Paid sick leave: An employee may take time off for an illness, an illness of a family member, or other specific circumstances.

Sister agencies include Chicago Public Schools, the Chicago Park District, the Chicago Transit Authority, the City Colleges of Chicago, the Chicago Housing Authority, and the Public Building Commission.

Exception: Employers who are already complying with local paid leave requirements that were in place before the passage of PLAWA; Covered Employers also do not include school districts organized under the School Code or park districts organized under the Park District Code.

Salaried exempt employees are assumed to work 40 hours a week unless their normal workweek is less than 40 hours; then, they will accrue hours based on their normal workweek.

No fractional accrual; the accrual rate must be hourly. If an employer offers either type of paid leave above the minimum requirements, they can credit the applicable leave time on a monthly basis.

Salaried exempt employees are assumed to work 40 hours a week unless their normal workweek is less than 40 hours; then, they will accrue hours based on their normal workweek.

Paid leave does not accrue during the use of any paid or unpaid leave.

Employers can use a fractional accrual rate as long as the rate is equal to at least one hour of leave per 40 hours worked.

Domestic Workers: If a domestic worker works for multiple households, their aggregate time worked for all families is counted for accrual purposes.

If an employee lacked meaningful access to paid leave or paid sick leave and was denied leave despite complying with the employer’s policies, the employee must be permitted to carry over the amount of leave denied into the following plan year.

It is unclear how or if carry over requirements would be different for employers that are subject to the federal Family Medical Leave Act (FMLA).

Employers also do not have to provide more than 40 hours of leave for use in any 12-month period.

Employers can provide employees with 40 hours of paid leave, paid sick leave, or both on the first day of employment or the first day of the 12-month accrual period.

It is unclear if this amount is different for employers that are subject to FMLA.

Employers can frontload paid leave time on the employee’s first day of employment or the first day of the 12-month accrual period.

An employer cannot require an employee who used all of the frontloaded amount for the year to repay any of the leave if the employee quits before the year ends.

Employers must give employees notice of the minimum amount of paid leave hours available for use on the employee’s first day of work or the first day of the 12-month period.

For part-time workers, employers can prorate the amount of paid leave based on the part-time employee’s anticipated work schedule. If the employee works more than anticipated, the employer must provide the employee with the additional hours they are entitled. Employers may not diminish an employee’s paid leave hours if they work less than expected.

If reasonably foreseeable, employers can require that employees give reasonable notice, not to exceed seven days, before paid leave is taken. If leave is not foreseeable, employees must give notice as soon as practicable on the day the employee intends to take the leave. An employer may not require preapproval before the employee can use their PTO.

Upon the employee’s separation or termination, the employer is required to pay 40 hours of paid time off minus the hours of paid time off used by the employee in the last 12-month period.

Employers cannot include in an employment contract or employment policy a requirement that employees forfeit their earned PTO upon separation.

Any terms or conditions restricting the use of paid leave beyond those explicitly stated in the Act must be stated in a written paid leave policy available to all employees.

Employers may not require as a condition of leave that employees find a replacement worker to cover their hours when they use this leave.

Paid Sick Leave: If reasonably foreseeable, employers can require that employees give reasonable notice, not to exceed seven days, before sick leave is taken. If leave is not foreseeable, employees must give notice as soon as practicable.

If employers require notice when the need for time off is not foreseeable, then they must have a written policy stating the applicable procedures.

Employers must also issue a notice of the employee’s rights under this Act with the employee’s first paycheck and annually thereafter, within 30 days of July 1.

Employers must provide employees with notice of the amount of unused paid leave and paid sick leave available to them, along with the accrual rates of each type of leave every time wages are paid.

Employers must provide employees notice of their amount of accrued or used paid leave upon employee request if using the accrual system.

Employers must provide employees with notice of the amount of unused paid leave available to them on each paycheck or paystub.

If an employer makes changes to the notification requirements, then they must notify employees in writing within five days of any change.

Paid leave: Some employers are required to pay out accrued paid leave.

Large employers — those with 100+ covered employees — must pay employees all of their accrued and unused paid leave up to 40 hours upon the employees’ separation.

Medium employers — those with 51-100 employees — must pay employees their accrued and unused time off up to 16 hours upon the employees’ separation from Jan. 1, 2024, to Dec. 31, 2024. After Jan. 1, 2025, these employers must pay employees all of their accrued and unused paid leave up to 40 hours upon the employees’ separation.

Small employers — those with 50 or fewer employees — are not required to pay employees for any accrued and unused time off.

Any existing or separate leave — like vacation — granted to employees should be kept separate from the accounting of the employee’s earned paid leave under the Act. If the employer does not keep the two types of leave separate and the employer credits the paid leave required under the Act to the employee’s existing time off allowance bank, then the unused paid leave shall be paid to the employee upon their termination or separation from the employer as required by the Illinois Wage Payment and Collection Act.

Paid sick leave: Employers can require a certification that the use of paid sick leave was authorized after three sick days in a row. A document signed by a licensed health care provider is sufficient.

Any policy that does not comply with the requirements of the new ordinance, including the accrual or frontloading requirements, is in violation of the ordinance.

Each day a violation continues constitutes a separate offense to which a separate fine applies.

Private cause of action: An employee may bring a claim for a violation of this ordinance and may recover three times the amount of any leave wrongfully denied or lost, along with interest and attorney fees. A private cause of action for paid sick leave is available on Dec. 31, 2023. A private cause of action for paid leave is available on Jan. 1, 2025.

Fine imposed by IDOL: If an employer violates this Act — except for the notice requirements — they shall be subject to a $2,500 penalty per offense.

There is no private right of action under the statute.