Chicago has published rules and enacted two ordinances that will expand coverage under the city's paid sick leave law, create new notice and recordkeeping requirements, and prohibit adverse action against employees because of COVID-19. The changes take effect on July 1, 2020.
Expanded Paid Sick Leave Coverage:
All employers with at least one covered employee are required to provide paid sick leave, regardless of whether the employer has a worksite in the city or is subject to the city's business license requirements.
To be considered a covered employee, the employee must work:
- Within the city for at least two hours in any two-week period; and
- At least 80 hours for an employer within any 120-day period.
The definition of a covered employee has also been expanded to expressly include:
- An outside salesperson.
- A member of a religious corporation or organization.
- A student at, and employed by, an accredited Illinois college or university.
- Motor carriers regulated by the U.S. Secretary of Transportation or the state.
Notice Requirements:
New rules make clear that employers must post a required notice about minimum wage and paid sick leave through the employer's usual methods of communication for such notices (paper posting or electronic dissemination through their internal communication channels). When posting a paper notice, the notice must be printed on and scaled to fill a sheet of paper that measures 11 inches by 17 inches.
The new rules also require that the minimum wage and paid sick leave notice employers must provide with the first paycheck be printed on and scaled to fit a sheet of paper that measures 8.5 inches by 11 inches. However, where employees are enrolled in direct deposit but have the option to review their pay stubs electronically, employers may provide the notice through the employers' usual methods of electronic communication.
The new rules add a requirement that the notice employers must provide with the first paycheck must also be provided annually with the first paycheck on or following July 1, whether by paper or electronic means.
All notices must be in English and any language(s) spoken by employees at the facility who aren't proficient in English and in which the city has provided non-English language notices.
Recordkeeping:
Currently, employers must maintain the following records for each covered employee for a period of no less than five years:
- Name, mailing address, telephone number, and email address;
- Occupation and job title;
- Hire date;
- Date the employee was eligible to use paid sick leave;
- Number of hours of paid sick leave accrued or awarded;
- Dates and number of hours of paid sick leave used;
- Rates of pay;
- Hours worked each day and each workweek;
- Type of payment (hourly, salary, commission, etc.), straight-time and overtime pay, and total wages paid in each pay period;
- Additions to and deductions from wages for each pay period and an explanation; and
- Dates of payment of each pay period covered by each payment.
Effective July 1, 2020, employers must also keep a record of whether the covered employee is tipped, non-tipped, or performs duties of both tipped and non-tipped positions.
COVID-19 Protections:
Effective July 1, 2020, employers are prohibited from taking adverse action against a covered employee for obeying an order issued by the mayor, governor, the Chicago Department of Public Health, or a treating healthcare provider, requiring the individual to:
- Stay at home to minimize the transmission of COVID-19;
- Remain at home while experiencing COVID-19 symptoms or sick with COVID-19;
- Obey a quarantine order issued to the employee;
- Obey an isolation order issued to the employee;
- Obey an order issued by the Commissioner of Health regarding the duties of hospitals and other congregate facilities.
In addition, employers are prohibited from taking adverse action against an employee for caring for an individual subject to 1 through 3 above.
Compliance Recommendations:
Employers with covered employees should ensure compliance with the changes that take effect July 1, 2020. Please contact your dedicated service professional with any questions.