The Cook County Paid Leave Ordinance requires most employers in Cook County, Illinois, to provide their county employees with up to 40 hours of paid leave to be taken for any reason. The Cook County Commission on Human Rights has issued final interpretive and procedural rules to the ordinance that provide employers with much-needed clarification, including on who the ordinance applies to, whether it overlaps with other state and local leave entitlements, how to calculate paid leave under the ordinance, whether carryover of accrued, unused paid leave can be capped, and when employers may lawfully deny paid leave requests. The final rules also include other comprehensive requirements, and employers are advised to consult an attorney for assistance in updating their written leave policies to comply with the final rules.

Who does Cook County’s paid leave ordinance apply to?

The final regulations clarify that an “employee” is an individual who performs more than 50 percent of his or her total paid work while physically located within the geographic boundaries of Cook County and who is not otherwise exempt from the order. This includes employees who work in Cook County most of the time and who are entitled to at least one hour of paid leave for every 40 hours worked, up to 40 hours per 12-month benefit period.

Does the ordinance overlap with the Illinois Paid Leave for All Workers Act and the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance? Which ones apply to my company?

Coverage is determined primarily by the employee's work location. For example, employees who work in Cook County but not the City of Chicago are subject to the Cook County ordinance, with few exceptions. Cook County municipalities that have opted out of the Cook County Earned Sick Leave ordinance are not considered to have opted out of the Paid Leave ordinance unless further opt-out action is taken. Even if a municipality opts out, it is still subject to the similar statewide requirements of the recently enacted Paid Leave for All Workers Act.

The final rules confirm that the Commission will follow the paid leave laws of any municipality in Cook County that has enacted a paid leave law with the same or greater requirements as Cook County's, including the City of Chicago's paid vacation and paid sick and safety leave ordinance. As a result, employers of employees in Chicago not You must comply with both the Cook County Paid Leave Ordinance and the Chicago Paid Vacation and Paid Sick and Safety Leave Ordinance.

Can employers advance paid leave in Cook County?

Yes. An employer may choose to advance paid leave at the beginning of a 12-month benefit period rather than using the accrual method, as long as the number of paid leave hours the employee receives is not less than the employee would be entitled to if he or she had accrued the paid leave, and the employer provides written notice of the advance payment. If an employee works more hours than expected (for example, an employee is hired to work 20 hours per week but ends up working 30 hours per week), an employer may use a combination of advance and accrual methods to “equalize” the paid leave hours to which the employee is entitled.

Does paid leave carry over in Cook County?

Yes, if the employer provides leave using the accrual method. The final rules confirm that employers using the accrual method must allow their employees to carry over up to 40 hours of unused paid leave from one 12-month period to the next 12-month period. However, employers using the frontloading method are not required to carry over paid leave from one 12-month period to the next and may require their employees to take all paid leave before the end of the benefit period or allow unused paid leave to expire.

Does an employer have to choose between “accrual” or “frontloading”?

No. The final regulations state that an employer may provide advanced paid leave to some employees and accrued paid leave to others as long as the employer's written policy meets the minimum requirements of the regulation.

Can employers require termination for taking paid leave?

Yes. With an appropriate written policy, employers can require a minimum period of notice. For example, if the use of paid leave under the Regulation foreseeable, The employer may require the employee to give seven calendar days' notice before the start of the holiday. The Commission will consider a directive requiring advance notice foreseeable Paid leave is considered unreasonable if such a policy: (1) is not in writing; (2) was not communicated to the employee prior to the employee's failure to provide notice; (3) would require the employee to provide notice while the employee is unconscious or otherwise incapacitated; (4) would require the employee to provide notice more than seven days prior to the absence; or (5) limits the manner in which an employee may provide the required notice in such a way that compliance is so unreasonably difficult that paid leave cannot be used as a practical matter.

An employer may also establish a reasonable written policy that provides for notification of unpredictable absences as soon as possible. The Commission will adopt a Directive on the notification required for unpredictable Paid leave may be considered unreasonable if the policy: (1) is not in writing; (2) requires notice when the employee is unconscious or otherwise incapacitated; (3) does not permit a third person other than the employee to provide the required notice on the employee's behalf; (4) requires an employee to provide notice before the day of absence; or (5) precludes notice by phone, email, or text message.

Can an employer deny a request for paid leave in Cook County?

Yes, but the reasons for denial are limited and must be explained in the employer's written policy. An employer may deny an employee's request for paid leave under the ordinance only if such denial is necessary to meet the employer's essential operational needs for the period requested. To determine whether the employer's denial of paid leave under the ordinance was justified on operational grounds, the Commission will consider whether (a) the employer is meeting a need or providing a service that is critical to the health, safety or welfare of the people of Cook County, (b) similarly situated employees are treated equally in reviewing, approving and denying paid leave under the ordinance, and (c) granting leave during a particular period would significantly interfere with business operations due to the size of the employer.

What happens if my company uses temporary workers? Which company has to comply with the regulation?

Under the final regulations, the temporary employment agency and the user organization or company are considered “joint employers” if they control the work or working conditions of the employee. All joint employers of an employee are both individually and jointly responsible for compliance with the regulation, but only the temporary employment agency is required to keep records of the entitlement and use of paid leave by the temporary employment agency's employees.

Is an employer required to pay paid vacation in Cook County upon termination?

It depends. If an employer credits paid leave to an employee's vacation or paid time off account, the employer must pay the employee the unused vacation or paid time off account balance upon the employee's termination, resignation, retirement, or other separation under the Illinois Wage Payment and Collection Act. However, if an employer does not credit Cook County paid leave to an employee's vacation or paid time off account and treats it separately, it does not have to be paid upon separation.

What rate should be paid for paid vacation in Cook County?

Vacation pay under the ordinance shall be paid at the employee's regular hourly rate of pay, which is a technical term referring to the average hourly rate calculated by dividing the total wages for employment (excluding statutory exceptions) in a workweek by the total number of hours actually worked. For employees who customarily receive tips, the rate must be at least equal to the full Cook County minimum wage for non-tipped employees.