04 June 2020 Chicago ordinance contains COVID-19 anti-retaliation provision and expands covered employees for paid leave On May 20, 2020, the Chicago City Council approved an ordinance that protects employees from employer retaliation for obeying the Mayor's order in connection with COVID-19 and makes corrections to city's paid leave and minimum requirements by expanding the types of workers covered by those requirements. An employer is prohibited from demoting or terminating a covered employee for obeying orders issued by the Mayor, the Illinois Governor, the Chicago Department of Public Health or a healthcare provider pursuant to COVID-19 pandemic by:
An employer has an affirmative defense to violations of these requirements if it relied on a reasonable interpretation of an order and, upon learning of the violation, cured the violation within 30 days. Under Chicago's paid leave requirement, any covered employee who works at least 80 hours for an employer within any 120-day period is eligible to use accrued paid sick leave by the 180th calendar day following the commencement of employment, regardless of the number of employees the employer employs. When the city's ordinance was amended effective July 1, 2020, some groups were erroneously removed from being covered by the paid leave ordinance. The ordinance adopted on May 20, 2020, adds the following as covered employees:
Employers must give employees notice of the paid leave requirements. Accordingly, the added covered employees above must receive notice effective July 1, 2029 with their first paycheck explaining that they are subject to the paid leave ordinance. Frequently asked questions about Chicago's paid leave ordinance, updated May 20, 2020, are available here.
Document ID: 2020-1473 | |||||||||||
