Do I have a right to Paid Sick Days?

Workers in the city of Chicago have a right to 5 paid sick days. 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. This includes salaried employees, domestic employees, day laborers, tipped workers, and home health care workers. If you are a union member, you should check your CBA. However, the law does not cover minors, certain public or city agency employees, state or federal government workers, construction industry workers covered by a collective bargaining agreement (CBA), or participants of certain subsidized temporary youth or transitional employment programs. See this document from the City of Chicago for more information.

Workers in 21 Cook County suburbs also have a right to 5 paid sick days. See which suburbs here: www.arisechicago.org/county. If you work as an employee in a covered suburb for at least 80 hoursfor an employer within any 120-day period, you may be covered by the Cook County law, whether you are a full-time, part-time, or temporary worker. However, the law does not cover federal, state, or local government employees, or construction industry workers covered by a collective bargaining agreement (CBA). You earn 1 hour of paid sick time for every 40 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.). For more information about the Cook County law, see here: www.cookcountyil.gov/service/earned-sick-leave-ordinance-0.

What Can I Use Paid Sick Days For?

• You or your family member is ill or injured, receiving medical care, treatment, diagnosis or preventative medical care;
• Your place of business is closed by order of a public official due to public health emergency;
• Your child needs care because their school or place of care is closed due to a public health emergency;
• You or your family member is a victim of domestic violence or sex offense.

How Do I Take Paid Sick Days?

• Give your employer as much notice as possible that you will need to use your Paid Sick Days.
• If you use 3 or more work days in a row of Paid Sick Days, your employer could require you to provide documentation to support your leave request.
• Employers cannot require you to find a replacement worker to cover for you in order to use Paid Sick Days.

What Can I do if My Boss is not Following the Law?

If you believe you are entitled to Paid Sick Days, and your employer is not complying, contact Arise Chicago to file a complaint with the City of Chicago Office of Labor Standards (for Chicago workers) or the Cook County Commission on Human Rights (for covered suburban workers): [email protected] / 773-769-6000.

• Learn more about filing a complaint with the Office of Labor Standards here: https://www.chicago.gov/city/en/depts/bacp/supp_info/officeoflaborstandards.html
• Learn more about filing a complaint with the Cook County Commission on Human Relations here:https://www.cookcountyil.gov/service/file-complaint-violation-earned-sick-leave-ordinance
• If you are working and do not feel safe on the job, you can take collective action with your co-workers and refuse to work to protect your health. See Section A about using Protected Concerted Activity to take protected collective action to protect your health.