Recent shutdowns and other related events

The village of Rosemont and the town of Oak Forest are the latest suburban Cook County municipalities to join the village of Barrington in opting out of Cook County’s sick leave ordinance. (Both have passed ordinances replacing or repealing Cook County’s minimum wage ordinance). In rejecting Cook County’s ordinances, local officials argued that the requirements placed greater burdens on local businesses and negatively impacted their ability to compete with businesses outside Cook County. Stay tuned for further updates on whether additional suburban municipalities will follow suit (we expect Palatinate will be the next municipality to opt out) or whether the county will take legal action on the enforceability of city ordinances.

Meanwhile, on January 3, 2017, the Cook County Human Rights Commission published a notice of proposed rulemaking seeking public comment on the Cook County Sick Leave Ordinance. Specifically, the Commission is seeking comment on implementing regulations clarifying various provisions of the Act (including the provisions regarding portability and whether there should be a safe harbor provision for employers who focus on accessible sick leave benefits to begin with), model postings, and model notices that will fulfill employers’ obligations under the Ordinance. The Commission also seeks comment on potential additional topics related to the rulemaking and has promised guidance on how to file, investigate, adjudicate, and resolve complaints alleging violations of the Ordinance. Interested parties may submit written submissions by 1 February 2017. The Commission has indicated that it will submit draft regulations, notices and notifications by 1 April 2017, and intends to publish the final version of the regulations, notices and notifications by 1 June 2017, one month before the Regulation enters into force.

Finally, on January 10, 2017, the Illinois General Assembly passed a bill to amend the Illinois Employee Sick Leave Act, clarifying that the provisions of the Act apply to personal sick leave benefits that are either paid or unpaid. However, the bill now specifically excludes a long-term or short-term disability plan, insurance policy, or other comparable benefit plan or policy from the definition of “personal sick leave benefits.” In addition, the legislature now expands the list of eligible relatives for whom employees may use personal sick leave benefits to include stepchildren and domestic partners. Additionally, the bill amends the bill to allow employers to request a health care provider to verify an employee’s need for leave if such verification is required by the employer’s policy. The proposed bill amendment has been sent to Governor Rauner for his signature.