Recent amendments to the Cook County Paid Leave Ordinance’s procedural rules introduce new requirements that employers must adhere to related to accruals, a written policy, notice requirements, rate of pay calculations, and interaction with the federal Family and Medical Leave Act (FMLA). These changes took effect immediately as of October 2024.
Background on Paid Leave
As of December 31, 2023, the Cook County Paid Leave Ordinance requires that all employers with employees in Cook County provide those employees with at least one (1) hour of paid leave for every forty (40) hours worked which can be used for any reason. The Cook County Paid Leave Ordinance does not require the creation of a new type of leave for employers. It establishes the floor or minimum amount of paid time off employees in Cook County are entitled to. Additional details including frequently asked questions (FAQs) on Paid Leave requirements are available on the Cook County Paid Leave Ordinance and Regulations webpage.
Amendment Highlights
Key highlights of the changes and employers’ considerations include:
- Accrual of Paid Leave During Leave. Employees will continue to accrue paid leave even while they are using it. However, paid leave is still not considered “hours worked” for overtime calculation purposes.
- Mandatory Written Paid Leave Policy. Employers must maintain a written policy outlining the specifics of their paid leave offering. The policy must include information on accrual rates, permissible uses, employee rights, and contact information for the Cook County Commission on Human Rights and may be included in the Employer’s Handbook or as a standalone notice.
- Notice to Remote Workers. Employers must provide remote workers with a copy of the County-issued Workplace Poster, informing them of their rights under the ordinance. This method could include email, an online portal, or a company intranet.
- Paid Leave Calculation for Multiple Rates of Pay. Employers must choose between calculating paid leave based on the average hourly rate or the greater of the minimum wage and the lowest hourly rate.
- FMLA Precedence. FMLA rules and regulations, including notification requirements, will supersede the Ordinance’s rules. Employers may now require FMLA-eligible employees to exhaust their accrued paid leave before taking unpaid FMLA leave.
Next Steps for Employers
To ensure compliance with these changes, employers should:
- Review and Update Policies. Update employee handbooks and policies to reflect the new requirements. Ensure that the written paid leave policy complies with the ordinance’s provisions.
- Audit Paid Leave Accruals. Audit any accruals where employees may have taken paid leave from October 24 to the present to ensure that paid leave was accrued during these times.
- Train Employees. Provide training to human resources personnel and managers on the new rules and how to administer the paid leave policy.
- Communicate with Employees. Inform employees about the changes to the ordinance and how they impact their paid leave benefits.
- Review and Update Payroll Systems. Ensure payroll systems can properly calculate paid leave accruals and rate of pay when leave is taken.
- Consult with Legal Counsel. Seek legal advice to ensure compliance with the ordinance and other applicable laws.
