Cook County has issued amendments to the Paid Leave Ordinance Procedural Rules. These updates, effective as of April 10, 2025, provide further clarity on employee rights and employer obligations regarding paid leave accrual, usage, and enforcement. Employers with operations in Cook County should review these changes carefully to ensure continued compliance.
Highlights of the amendments include:
- No Accrual of Paid Leave While Using Paid Leave: The amended rules confirm that employees do not accrue additional paid leave hours when they are actively using paid leave under the ordinance. In other words, the accrual of new paid leave time only occurs when employees are working, not when they are taking leave.
- Clarifications on Paid Leave Payment Timing: The amended rules clarify that employers must now pay employees for wages earned during paid leave no later than the next regular payroll period following the employee’s use of leave.
- Clarification on Voluntary Additional Benefits During Statutory Paid Leave: The amended rules clarify that employers are not required to provide additional benefits when employees are using statutory paid leave. However, if an employer elects to offer additional benefits during such leave, such as continued paid leave accrual, seniority accrual, or health benefit contributions those benefits must be administered in the same manner and to the same extent as if the employee had performed regular work.
- Clarification on Use of Paid Leave During Disciplinary Suspensions: The amended rules clarify that employers may not require employees to use paid leave when they have been suspended or placed on leave for disciplinary reasons. However, if an employer’s paid leave policy permits employees to voluntarily use paid leave during a disciplinary suspension, the employee may choose to use their accrued paid leave for some or all the disciplinary leave period.
Next Steps for Employers
Employers in Cook County must immediately update their paid leave policies and procedures to reflect the amendments. Key changes include no leave accrual while using paid and payment for leave no later than the next regular payroll.
Employers should also review and adjust policies on voluntary additional benefits and the non-requirement of using paid leave during disciplinary suspensions, ensuring clear communication and training for staff.
