1) What does the Chicago Paid Sick Time law do?
It gives workers up to 40 hours of sick time a year, which can be used:
- To recover from physical/mental illness or injury;
- To seek professional care, including medical diagnosis, treatment, preventative, or behavioral care;
- To care for a family member who is ill/injured, ordered to quarantine, or needs professional care, including medical diagnosis, treatment, preventative, or behavioral care;
- When the worker’s place of business is closed by order of a public official due to a public health emergency or to care for a family member whose school, class, or place of care has been closed;
- If the worker or a family member is the victim of domestic violence, a sexual offense, stalking, or human trafficking; or
- If the worker obeys 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:
- stay at home to minimize the transmission of a communicable disease;
- remain at home while experiencing symptoms or sick with a communicable disease;
- obey a quarantine order that has been issued to the worker; or
- obey an isolation order that has been issued to the worker.
*Note: Covered workers have a separate right under the law to accrued paid time off that can be used for broader purposes. For more information on the paid time off provisions, please visit the City’s Paid Leave and Paid Sick Leave page.
2) Am I covered?
If you work as an employee in Chicago for at least 80 hours for an employer within any 120-day period, you are probably covered by the Chicago law, whether you are a full-time, part-time, or temporary worker. Workers are covered regardless of immigration status. However, the law does not cover government employees other than employees of the City of Chicago and certain City agencies, or construction industry workers covered by a collective bargaining agreement (CBA).
3) How much paid sick time can I earn?
You earn 1 hour of paid sick time for every 35 hours worked, up to a maximum of 40 hours per year.
All covered employees are protected against being fired or punished for using or requesting their sick time (including threats, discipline, demotion, reduction in hours, termination, etc.).
4) What if my work or my child’s school or daycare is closed for a health emergency?
You can also use your sick time if your place of business is closed by order of a public official due to a public health emergency or to care for a family member whose school, class, or place of care has an unscheduled closure or has been closed by order of a public official due to a public health emergency.
5) Which of my family members are covered by the law?
Under the law, you can take sick time to care for yourself or a child, spouse, domestic partner, civil union partner, parent, parent of a spouse or domestic partner, grandchild, grandparent, sibling, or for any other blood relative (such as an aunt, cousin, etc.) or any other individual whose close association with you is the equivalent of a family relationship (such as a close friend who is like family, a significant other, etc.).
6) What if I already have paid leave or paid time off?
If you already get any paid time off (vacation, paid time off, etc.) in addition to the separate paid leave required under this law, and you can use it as sick time and it’s at least the same amount you would earn under this law, the law does not give you any additional paid time off.
7) When can I begin using my sick time?
You start earning sick time immediately but your employer can require you to wait until 30 calendar days after the start of your employment to use it.
8) Do I need a doctor’s note?
Only after more than 3 consecutive work days of absence (and the note does not have to specify your illness). For absences of more than 3 consecutive work days taken for safe leave, you can provide a police report, a court document, a signed statement from an attorney, member of clergy, or victim services advocate, or other evidence, including a written statement from yourself or another person with knowledge of the circumstances.
All covered workers are protected against being fired or punished for using or requesting sick or safe time. If you have a problem—or want more information—call A Better Balance’s free legal clinic at 1-833-NEED-ABB.
The Chicago Department of Business Affairs and Consumer Protection is in charge of enforcing the Chicago law.
Please note that this fact sheet does not represent an exhaustive overview of the paid sick time law described, and it does not constitute legal advice. It is possible that additional provisions not described in this fact sheet may apply to a worker’s specific circumstances or category of employment.
For the full list of state and local paid sick time laws, visit here.