Chicago’s sick leave ordinance, in effect since July 1, 2024, gives most people who work inside city limits two separate banks of paid time off: general paid leave you can use for any reason, and paid sick and safe leave for health and safety situations. Each bank accrues at one hour for every 35 hours worked and caps at 40 hours a year, so a full-time worker can build up to 80 hours of protected time off annually.1City of Chicago. Chicago Paid Leave and Paid Sick and Safe Leave Ordinance The rules that follow cover who qualifies, when you can use the time, what you get paid, and what to do if your employer pushes back.
Who Qualifies
You are covered if you work at least 80 hours within any 120-day period while physically present in Chicago.2City of Chicago. Chicago Paid Leave and Paid Sick and Safe Leave Rules Once you cross that threshold, you stay covered for the rest of the job. Full-time, part-time, and temporary workers all count. So does an employee of a company headquartered elsewhere, as long as the actual work happens in the city.
Nannies, home caregivers, and other domestic workers are covered no matter how small the household that employs 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 Workers just passing through the city during travel generally won’t hit the threshold.
Genuine independent contractors are not covered. If your employer controls when, where, and how you work, you’re likely an employee under federal labor law’s economic-reality test regardless of what your contract calls you.
How the Two Leave Banks Work
The most misunderstood part of the ordinance is that it creates two separate banks that accrue at the same time. For every 35 hours you work, you earn one hour in each bank, starting on your first day.3City of Chicago. Paid Leave and Paid Sick Leave Each bank caps at 40 hours of accrual per 12-month period.1City of Chicago. Chicago Paid Leave and Paid Sick and Safe Leave Ordinance
Paid leave is general-purpose. You can use it for any reason at all, and your employer cannot ask you why. Paid sick leave is reserved for health and safety situations described in the next section.
When You Can Use Sick Leave
Sick leave covers illness, injury, and medical appointments, including preventive care like checkups and vaccinations, for you or a family member. The ordinance defines family member broadly: children, parents, spouses, domestic partners, siblings, grandparents, grandchildren, and legal guardians.
The “safe leave” side covers domestic violence, sexual assault, and stalking situations. You can use the time for court proceedings, counseling, relocating to a safer place, or other steps to protect yourself or a family member.
Sick leave also applies when a public official orders your workplace closed, or your child’s school or daycare closed, because of a public health emergency.
Carryover and Front-Loading
Unused sick leave carries over from year to year, up to a total of 80 hours in the bank at any given time.1City of Chicago. Chicago Paid Leave and Paid Sick and Safe Leave Ordinance That cushion is meant to protect workers who face a prolonged illness or recurring treatment.
Paid leave carries over only up to 16 hours if the employer uses the standard accrual method.1City of Chicago. Chicago Paid Leave and Paid Sick and Safe Leave Ordinance Employers can skip the carryover math by front-loading the full 40 hours of either bank at the start of the benefit year, and many do.
Notice Your Employer Can Require
For planned time off, such as scheduled surgery, an employer can require up to seven days of advance notice. When something comes up unexpectedly, you just need to let your employer know as soon as reasonably possible. Check your workplace’s call-in procedure so you know how to give notice properly.
Documentation can be requested only after you’ve been out more than three consecutive workdays. A doctor’s note works for medical leave. For safe leave, a police report, court order, or signed statement from a victim services counselor is enough.
Your employer cannot demand that the documentation describe the specific nature of your illness or injury. A note confirming you needed medical attention satisfies the rule.
What You Get Paid
You get your normal hourly rate while using either type of leave, paid on 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 get 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 so the difference matters. You aren’t earning tips while you’re home, and the ordinance keeps your paycheck from collapsing because of that.
Unused Leave When You Leave the Job
Unused sick leave does not have to be cashed out when you separate. Your employer owes you nothing for a banked sick-leave balance whether you resign or get fired. Paid leave is different. It may be subject to payout depending on employer policy or a collective bargaining agreement. If your workplace has a written policy promising payout of unused paid leave, that promise is enforceable. Without one, don’t count on a check.
Retaliation Protections
Your employer cannot fire, discipline, cut your hours, or otherwise penalize you for using either bank of leave. Subtle retaliation counts. A sudden schedule change, a skipped promotion, or a pattern of newly documented “performance issues” right after you take protected leave can all support a retaliation claim.
Federal law adds a backstop. Under the Fair Labor Standards Act, workers 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 management internally. Proven retaliation can bring 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
Overlap With FMLA and the ADA
If you qualify for the federal Family and Medical Leave Act (12 months of employment, 1,250 hours worked, employer with at least 50 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 turns at least a week of that absence into paid time.
If you use up both your Chicago leave and your FMLA time but still can’t return 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 length; the question is whether the extension would be an undue hardship. This applies to employers with 15 or more employees.
How to File a Complaint
If your employer refuses leave, retaliates against you for using it, or breaks any other part of the ordinance, you can file a complaint with the Chicago Department of Labor. There is no filing fee. The city investigates and can order back pay, reinstatement, and penalties.
Keep your own records. Pay stubs, written leave requests, texts or emails about scheduling, and notes about when leave was denied or retaliation started will all make your case easier to prove. Employers are required to keep accrual and usage records, but you don’t want your case resting entirely on paperwork controlled by the person you’re complaining about.