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St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
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Employee Benefits Archives

Paid Sick Leave For Employees is Now the Law of the City of Chicago and Cook County: Is Your Company in Compliance?

To the concern of many employers, on July 1, 2017 two new ordinances went into effect in the City of Chicago and Cook County. Employers are upset to learn that they are now required to give employees paid sick days. These ordinances can be confusing; below is a synopsis of the requirements of these two new laws to guide your Company.

Final Warning to Implement Policy Changes for Minneapolis and St. Paul Sick Time / Safe Laws

In 2016, both Minneapolis and St. Paul passed city ordinances requiring private employers to provide their employees with paid sick time / safe time. These ordinances, despite opposition in the courts and in the legislature, go into effect on July 1, 2017. Many employers already provide their employees with paid time off; however, it is wrong to assume that more generous leave policys automatically satisfy these ordinances. Unfortunately, the majority of existing leave policies require modifications to fully comply with these new laws. Some of the more common areas that we have been addressing with clients, include:

Federal Court Bars Minnesota Department of Labor and Industry From Pursuing Claims for Sick Leave Benefits Against AT&T on Behalf of Union Employees Who Were Not Sick

Minnesota statutes section 181.9413 permits employees to use "personal sick leave benefits" provided by their employers, for absences due to their child's illness or injury. In essence, then, state law "rewrites" employer sick leave benefits which, not surprisingly, typically require that the employee must be sick to use the benefit. The statute permits employees to receive paid sick leave when the employee is not sick, but is absent from work to care for a sick or injured child. As a result, Minnesota law allows employees to use sick leave for purposes not intended by their employers when providing such benefits. However, when the Minnesota Department of Labor and Industry (DOLI) attempted to apply this statute to unlimited sick leave benefits provided for in a collective bargaining agreement between AT&T and a union representing some of its employees - the Communication Workers of America (CWA) - a federal judge ruled that Section 181.9413 is preempted by federal labor law. Holding that the Labor Management Relations Act preempted state law in this instance, the court permanently enjoined DOLI from bringing, or even investigating, claims against AT&T under Minnesota's sick leave statute on behalf of employees covered by the union contract.  

Legislative Update: Illinois Adopts Employee Sick Leave Act

Today, many employees face the dilemma of how to take time off from work to care for an ill family member and still be paid. Before this law, employees had to say they were sick (when they were not) in order to be off work to care for their family and still be paid. Or, the employee would have to rely on a compassionate employer who would allow the employee to use their personal sick days in this situation. Now, it will be mandated by law that paid personal sick days of the employee can be used for the illness of a family member. In August, 2016, Governor Bruce Rauner signed the Employee Sick Leave Act, effective January 1, 2017.

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