Updates to Cook County, Illinois Paid Leave Ordinance

Time to update yet another policy. Employers in Cook County, Illinois, take notice—the interpretive and procedural rules for Cook County, Illinois’s Paid Leave Ordinance were amended on April 10.

Below is a summary of changes, not inclusive of those applying to county park and school district employees.

Other Benefits While Using Paid Leave

If an employer elects to compensate an employee using Paid Leave with the accrual of Paid Leave, the employer must offer these benefits in the same manner and to the same extent as if they had performed regular work.

"Employers are not required to compensate an Employee using Paid Leave with the accrual of Paid Leave (vacation, sick, personal days, etc.), but may elect to do so. Employers who elect to compensate an Employee using Paid Leave with the accrual of Paid Leave and such additional benefits (seniority or health benefits) shall do so in the same manner and to the same extent as if they had performed the regular work."

"Hours Worked" in the Accrual Calculation

Employers are not required to, but may, include Paid Leave usage in the accrual calculation for earning additional Paid Leave.

"(C) Hours Worked

Employees accrue one hour of Paid Leave for every 40 hours worked."

Disciplinary Leaves

Use of Paid Leave cannot be required, but may be allowed, for employees on disciplinary leaves, such as a suspension.

"An Employer may not require an Employee to use Paid Leave when the Employee has been suspended or otherwise placed on leave for disciplinary reasons. Employers’ paid leave policy may allow an Employee to elect to use Paid Leave when the Employee has been suspended or otherwise placed on leave for disciplinary reasons. The Employee may elect to use Paid Leave for some or all of the disciplinary leave."

Plan of Action for Employers

Employers should determine what modifications must be made to any impacted policies. If modifications are required, employers should be reminded that "Changes to an Employer’s Paid Leave shall be provided to Employees in writing as soon as practicable, but in no case longer than five days."

For additional guidance and resources for the Cook County Paid Leave Ordinance, visit the Cook County Government’s landing page for the Paid Leave Ordinance and Regulations.

If you need assistance with the creation or maintenance of your employee handbook policies, MRA can help. Contact us today to learn more.

Source: Cook County Government