employers must: (1) post a notice of the new requirements, (2) adopt a written policy explaining PTO and Paid Sick Leave rights and responsibilities and share the policy with employees when they are hired, and (3) provide employees with PTO and Paid Sick Leave accrual and use information each pay period. The amending ordinance requires that employers provide their employment policies to workers with regular work duties within the geographical boundaries of Chicago in the primary language of each worker. Employers must also give employees 14 days’ notice of any changes to employment policies.

How should Chicago employers prepare?

Chicago employers should take the following steps immediately to make sure that they comply:

  • Determine whether you will frontload or accrue for PTO and Paid Sick Leave (you can create one uniform policy to address both leaves or separate them depending on what best serves your business).
  • Review existing policies to ensure compliance with the new ordinance and clearly explain how PTO and Paid Sick Leave will be handled.
  • Make sure payroll systems are set up to track and document time off availability and usage properly.
  • Determine whether any remote employees are physically present in the City of Chicago for work at least 80 hours in a 120-day period, and if so, make sure they’re included in the new policy.
  • Update template separation letters to reflect new payment upon termination requirements and ensure your human resources team knows when and how time needs to paid out.

We will be continuing to monitor the City’s changes to the Paid Leave Ordinance. If you have any questions regarding Chicago’s new Paid Leave Ordinance or the Illinois Paid Leave for All Workers Act, please do not hesitate to reach out with any questions.

Chicago Passes Sweeping New Paid Leave Ordinance

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Author Laura Friedel

Chicago recently passed one of the most expansive paid time off laws in the country, with significant changes and severe penalties for violations. Passed by the Chicago City Council on November 9, 2023, the Paid Leave and Paid Sick and Safe Leave Ordinance (“Paid Leave Ordinance”) takes effect on December 31, 2023, and significantly amends the current paid leave requirements.

The new Paid Leave Ordinance allows employees to earn up to 40 hours of paid leave for any purpose in a 12-month period (“PTO”) and up to 40 hours of paid sick leave in a 12-month period “(Paid Sick Leave”). Additionally, employers that accrue the time off (rather than frontloading it) must carry time over from year to year, and employers with more than 50 employees are required to pay employees out for unused PTO on termination – even if they use a flexible time off model. The new ordinance also imposes strict penalties for violations.

Who is covered by the new ordinance?

The Paid Leave Ordinance applies to any employer with at least one employee, though the requirement to pay for unused PTO on termination only applies to employers with more than 50 employees. “Covered employees” include domestic workers (regardless of whether they are employees or independent contractors) and any employees who work at least two hours in a two-week period for the employer while physically present in Chicago. Accordingly, the law may apply to remote workers who are physically present for work in Chicago occasionally.

If an employer is subject to a collective bargaining agreement with more generous paid time off provisions, the collective bargaining agreement continues to apply.

How does the Paid Leave Ordinance impact accrual and frontloading systems?

If an employer uses an accrual system, as of January 1, 2024, its employees will need to accrue both PTO and Paid Sick Leave at a rate of at least one hour for each 35 hours worked. Employers may cap accruals at 40 hours for each kind of leave in a 12-month period. Employers that use an accrual system must allow employees to carry over up to 16 hours of PTO and up to 80 hours of Paid Sick Leave each year (unused time off above those thresholds can be forfeited. Employers that use an accrual system must adopt a policy that explains the accrual rate.

Employers also have the option of frontloading PTO and Paid Sick Leave but providing at least 40 hours of PTO and 40 hours of Paid Sick Leave at the beginning of each 12-month period. While employers who front load don’t need to allow carryover of PTO into the new year, they must allow carryover of up to 80 hours of unused Paid Sick Leave. The downside of frontloading is that employees who quit in early January would be entitled to payout for the full year’s allotment, but we expect many employers will still use this approach to avoid the carryover requirement for PTO.

It’s important to note that with the December 31st effective date, employers that are not frontloading PTO and Paid Sick Leave on January 1, 2024 will need to carryover remaining balances from 2023 into 2024.

When can employees begin using their PTO and Paid Sick Leave?

Employers can require that new employees wait 30 days before they can begin using their accrued Paid Sick Leave and 90 days before using PTO. 

Can employers impose any advance notice requirements?

Employers subject to the Paid Leave Ordinance can still require employees to provide up to seven days’ advance notice for the use of PTO. They can also require seven days’ advance notice for any Paid Sick Leave that is foreseeable. Additionally, employers may require preapproval, within reason, for the use of PTO and documentation for Paid Sick Leave of more than three consecutive days.

Do employers need to pay out unused PTO and Paid Sick Leave when employment is terminated?

Employers are not required to pay out unused Paid Sick Leave upon termination, resignation, retirement, or other employment separation.

The payout rules for unused PTO differ depending on the size of the employer. Small employers (50 or fewer employees) are not required to pay out unused PTO, but medium employers (51-100 employees) must pay out 16 hours of PTO in 2024 and all accrued and unused PTO beginning in 2025. Most large employers (those with more than 100 employees) must pay out accrued and unused paid leave upon termination (or if an employee leaves Chicago).

If a Chicago employer has “unlimited” or “flexible” paid time off, the Paid Leave Ordinance now requires that, at termination, they pay out at least 40 hours of PTO less any PTO the employee has used over the course of the previous 12 months. Employers with unlimited or flexible paid leave policies should make sure to accurately track the use of paid time off by employees.

What notice requirements to employers have?

Employers must notify employees of the new law by doing the following:

  • Post a notice of employee rights in a conspicuous place at each facility and distribute the notice with the employee’s first paycheck (and annually in July after that).
  • Adopt a written policy explaining PTO and Paid Sick Leave rights and responsibilities and share the policy with employees when they are hired.
  • Provide employees with PTO and Paid Sick Leave accrual and use information each pay period.

Chicago employers must also maintain accurate records of each employee’s PTO and Paid Sick Leave use, among other information. The failure to keep these records creates a rebuttable presumption of a violation.

What are the penalties for violating the Paid Leave Ordinance?

Employers who violate the ordinance could face fines between $1,000-$3,000 for each offense, with each day of noncompliance deemed a separate offense. The penalties for notice violations are $500-$1,000 per violation.

Additionally, employees may pursue a private cause of action for violations, with possible damages of up to three times the amount of leave denied or lost, plus interest, costs, and attorney’s fees. However, private claims for PTO violations may not be brought until January beginning January 1, 2025. Employees can pursue private causes of action for Paid Sick Leave violations as soon as the ordinance takes effect on December 31.

How does the Paid Leave Ordinance align with the Illinois Paid Leave for All Workers Act?

Earlier this year, Illinois enacted the Illinois Paid Leave for All Workers Act, effective January 1, 2024. However, the new Illinois law does not apply in Chicago or in any other jurisdiction that had an existing paid time off requirement. 

What should Chicago employers do before the end of 2023?

Chicago employers should take the following steps immediately to make sure that they are in compliance by December 31st:

  • Determine whether you are going to frontload or accrue for PTO and Paid Sick Leave (you can treat them differently if you prefer) and if accruing, prepare for carryover from 2023 to 2024.
  • Review existing policies to ensure compliance with the new ordinance and clearly explain how PTO and Paid Sick Leave will be handled..
  • Make sure that their payroll systems are set up to properly track and document time off availability and usage.
  • Determine whether any remote employees are physically present in the City of Chicago for work at least two hours in a two-week period and, if so, make sure they’re included in the new policy.
  • Update template separation letters to reflect new payment on termination requirements and make sure team is aware that this needs to be paid out.

If you have any questions regarding Chicago’s new Paid Leave Ordinance or the Illinois Paid Leave for All Workers Act, please do not hesitate to reach out with any questions.