Here is everything you need to know about your paid leave rights in Chicago.

It is a little confusing, but they are officially called “paid sick and safe leave” and “paid leave.” However, to help distinguish them from one another throughout this document, they are called “paid sick leave” and “paid time off.” And when it says “paid leave,” it means both paid sick leave and paid time off.

Most employees who live in Chicago are eligible for both paid sick leave and paid time off for any reason―including part-time, full-time, and seasonal workers―as long as you work at least 80 hours in Chicago in any 120-day period. Domestic workers are also eligible, no matter their relationship with their employer.

While employees of the City and its sister agencies are eligible, other government employees are excluded from the law. And union employees covered by collective bargaining agreements are also excluded until their agreement expires.

If you work outside Chicago—in Cook County or elsewhere in Illinois—you might be eligible for different paid leave rights. Check out our state and county information for more.

For every 35 hours you work, you can earn 1 hour of paid sick leave and 1 hour of paid time off to be used in the future. Workers can earn up to 40 hours/5 paid days off a year for each type of paid leave. So, if you work 35 hours a week, you will earn 1 hour of paid sick leave and 1 hour of paid time off each week. If you work 20 hours, it will take just under 2 weeks to earn 1 hour of paid sick leave and 1 hour of paid time off.

 Your employer can also choose to give you all 40 hours/5 days for each type of paid leave up front each year, and if they do that, you can use it right away

The different types of paid leave—paid sick leave and paid time off—can be used for different reasons.

You can use paid time off for any reason. Maybe you need to take care of yourself or a friend, a relative, or a chosen family member. Maybe you want to catch your child’s school play. Maybe you want to take a vacation. No matter the reason, you can use your earned paid time off!

You can only use paid sick leave for specific reasons related to your health or the health of a family member―including a chosen family member, the care of a child whose school or daycare is closed, or if you or a family member is a victim of domestic violence or a sex offense.

You can start using your paid sick leave 30 days after you start your job and your paid time off 90 days after you start your job.

Your employer cannot retaliate against you for taking your paid leave. They also cannot make you find a replacement.

Employers can deny paid leave, but there are some limitations. Your employer has to have a written policy that governs paid sick leave and paid time off and they have to have shared that policy with you in English and any other language spoken by their employees. If they deny you paid leave, they need to do it in writing and tell you why immediately. Their reason has to comply with their pre-established written policy too, so they can’t make up a new reason why you can’t use your leave.

Your employer can require pre-approval to meet their operational needs or if you are needed because you provide a critical service to the health, safety, and wellbeing of people in Chicago. However, your employer needs to make sure that you can use the paid leave you earn each year.

If the reason you are taking your paid time off is foreseeable—like a vacation or planned appointment—your employer can require up to 7 days of notice. If you need to take either paid sick leave or paid time off suddenly or unexpectedly, your employer may require notice as soon as possible before the start of your shift. Make sure you know your employer’s policy on notice.

For paid sick leave only, your employer can require certification if you are absent for 3 days in a row.

But if you’re using paid time off, you do not have to provide any reason for your leave to your employer and they cannot require you to submit documentation, like a doctor’s note.

You can use as much as you’ve earned—up to the full 40 hours/5 days. For paid sick leave, you can use as little as 2 hours at a time. For paid time off, your employer can require you to use at least 4 hours at a time.

Both types of paid leave can be carried over, unless your employer provides all 40 hours/5days on the first day of the year (instead of accruing paid leave with each hour you work). You can carry over up to 16 hours of paid time off into the next year and up to 80 hours of paid sick leave.

Your employer does not have to pay out any unused paid sick leave, but they may have to pay you for unused paid time off. It depends on your employer’s size.

        -Employers with 1-50 employees do not have to pay out unused paid time off

        -Employers with 51-100 employees must pay out up to 16 hours of unused paid time off before July 1, 2025; after, they must pay out up to 56 hours of unused paid time off

        -Employers with more than 100 employees must pay out up to 56 hours of unused paid time off

Your employer can be more generous. They may offer more days of paid leave, allow you to use it more quickly, allow you to use it in smaller increments, etc.

The Chicago Office of Labor Standards is responsible for investigating complaints and violations. You can find more information about the law—including frequently asked questions and a complaint form—on their website.

You can find additional information about your rights under the Paid Leave for All Workers Act at SickTimeChicago.org.

The best place to find information about your responsibilities is through the relevant enforcement agencies. In Chicago, that is the Office of Labor Standards; in Cook County, the Commission on Human Rights; and in Illinois, the Illinois Department of Labor.

You’ve already done one important thing by reading through these questions—equipped yourself with information about the new laws. You can point them in the direction of this website and toward the information above for employers. And if you feel comfortable, you can share the information you’ve learned directly, and let them know that they’re violating the law.

If you believe your employer is intentionally violating the law, document any conversations you have as soon as you can, including what was said, by whom, and when. That may help if you eventually need to file a complaint.