Takeaways

  • Chicago’s updated rules (effective 06.01.26) clarify key aspects of its Paid Leave and Paid Sick and Safe Leave Ordinance, including compliance options, certification rules, and limits on sick leave use.
  • The updated rules expand and define permissible uses and confirm employers may use a combined PTO policy if it meets accrual, carryover, and other requirements.
  • They also address areas such as discipline for misuse and joint employer and successor liability.

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Chicago’s Paid Leave and Paid Sick and Safe Leave Ordinance requires employers to provide covered employees with up to 40 hours of Paid Leave that can be used for any reason and up to 40 hours of Paid Sick Leave annually. The City of Chicago’s updated Paid Leave and Paid Sick and Safe Leave Ordinance rules provide employers with important clarification effective June 1, 2026.

Childcare Closures

The Ordinance allows covered employees to take Paid Sick Leave when their child’s “place of care” has an unscheduled closure. The updated rules clarify that a “place of care” includes informal caretaking arrangements (e.g., home babysitters and family members who supervise children).

Combined Paid Leave and Paid Sick Leave Policies

The updated rules explicitly authorize employers to maintain a single bank of paid time off (PTO) in lieu of maintaining separate banks so long as the employer’s policy allows covered employees to accrue up to 80 hours of paid time off and meets all other Ordinance requirements.

The technical requirements of the Ordinance can make it difficult for employers to meet all obligations with a combined PTO policy.

Discipline for Abuse of Paid Sick Leave

When a covered employee takes Paid Sick Leave for reasons other than provided by the Ordinance, or otherwise abuses the use of Paid Sick Leave, the updated rules clarify that employers may take disciplinary action, up to and including termination, against the employee. Examples of abuse that may be subject to discipline include patterns of taking Paid Sick Leave:

  • Unscheduled, on or adjacent to weekends, holidays, vacation days;
  • On a day when a previous request to use a different type of leave was denied; and
  • To avoid performing duties perceived as undesirable

Employers should carefully evaluate the circumstances before taking disciplinary action against employees.

Joint Employment

The updated rules confirm that joint employers are both individually and jointly responsible for compliance with the Ordinance. Additionally, if an employee is jointly employed by more than one other employer, each employer must count that employee for the purposes of any coverage threshold defined in the Ordinance, such as for payout obligations upon separation of employment.

The updated rules define joint employment as “…when the essential terms and conditions of an [e]mployee’s work are controlled by two or more entities” and note that joint employment may occur when employers use temporary staffing agencies or professional employer organizations.

Employers should evaluate their business relationships with other entities that could be considered joint employers and consult with counsel.

Sale or Transfer of a Business

When employees are transferred to a successor employer after a merger or acquisition, the updated rules provide that employees must retain any accrued and unused Paid Leave and Paid Sick Leave. Failure to comply may result in liability for both the original and successor employer.

Employers should consider the interplay of this requirement with any Illinois Wage Payment and Collection Act obligations. Determining how to approach paid time off for transferred employees, for instance, can be especially complex.

Other Changes

The updated rules also provide that:

  • Employers may allow employees to use Paid Sick Leave for purposes the Ordinance does not provide.
  • For employees who are non-exempt under the Fair Labor Standards Act (FLSA), Paid Leave and Paid Sick Leave time is accrued based on all hours worked, including overtime hours. Exempt employees may accrue Paid Leave and Paid Sick Leave based on a maximum 40-hour work week. Employers are prohibited from requiring an employee using Paid Sick Leave to appear in person at a worksite or administrative office.

If you have any questions or need assistance, please contact a Jackson Lewis attorney.

Pennsylvania’s Allegheny County Board of Health has unanimously approved seeking public comment on a proposal to expand Allegheny County’s Paid Sick Leave rules and to adopt paid parental leave obligations for employers.

The public comment period will remain open for at least 30 days, to June 12. A public hearing is scheduled for June 2, 2026, at 5:30 p.m.

Proposed Paid Parental Leave

Currently, Pennsylvania does not provide any statewide paid parental leave. Allegheny County’s Board of Health proposes amending the Allegheny County Health Department’s Rules and Regulations to require employers to provide all employees working in Allegheny County with up to 18 weeks of paid parental leave after the birth, adoption, or legal placement of a child, regardless of the size of their employer. As proposed, parental leave can be taken anytime within 18 months of the qualifying event.

To be eligible for parental leave under the proposed amendment, an employee must have been employed for more than 30 days prior to the leave.

Under the proposal, parents would be eligible to take the parental leave, even if both spouses or domestic partners take it concurrently with the same employer. During their leave, employees would be entitled to receive their regular pay and benefits from their employer. The leave would be concurrent to leave taken under other leave laws, including the Family and Medical Leave Act.

Proposed Expansion to Existing Sick Leave

The proposed amendment would also expand the County’s existing paid sick leave law. If passed, employers with up to 25 employees (who were not previously covered) would be covered by the paid sick leave law. The accrual rate would increase for the newly covered employers as well as those previously covered.

If passed, employees would be able to earn one hour of leave per 30 hours worked, which is an increase from the previous rate of one hour of leave per 35 hours worked. In addition, the rules related to carrying over unused leave would change. An employee would be permitted to carry over unused time as follows:

Employer SizeCurrent5.13.26 Proposal
≤ 15 employeesN/A48 hours/year
15–25 employeesN/A48 hours/year
≥ 26 employees40 hours/year  72 hours/year

The proposed amendment leaves certain things unchanged. For example, the amendment would cover employees, not independent contractors, seasonal workers, and other similar categories. Moreover, an employer subject to a collective bargaining agreement that provides sufficient sick leave that can be used under the same terms would not be required to provide additional sick leave.

Next Steps

Employers may consider providing feedback on the proposal. After the comment period, the Allegheny County Council will vote on the final rule. If the final rule is approved, then it will go into effect 180 days after the county executive signs it.

If you have questions or would like assistance submitting comments, please reach out to the Jackson Lewis attorney with whom you regularly work or any member of our Leave and Accommodation team.

The DOJ recently extended the deadline for states and local governments to comply with its web accessibility rule under Title II of the Americans with Disabilities Act. Read more about these requirements, the deadlines, and similar requirements for recipients of federal funding from the Department of Health and Human Services. DOJ Extends Public Entities’ Compliance Deadline for ADA-Related Website Accessibility, But HHS’s May 2026 Deadline Still Looms – Jackson Lewis

On April 13, 2026, Governor Spanberger proposed amendments to bills that would expand paid sick leave to nearly all Virginia employees, establish a statewide paid family and medical leave insurance program, and address workplace accommodations related to menopause and perimenopause. The General Assembly will reconvene on April 22 to consider the Governor’s proposed amendments.

Virginia Paid Sick Leave Expansion

Virginia is on the verge of expanding paid sick leave to cover all employees, beyond home health care workers. However, rather than signing the bill as passed, Governor Spanberger proposed amendments to HB 5 that, among other things, clarify key definitions—including “employee” and “family member”—address leave advances, and expand the permissible uses of leave to include an employee’s need for preventive medical care.

Paid Family and Medical Leave Insurance Program

Governor Spanberger also proposed amendments to SB 2, which would establish a statewide paid family and medical leave insurance program. These amendments, among other things, clarify the definition of a “family member,” expand the definition of “safety services,” and clarify certification and job restoration requirements.

Menopause and Perimenopause Accommodations Under the VHRA

Finally, Governor Spanberger proposed a substitute bill that would eliminate the language in HB 1173 adding menopause and perimenopause as protected categories under the Virginia Human Rights Act (VHRA) and requiring related workplace accommodations. Instead, the proposed substitute bill directs the Commissioner of Labor and Industry to conduct a study on menopause and perimenopause in the workforce.

Jackson Lewis attorneys will closely monitor how the Virginia General Assembly responds to the Governor’s proposals when it reconvenes later this month. If you have questions about what these developments may mean for your business, please contact a Jackson Lewis attorney.

(Law graduate Nina Bundy contributed to this article.)

In the current environment, understanding employers’ compliance obligations under the Uniformed Services Employment and Reemployment Rights Act (USERRA) is more important than ever. Our colleagues provide important guidance here: Heightened Military Engagement: Unpacking Employers’ USERRA Responsibilities – Jackson Lewis

Amendments to New York City’s Earned Safe and Sick Time Act expanded employee leave rights effective 02.22.26. Our New York colleagues provide insights about what these amendments mean for employers and get you up to date on the Department of Consumer and Worker Protection recent FAQs, model forms, and notice here: NYC’s Amended ESSTA: Expanded Employee Time Off Rights Businesses Need to Know – Jackson Lewis

The EEOC recently published an FAQ-style technical assistance document addressing telework accommodations for federal employees with disabilities. Read more about what lessons this offers to private sector employers: EEOC’s Recent FAQs for Federal Sector Agencies Regarding Remote Work for Disabled Employees: How Do These FAQs Impact Private Employers? – Jackson Lewis