Laura Garofalo Law, LLC

Blog

Time Off, Protection for COVID Vaccination Under Chicago Rules, Illinois State Rules

Effective immediately, all Chicago workers (employees AND independent contractors!) have additional protections and rights when it comes to COVID-19 vaccinations under a new City of Chicago ordinance:

  • Employers can’t require that workers get vaccinated only during non-shift hours, regardless of whether vaccination is voluntarily sought or required by the employer.

  • Employers can’t take adverse action against a worker for taking time off during a shift to get vaccinated.

  • Employers that do not require vaccination have to provide time off for the vaccination, but they don’t have to pay for that time off.  However, they must allow workers to use any accrued or otherwise available paid sick leave or paid time off to cover that time if a worker so desires.  Employers can’t require workers to use paid sick leave or paid time off.

  • Employers that require vaccination must pay workers up to four hours for each dose, at the worker’s regular pay rate under the Fair Labor Standards Act, if the appointment time is during the worker’s scheduled work shift.  Employers can’t require workers to use paid time off or paid sick leave to cover the hours of their shift they miss.

Additional guidance may be forthcoming from the Commissioner of Public Health.

What happens if an employer violates the ordinance?

The Commissioner of Business Affairs and Consumer Protection or the Director of Labor Standards may take action against the employer through administrative hearings or court action.

Employers found to have violated the ordinance are liable for a fine between $1,000 and $5,000. 

Also, a worker subjected to a violation of the ordinance may file a civil action and recover:

  • Reinstatement to either the same position held before the retaliatory action or to an equivalent position;

  • Damages equal to three times the full amount of wages that would have been owed had the retaliatory action not taken place;

  • Any other actual damages directly caused by the retaliatory action; and

  • Costs and such reasonable attorney’s fees as a court allows.

For how long does the ordinance last?

The ordinance will end when the Commissioner of Public Health makes a written determination that the threat to public health posed by COVID-19 has diminished to the point that the ordinance can safely be repealed.

What about Illinois employees outside of Chicago?

The Illinois Employee Sick Leave Act (“ESLA”) requires that employers who offer paid sick leave benefits to employees to allow employees to use a minimum portion of that time for absences due to an illness, injury, or medical appointment of the employee’s child, spouse, domestic partner, sibling, parent, parent-in-law, grandchild, grandparent, or stepparent, for reasonable periods of time as the employee’s attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee’s own illness or injury. 

*Importantly, the law does not require employers to offer paid sick leave; it just requires employers who do offer paid sick leave to allow employees to use at least “an amount not less than the personal sick leave that would be accrued during 6 months at the employee’s then current rate of entitlement” for these reasons.

According to guidance recently issued by the Illinois Department of Labor, an “appointment to receive the COVID-19 vaccine 1st dose or 2nd dose would qualify as a permissible medical appointment for purposes of the ESLA if the employer allows the use of an employee’s sick leave benefits for purposes of vaccinations. Therefore, employers should allow the use of sick leave benefits by an employee for purposes of the employee taking a qualifying family member to receive the 1st dose or 2nd dose of the COVID-19 vaccine.”

What should Illinois employers do now?

Employers with workers in Chicago should review their policies and practices to ensure they’re in compliance with the ordinance, and all Illinois employers that offer paid sick leave benefits should review their sick leave policies to make sure they’re in compliance with the ESLA.  Employers should then train managers and Human Resources on these requirements, and ensure employees are treated consistently.

Laura Garofalo