Cook County’s draft regulations address the impact of the timing and location of work by covered employees (see section 310.300), notice of rights (see section 700.200), and the administrative enforcement process (see subpart 1020), among other issues.
Employers have faced challenges in developing workable sick leave policies given the rather vague language of both ordinances. By way of example, the Cook County ordinance is unclear as to the total number of carryover hours to which a covered employee is entitled, how those hours are to be apportioned, and how the carryover provisions impact employers that decide to frontload earned sick leave hours for covered employees. In section 400.600, the draft regulations attempt to clarify these issues by providing a complicated process for calculating the amount of carryover for covered employees of covered employers subject to the FMLA and the conditions for using that carryover time (see section 400.600). Section 600.300 of the draft regulations states that as an alternative to accrual and carryover, employers subject to the FMLA may comply with the ordinance by frontloading 60 hours of earned sick leave for use as permitted by the ordinance and 40 hours of earned sick leave for use as FMLA leave. As a practical matter, it is still unclear how these regulations are to be administered.
Employers are encouraged to send written comments on the proposed rules to the commission. Comments are due by May 8, 2017, or when the commission votes to adopt final rules, whichever is later.
Ms. Manjarrez is an attorney in the Chicago office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., where she assists management in a variety of labor and employment matters. Prior to joining Ogletree Deakins, Ms. Manjarrez practiced at a business services law firm, where she represented management in matters including enforcement of collective bargaining agreements and defended allegations of disability discrimination, retaliatory discharge, sexual harassment, and violation of wage and...