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Overview of Paid Sick Time Laws in the United States:
Chicago, IL
Updated on August 4, 2021
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| Chicago, IL | |
| Who is covered? Note: City/county paid sick time laws cannot cover state government workers, and city, county, and state paid sick time laws cannot cover federal government workers. | Workers in Chicago who work at least 80 hours for an employer within any 120-day period are covered. Government employees other than those who work for the City of Chicago and certain City agencies, are exempt. Certain camp counselors, and workers who, in any 2-week period, perform fewer than 2 hours of work while physically present within Chicago, are also exempt. |
| Can sick time be used to care for loved ones? | Yes: children; legal guardians or wards; spouses; domestic partners (including parties to a civil union); parents; parents of a spouse or domestic partner; grandparents; grandchildren; siblings; or any other individual related by blood or whose close association with the worker is the equivalent of a family relationship. |
| How is “child” defined? | Biological, foster, or adopted children, stepchildren, legal guardians or wards, or a child to whom the worker stands in loco parentis. |
| Can sick time be used for specific “safe time” purposes (related to domestic violence, sexual assault, or stalking)? | Yes, when the worker or the worker’s family member is the victim. |
| Can sick time be used under the law to bond with a new child and/or deal with a family member’s death? Note: It is possible that other laws, such as the Family and Medical Leave Act or a state equivalent, could provide eligible workers with unpaid leave for these purposes. | If a worker is subject to the federal Family and Medical Leave Act (FMLA), they may carry forward up to 40 hours of unused paid sick time to be used for leave covered by the FMLA, which includes bonding with a new child (as well as certain military family needs). Paid sick time can’t be used to deal with a family member’s death. |
| Can sick time be used when a worker’s place of work or child’s school/place of care is closed by public health officials for a public health emergency? | Yes, sick time can be used when a worker’s place of business or a family member’s school, class, or childcare provider has been closed by order of a public official. Additionally, sick time can be used if a worker is obeying an order by the Mayor of Chicago, the Governor of Illinois, the Chicago Department of Public Health, or a treating healthcare provider requiring the worker to: (i) stay at home to minimize the transmission of a communicable disease; (ii) remain at home while experiencing symptoms or sick with a communicable disease; (iii) obey a quarantine order that has been issued to the worker; or (iv) obey an isolation order that has been issued to the worker. |
| Rate at which workers earn paid sick time? | 1 hour for every 40 hours worked. |
| Do workers have different sick time-related rights based on the size of their employer? If so, based on what employer-size threshold(s)? | No. |
| Amount of paid sick time that can be earned under the law per year? (Note: All of these paid sick time laws make it clear that these laws establish a minimum requirement, and employers can provide greater or more generous paid sick time benefits to their workers.) | Up to 40 hours a year. |
| When do workers begin to earn paid sick time? | On the first calendar day after the worker commences employment, but workers can be required to wait to use accrued paid sick time for up to 180 calendar days after commencement of employment. |
| Does unused sick time carry forward to the subsequent year? | Workers are entitled to carry forward half of their unused paid sick time, up to a maximum of 20 hours, but employers aren’t required to allow use of more than 40 hours of paid sick time a year. Additionally, as described earlier in this chart, workers covered by the FMLA may carry forward up to 40 hours of unused paid sick time for FMLA purposes; however, for workers covered by the FMLA, carry forward is not required if the FMLA-covered employer 1) credits the worker with 40 hours of paid sick time up front within 180 days after the worker began working for the employer and 2) makes an additional 20 hours of paid sick leave available to the worker to be used for leave covered by the FMLA at the beginning of each benefit year. For workers not covered by the FMLA, carry forward is not required if the employer credits the worker with 40 hours of paid sick time up front within 180 days after the covered employee began working for the employer. |
| Private Right of Action to go to Court? | Yes. |
| Are there waivers/ exemptions for workers covered by a valid Collective Bargaining Agreement (CBA)? | The law does not apply to construction industry workers covered by a CBA. After July 1, 2017, all or any part of the law doesn’t apply to workers covered by a CBA to the extent that the CBA explicitly waives the requirements in clear and unambiguous terms. |
| What Agency or Official Enforces the Law? | Chicago Department of Business Affairs and Consumer Protection |
| For the statewide paid sick time laws: can cities in the state pass paid sick time laws that are broader than the state law? | N/A |
| Statutory Citation(s) | Chicago Code § 1-24-010 et seq. |
| Additional Notes |
