Paid Leave Ordinance and Regulations
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Cook County Paid Leave Ordinance
Cook County Paid Leave Ordinance
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.
If, as an employer, you currently provide vacation, paid time off, or personal days that meet or exceed the time required by the Ordinance, you do not have to provide additional time. Employers who are not providing paid leave or providing fewer than 1 hour of leave for every 40 hours worked are required to bring the amount of leave in vacation, paid time off, or personal days up to the rate of accrual outlined in the Ordinance.
This is the certified version of the Cook County Paid Leave Ordinance (No. 24-0583) passed by the Cook County Board of Commissioners on December 14, 2023:
Paid Leave Ordinance (Municode)
Paid Leave Ordinance (PDF)
Paid Leave Ordinance Amendment - Approved 3/14/2024
This is a checklist to support employer compliance with the Cook County Paid Leave Ordinance:
Paid Leave Ordinance Employer Checklist
Paid Leave Guidance for School Districts - Updated 1/10/2025
Paid Leave Ordinance Procedural Rules and Regulations
On March 14, 2024, the Commission adopted and the Board of Commissioners approved the interpretative and procedural rules for its enforcement of the Cook County Paid Leave Ordinance.
On October 24, 2024, the Cook County Board of Commissioners approved amendments to the Cook County Paid Leave Procedural Rules. The Commission on Human Rights values its role as the enforcement agency of the Cook County Paid Leave Ordinance and, as called on by the Board of Commissioners, has worked diligently since March to listen, receive feedback, and search for solutions to concerns raised by Park and School Districts. From May to July 2024, the Commission hosted seven Park and School District Paid Leave Town Halls, with 120 Park and School Districts representatives in attendance.
Cook County Paid Leave Ordinance Substantive and Procedural Rules - Approved 10/24/2024
Cook County Paid Leave Ordinance Substantive and Procedural Rules - Approved 10/24/2024 Redlined
Additionally, the Commission on Human Rights solicited public comment on the proposed rules and continued to respond to individual inquiries regarding the Paid Leave Ordinance. The Commission received 58 public comments on the proposed amendments to the Procedural Rules and has received 574 Paid Leave-related inquiries since December 1, 2023.
At the link below is:
A list of all Park and School Districts that attended town hall meetings to express questions and concerns regarding the Procedural Rules, and
All public comments submitted to the Commission on Human Rights regarding the Procedural Rules.
Please note that inclusion in the list below does not indicate support or lack thereof of the Procedural Rules. You can review individual comments, which are not associated with Town Hall attendees, using the link below.
Paid Leave Town Hall Attendees and Public Comments
Response to Public Comments to Proposed Amendment to Cook County Paid Leave Procedural Rules
Frequently Asked Questions (FAQs)
This is a compilation of Frequently Asked Questions (FAQs) regarding the Cook County Paid Leave Ordinance.
FAQs should not be considered a substitute for the appropriate official documents (i.e. statute and/or administrative rules). Individuals are urged to consult legal counsel with legal questions. The Commission cannot provide individuals with legal advice. These FAQs are non-binding, not to be considered complete, and do not relieve employers from complying with applicable laws and regulations.
These responses are not binding on the Commission in an enforcement action related to the Ordinance. To the extent that these responses conflict with the Ordinance or the Rules, the Ordinance and the Rules are more authoritative and will prevail.
- [1] When does the Cook County Paid Leave Ordinance (“Paid Leave Ordinance”) go into effect?
- [2] Does the Paid Leave Ordinance apply to part-time employees?
- [3] My company already offers employees 40+ hours of paid leave. Does my policy need to comply with the other requirements of the Paid Leave Ordinance?
- [4] What does this ordinance mean for temporary employees who work for Third-party clients?
- [5] Must paid leave provided under the Paid Leave Ordinance be paid out upon an employee’s termination, resignation, retirement, or other separation?
- [6] If a municipality opted out of the Earned Sick Leave Ordinance, is it required to comply with the Paid Leave Ordinance?
- [7] How does the Paid Leave Ordinance impact local governments with police and fire personnel, and other employers with concerns about coverage?
- [8] Can I deny an employee’s use of paid leave under this ordinance?
- [9] At what increment can employees use paid leave under this ordinance?
- [10] Can an employer frontload paid leave time at the beginning of the year?
- [11] When does accrual begin under the ordinance? When can employees start taking paid time off?
- [12] How does accrual apply to employees who work more than 40 hours in a week, but are exempt from the overtime requirements of the federal Fair Labor Standards Act?
- [13] Since the Paid Leave Ordinance replaced the Earned Sick Leave Ordinance on 12/31/23, for employees that have accrued sick time balances, do they lose their accrued sick balance and then need to accrue paid leave to use? Are employers required to convert their sick balances to their paid leave balance?
- [14] If an employer front-loads an employee’s paid leave at the beginning of the 12-month period, and the employee uses all their paid leave and then quits before the end of the 12-month period, can the employer make the employee repay the paid leave?
- [15] How can an employer track the time required under this ordinance, versus other benefit time given to the employee?
- [16] How does carry over, also known as “roll over,” work under this ordinance?
- [17] What rate of pay do we use to pay our tipped employees if they use a day of paid leave?
- [18] Is there a difference between “vacation,” "paid time off (PTO),” and paid leave required under this Ordinance?
- [19] How will the Paid Leave Ordinance interact with the Family and Medical Leave Act of 1993 (FMLA)?
- [20] How does the Paid Leave Ordinance interact with other unpaid leave protections?
- [21] When will Cook County have rules in place for this ordinance?
- [22] The Paid Leave Ordinance states that accrued time must be provided at a rate of 1 hour paid leave for every 40 hours worked. Can an employer provide paid leave on an hourly rate, such as .025 hours of paid leave per hour worked?
- [23] I work in the City of Chicago, does the Cook County Paid Leave Ordinance apply to me?
- [24] I work outside of Cook County, somewhere else in Illinois, does the Cook County Paid Leave Ordinance apply to me?
- [25] Can staff of the Commission give individual legal advice or render advisory opinions to individual employers?
- [26] What are some examples of violations of the Paid Leave Ordinance?
- [27] If an employee receives differential pay, what is the rate of pay required by the Cook County Paid Leave Ordinance?
- [28] Can an employer choose to pay out earned paid leave at the end of a 12-month period instead of rolling it into the following year?
- [29] How does the Paid Leave Ordinance interact with Collective Bargaining Agreements?
- [30] How does the Paid Leave Ordinance interact with Collective Bargaining Agreements executed by Park and School Districts between January 1, 2024 and December 31, 2024?
- [31] How does the Paid Leave Ordinance apply to employees with multiple job codes and/or who work for various rates?
- [32] How does the Cook County Paid Leave Ordinance apply to employers operating in multiple municipalities, where some municipalities follow the ordinance and others do not?
Paid Leave in Cook County, City of Chicago, Illinois
If you have questions about where you should file a complaint for violations of paid leave, please refer to the Paid Leave Jurisdictions Comparison Chart linked below. This chart provides an overview of the paid leave ordinances at the City of Chicago, Cook County, and State of Illinois, and is also available in the Downloads section.