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Paid Leave in Cook County: What Owners Track
The Cook County Paid Leave Ordinance has employers let workers earn paid leave for any reason. It took effect December 31, 2023; enforcement belongs to the Cook County Commission on Human Rights. It reaches work in Cook County outside Chicago, which has its own law, and outside suburbs that lawfully preempted it. Our checklist is the Sandglass Leave-Bank Pass, below.
The short version
- Employees earn 1 hour of leave for every 40 hours worked, with a 40-hour yearly minimum (pro rata for part-timers). After 90 days, the leave can be used for any reason. Employers of any size are covered.
- Chicago has its own ordinance at 1 hour per 35; workplaces in DuPage, Kane, Will and Kendall generally follow the state statute, the Paid Leave for All Workers Act.
- Each violation carries a penalty of $500 to $1,000 for every affected employee, and a court may award triple the unpaid leave.
Who it covers
| Group | Covered? | Note |
|---|---|---|
| Employers | Any size | Staff who work part-time, seasonally or through a temp agency count; school and park districts are covered from January 1, 2025 |
| Employees | Paid work in Cook County | The Commission looks for 50 percent of paid work there; contractors out except domestic workers |
| Chicago, opted-out suburbs | Other laws | We found no County list of opted-out towns |
The numbers
| Item | Amount | Year |
|---|---|---|
| Accrual, Cook County outside Chicago | 1 hour for each 40 worked; 40-hour yearly minimum | From Dec. 31, 2023 |
| Civil penalty | $2,500 per separate offense may apply, not for notice violations | Current |
| Time to file or sue | 3 years | Current |
Source: Cook County Code, Chicago and Illinois law
The Sandglass Leave-Bank Pass
- Sort each site: Chicago, a Cook suburb, an opted-out suburb, or elsewhere in Illinois.
- Choose accrual or front-loading and write it down.
- Post the notice and hand out the written policy at hire and yearly.
- Keep a ledger of hours worked, leave earned, used and the balance.
- Note which bank holds the time; only a PTO or vacation bank is paid out at separation.
What it means for year-round planners
- Leave is paid at the regular rate through payroll, so the ledger should tie to payroll; see small business basics.
- Calling an employee a contractor to avoid the ordinance can double the penalties.
- A multi-site owner follows each site's own law.
Mistakes people make
- Demanding a reason, a note from a doctor or a replacement worker first.
- Counting leave as an attendance point under a no-fault policy.
- Assuming an old sick-leave opt-out still protects a suburb; it does not carry over.
The validity of a suburb's opt-out, a Commission complaint or audit, and a union-contract waiver are matters for an attorney.
Common questions
Is it a sick-leave law?
No. Since December 31, 2023 it provides leave for any reason.
My office is in DuPage County. Which law applies?
DuPage, Kane, Will and Kendall workplaces generally fall under the Illinois statute, which also uses 1 hour per 40. Staff who do at least half their paid work in Cook County may still be covered by the ordinance.
Is leave paid out at separation?
Only if it was credited to a PTO or vacation bank.