Overview: In Illinois, the Village of Northbrook and the Village of Wilmette governments have now voted to opt back into the Cook County Earned Sick Leave Ordinance (“Ordinance”).
Effective Date: Northbrook employers must comply with the Ordinance as of January 1, 2019 and Wilmette employers must comply by March 1, 2019.
Details:
On October 5, 2016, the Cook County (Illinois) Board voted to require that employers give workers paid sick time. The “Earned Sick Leave Ordinance” went into effect on July 1, 2017. Under the Ordinance, “Employers” have to provide their workers with one hour of paid sick time for every 40 hours worked. A “Covered Employee” can accrue a maximum of 40 hours of paid sick leave per year, or about five work days, unless their employer sets a higher limit.
Illinois law allows cities and villages within a county to opt out of laws enacted by counties. Section 6(c) of the Illinois Constitution provides that if “a home rule county ordinance conflicts with an ordinance of a municipality, the municipal ordinance shall prevail within its jurisdiction”. Over 100 municipalities in the County opted out of the Ordinance.
County Wide Vote:
On November 6, 2018, a referendum on the ballot were asked whether they believed their municipality should grant paid sick leave. Over 86 percent of voters agreed that their municipality should provide sick leave in accordance with Ordinance.
Opt-In:
The Village of Northbrook and the Village of Wilmette governments have now voted to opt back into the Ordinance. Northbrook employers must comply with the Ordinance as of January 1, 2019 and Wilmette employers must comply by March 1, 2019.
Western Springs, Illinois had previously voted to opt back in as of May 18, 2018.
It is expected based on the results of the November 6, 2018 referendum that other municipalities with the County will opt back in as well. ADP will continue to monitor and report on this matter.
Some highlights of Cook County Ordinance are as follows:
· Covered Employee is any employee employed for at least 80 hours for an Employer within a 120-day period.
· Employer means: Any person employing one or more employees, or seeking to employ one or more employees:. If the person has its principal place of business within Cook County; or. does business within Cook County.
· The term Employer does not mean:
o The government of the United States or a corporation wholly owned by the government of the United States;
o An Indian tribe or a corporation wholly owned by an Indian tribe;
o The government of the State or any agency or department thereof; or
o The government of any municipality in Cook County.
· A Covered Employee who is exempt from overtime requirements shall be assumed to work 40 hours in each work week for purposes of paid sick leave accrual, unless his or her normal work week is less than 40 hours, in which case paid sick leave shall accrue based upon that normal work week.
· For each Covered Employee, there shall be a cap of 40 hours Paid Sick Leave accrued per 12-month period, unless his or her Employer sets a higher limit. The 12-month period for a Covered Employee shall be calculated from the date he or she began to accrue paid sick leave.
· At the end of a Covered Employee’s 12-month accrual period, he or she shall be allowed to carry over to the following 12-month period half of his or her unused accrued Paid Sick Leave, up to a maximum of 20 hours.
· If an Employer is subject to the Family and Medical Leave Act, each of the Employer's Covered Employees shall be allowed, at the end of his or her 12-month Paid Sick Leave accrual period, to carry over up to 40 hours of his or her unused accrued Paid Sick Leave.
· An Employer shall allow a Covered Employee to begin using paid sick leave no later than on the 180th calendar day following the commencement of his or her employment.
· A covered Employee may use paid sick leave when:
o He or she is ill or injured, or for the purpose of receiving medical care, treatment, diagnosis or preventative medical care.
o A member of his or her family or for the purpose of receiving medical care, treatment, diagnosis or preventative medical care.
· An Employer shall not require, as a condition of A Covered Employee taking paid sick leave that he or she search for or find a replacement worker to cover the hours during which he or she is on paid sick leave.
· If a Covered Employees’ need for paid sick leave is reasonably foreseeable, an Employer may require up to seven days' notice before leave is taken. If the need for paid sick leave is not reasonably foreseeable, an Employer may require a Covered Employee to give notice as soon as is practicable on the day the Covered Employee intends to take paid sick leave by notifying the Employer through via phone, e-mail, or text message. For purposes of this subsection, needs that are "reasonably foreseeable" include, but are not limited to prescheduled appointments with health care providers for the Covered Employee or for a family member, and court dates in domestic violence cases. Any notice requirement imposed by an Employer pursuant to this subsection shall be waived in the event a Covered Employee is unable to give notice because he or she is unconscious, or otherwise medically incapacitated.
· If a Covered Employees’ need for paid sick leave is reasonably foreseeable, an Employer may require up to seven days' notice before leave is taken. If the need for paid sick leave is not reasonably foreseeable, an Employer may require a Covered Employee to give notice as soon as is practicable on the day the Covered Employee intends to take paid sick leave by notifying the Employer through via phone, e-mail, or text message. For purposes of this subsection, needs that are "reasonably foreseeable" include, but are not limited to prescheduled appointments with health care providers for the Covered Employee or for a family member, and court dates in domestic violence cases. Any notice requirement imposed by an Employer pursuant to this subsection shall be waived in the event a Covered Employee is unable to give notice because he or she is unconscious, or otherwise medically incapacitated.
· Where a Covered Employee is absent for more than three consecutive work days, his or her Employer may require certification that the use of paid sick leave was authorized under this section.
· If any Employer violates any of the paid sick leave provisions, the affected Covered Employee may recover in a civil action damages equal to three times the full amount of any unpaid sick time denied or lost by reason of the violation, and the interest on that amount calculated at the prevailing rate, together with costs and such reasonable attorney’s fees as the court allows.
For a copy of the Cook County Ordinance please click on the link provided below.
https://cook-county.legistar.com/LegislationDetail.aspx?ID=2775571&GUID=CCBEEF29-D744-4015-91A1-7948EEE28668&Options=&Search=&FullText=1
Action Required: Illinois employers with covered employees should review their policies, forms, practices, and practices to ensure compliance.
As always, please be sure to contact your Human Resources Business Partner if you have any questions.
This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.