The Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, in effect since July 1, 2024, gives most workers in the city two separate banks of time off. Each one accrues at the rate of one hour for every 35 hours worked.1City of Chicago. Chicago Paid Leave and Paid Sick and Safe Leave Ordinance One bank is general-purpose paid leave you can use for any reason. The other is paid sick leave reserved for health and safety situations. Both start building up on your first day of work, and both cap at 40 hours per 12-month period.
Who the Ordinance Covers
You’re covered if you work at least 80 hours within any 120-day period while physically present inside Chicago’s city limits.2City of Chicago. Chicago Paid Leave and Paid Sick and Safe Leave Rules Once you cross that threshold, coverage lasts for the rest of your employment. Full-time, part-time, and temporary workers all qualify. Your employer’s headquarters can sit anywhere; what matters is where you actually perform the work.
Domestic workers like nannies and home caregivers are covered no matter the size of the household employing them. Day laborers qualify once they meet the 80-hour test at Chicago job sites.2City of Chicago. Chicago Paid Leave and Paid Sick and Safe Leave Rules Genuine independent contractors are not covered, but employers can’t dodge the ordinance by labeling an employee a contractor on paper. If your employer controls when, where, and how you work, you’re likely an employee here regardless of what your contract says.
Two Leave Banks That Accrue at the Same Time
The most common misunderstanding about this ordinance is that it creates one pool of leave. It creates two, and they build up at the same time. For every 35 hours you work, you earn one hour of paid leave and one hour of paid sick leave.3City of Chicago. Paid Leave and Paid Sick Leave
Paid leave is yours for any purpose. You don’t owe your employer a reason, and your employer can’t ask for one. Paid sick leave is limited to the health and safety situations described below. Each bank caps at 40 hours (five days) per 12-month period, so a full-time worker can accrue up to 80 total hours of protected time off each year.1City of Chicago. Chicago Paid Leave and Paid Sick and Safe Leave Ordinance
Carryover Rules Differ
Unused sick leave rolls over year to year up to a maximum balance of 80 hours. That cushion matters for workers facing prolonged illness or recurring treatment. Paid leave carries over far less generously, with up to 16 hours rolling into the next year under the standard accrual method.1City of Chicago. Chicago Paid Leave and Paid Sick and Safe Leave Ordinance
When You Can Use Sick Leave
Sick leave covers illness, injury, and medical appointments for yourself or a family member, including preventive care such as checkups and vaccinations. “Family member” is defined broadly and includes children, parents, spouses, domestic partners, siblings, grandparents, grandchildren, and legal guardians.
The “safe leave” piece covers situations involving domestic violence, sexual assault, or stalking. You can use it for court proceedings, counseling, relocating to a safer environment, or other steps needed to protect yourself or a family member.
Sick leave is also available when a public official closes your workplace or your child’s school or daycare due to a public health emergency. Your employer cannot penalize you for using leave for any of these protected reasons.
Notice and Documentation
For a planned absence like a scheduled surgery, your employer can require up to seven days of advance notice. When the need is unexpected, notify your employer as soon as reasonably possible. Many workplaces have call-in procedures or app-based notifications, so check your policy.
Documentation can only be requested after you’ve been absent for more than three consecutive workdays. A standard doctor’s note covers medical leave. For safe leave, a police report, court order, or signed statement from a victim services counselor works.
Your employer cannot demand that documentation describe the specific nature of your illness or injury. A note confirming you needed medical attention is enough. Federal disability law reinforces this by requiring employers to store any medical information in a separate confidential file rather than in your regular personnel folder.
What You Get Paid
You receive your normal hourly rate while using either type of leave, paid out during the regular pay cycle that covers the dates you were absent.4American Legal Publishing Corporation. Municipal Code of Chicago 6-130-030 – Paid Sick Leave and Paid Leave Salaried workers receive their equivalent daily rate.
Tipped workers get a specific protection. During paid leave or paid sick leave, your employer must pay you at least the full applicable minimum wage, not the lower tipped cash wage. The federal tipped minimum sits at just $2.13 per hour.5U.S. Department of Labor. Minimum Wages for Tipped Employees Since you aren’t earning tips while you’re home sick, the ordinance stops your paycheck from collapsing.
Leave pay is treated like regular wages for tax purposes. Your employer withholds federal income tax, Social Security, and Medicare the same way they would on any other paycheck.
Unused Leave When You Leave the Job
Unused paid sick leave does not have to be cashed out when you separate from an employer. Whether you resign or are fired, your employer owes you nothing for a banked sick-leave balance. Paid leave is different. It may be subject to payout obligations depending on your employer’s written policy or any collective bargaining agreement in place. If your workplace has a written policy promising payout of unused paid leave, that policy is enforceable. Without one, don’t count on a check for unused time.
Protection Against Retaliation
The ordinance prohibits firing, disciplining, cutting hours, or otherwise penalizing you for using your leave. That holds whether you take a single sick day or burn through your full 80-hour annual bank. Subtle retaliation counts. If your employer suddenly changes your schedule, passes you over for a promotion, or starts documenting minor performance issues right after you take protected leave, that pattern can support a retaliation claim.
Federal law adds a layer. Under the Fair Labor Standards Act, employees who complain about wage-related violations are protected from retaliation whether the complaint is oral or written, and whether it goes to the government or to internal management. Remedies for proven retaliation include reinstatement, back pay, and an equal amount in liquidated damages.6U.S. Department of Labor. Fact Sheet 77A – Prohibiting Retaliation Under the Fair Labor Standards Act
How Federal Leave Laws Fit In
If you qualify for the Family and Medical Leave Act, which requires 12 months of employment and 1,250 hours worked for employers with 50 or more employees, your employer can run FMLA leave and your Chicago paid sick leave at the same time.7U.S. Department of Labor. Fact Sheet 28P – Taking Leave from Work When You or Your Family Member Has a Serious Health Condition Under the FMLA FMLA itself is unpaid, so layering Chicago sick leave on top of it turns at least a week of that absence into paid time.
If you exhaust both your Chicago leave and your FMLA time but still can’t return to work because of a disability, the Americans with Disabilities Act may require your employer to provide additional unpaid leave as a reasonable accommodation. The ADA sets no fixed cap on leave duration; the question is whether the extension would impose an undue hardship on the employer. This protection applies to employers with 15 or more employees.
Filing a Complaint
If your employer refuses to provide leave, retaliates against you for using it, or violates any other part of the ordinance, you can file a complaint with the Chicago Department of Labor. There’s no filing fee. The city investigates complaints and can order employers to provide back pay, reinstate workers, and pay penalties.
Keep your own records. Pay stubs, written leave requests, text messages and emails about scheduling, and notes on when leave was denied or retaliation occurred all strengthen your case. Employers are required to keep accrual and usage records, but relying only on your employer’s paperwork is a gamble worth avoiding.