The Chicago Paid Leave and Paid Sick and Safe Leave Ordinance is a new law which replaces the existing paid sick leave law in Chicago. It provides both paid time off that can be used for any reason, as well as separate paid sick and safe leave. The new ordinance is effective July 1, 2024.
Accrual
Crewmembers accrue 1 hour of paid leave and 1 hour of paid sick leave for every 35 hours worked in Chicago. Accrual begins on the first day of the crewmember’s first assignment, or the law’s effective date, July 1, 2024, whichever is later. Crewmembers may accrue up to 40 hours of paid leave and 40 hours of paid sick leave per anniversary year.
Anniversary Year
The year used to determine accrual, usage, and carryover is measured by the current calendar year beginning each year on January 1 and ending on Dec 31.
Usage and Carryover
Crewmembers may use up to the amount of paid leave and paid sick leave that they have available. Unused paid leave, up to 16 hours, and unused paid sick leave, up to 80 hours, carries over to the following year at the crewmember’s anniversary date.
Waiting Period to Use Leave
Usage of paid leave may begin 90 calendar days after the first day of the crewmember’s first assignment. Usage of paid sick leave may begin 30 calendar days after the first day of the crewmember’s first assignment. During this waiting period, crewmembers will accrue paid leave and paid sick leave, but may not use it until after the waiting periods.
Incremental Use
Crewmembers must use paid leave in a minimum increment of 4 hours per day when using leave, unless their available balance is below the 4-hour incremental amount. Crewmembers must use paid sick leave in a minimum increment of 2 hours per day when using leave, unless their available balance is below the 2-hour incremental amount.
Acceptable Reasons to Use Leave
Paid Leave: Crewmembers may use paid leave for any reason and are not required to provide a reason when submitting their request to use their time.
Paid Sick Leave:
Sick Time
Illness, injury, or receipt of professional care (including preventive care, diagnosis, or treatment, for medical, mental, or behavioral issues, including substance use disorders) of / by the crewmember or covered relation for whom the crewmember must provide care
Safe Time
Crewmember or covered relation is the victim of domestic violence, a sex offense, or trafficking, and the crewmember must care or assistance for themselves or their covered relation
Other Time
Crewmember’s place of business is closed by order of a public official due to a public health emergency
Care for a covered relation whose school, class, or place of care has been closed
Crewmember obeys an order issued by the mayor, governor, city public health department, or a treating healthcare provider, requiring the crewmember to:
stay at home to minimize the transmission of a communicable disease
remain at home while experiencing symptoms or sick with a communicable disease
obey a quarantine or isolation order issued to the crewmember
Covered relation is ordered to quarantine and the crewmember must care for them
Notice to Request Leave
Crewmembers must contact Bluecrew Support to request use of paid leave or paid sick leave through the in-app Help Feature.
Paid Leave:
The crewmember must provide their request at least 7 calendar days prior to the date they want to use paid leave
The crewmember must make a reasonable effort to schedule their paid leave in a manner that does not unduly disrupt the employer's operations.
If the crewmember fails to submit the request at least 7 calendar days prior to the day off, it will be denied.
Paid Sick Leave:
When foreseeable (e.g. doctor’s appointment made in advance, court dates for domestic violence cases)
The crewmember must provide at least 7 calendar days’ notice before leave is taken.
When unforeseeable (e.g. unexpected illness or injury)
The crewmember must make a good faith effort to notify the employer as soon as is practicable on the day the crewmember intends to take leave.
Documentation Requirements
For paid leave, documentation is not required as a condition of using available time. For paid sick leave, documentation that the reason for leave was for a covered purpose under the law is required after using time for 3 consecutive workdays.
Unused Leave at Separation
Unused paid leave accrued by the crewmember under the Chicago ordinance will be paid out at termination, transfer outside of Chicago, or after 60 days of not selecting a new assignment in the Bluecrew app. Unused paid sick leave will not be paid out at separation or assignment end.
Misuse of Leave
Bluecrew may take disciplinary action, up to and including termination, against a crewmember who uses this paid leave or paid sick leave for purposes other than those provided for under the law, for dishonesty, or for other leave-related misconduct.
Employee Complaint Rights
Employees have the right to file a complaint with the Chicago Office of Labor Standards against an employer who retaliates or discriminates against the crewmember for requesting and/or using paid leave or paid sick leave.
Contacts
Contact Bluecrew Support by tapping Help in the Bluecrew app.
Resources