(A) Employers within the Village shall be required to provide a minimum of five (5) days of paid leave to their Full Time Employees during a 12 month period to be specified by the employer, or such greater amount of paid leave as the employer may determine. Such paid leave may be used by employees for any reason and may be in addition to or included as part of other forms of leave offered by an employer.
(B) Employers located within the Village shall comply with all applicable Federal and/or State laws and regulations as such laws and regulations may exist from time to time with regard to paid sick leave. Employee eligibility for paid sick leave shall be in compliance with all applicable Federal and/or State laws and regulations as such laws and regulations may exist from time to time; provided, however, to the extent any State law provides that such law shall not apply to any employer that is covered by a municipal or county ordinance that is in effect on January 1, 2024 that requires employers to give any form of paid leave to their employees, employers within the Village shall be required to provide a minimum of five (5) days of paid leave to their Full Time Employees during a 12 month period to be specified by the employer, or such greater amount of paid leave as the employer may determine. Such paid leave may be used by employees for any reason and may be in addition to or included as part of other forms of leave offered by an employer.
(C) No additional obligations with regard to paid sick leave of any kind imposed by any ordinance adopted by the Cook County Board of Commissioners shall apply to any employer located within the Village, the Village hereby opts out of any such ordinance(s) adopted by the Cook County Board of Commissioners, and this Chapter of Title 7 of the Village Code is declared to conflict with any such ordinance(s) adopted by the Cook County Board of Commissioners that imposes additional obligations with regard to paid sick leave.
(D) Nothing in this Section shall be deemed to affect the validity or change the terms of any collective bargaining agreements in effect on January 1, 2024.
(E) Nothing in this Section shall be deemed to prohibit any employer from providing leave in accordance with the Paid Leave for All Workers Act, 820 ILCS 192/1 et seq., if an employer elects to do so. Employers shall remain ultimately responsible for determining whether or not to provide paid leave, and how much paid leave to provide to their employees, as long as the minimum amount of paid leave required by this Section is provided. The Village shall not be responsible for any claims based on or relating to alleged non-compliance with the Act.
(F) For the purposes of this Chapter, the term "employee" means an individual permitted to work by an employer regardless of the number of persons the employer employs, and the term "employer" means any person employing one (1) or more employees, or seeking to employ one (1) or more employees, if the person has its principal place of business within the Village or does business within the Village. “Full Time Employee” means an employee who has worked for a minimum period of one (1) year and who is regularly scheduled to work a minimum of one thousand six hundred (1,600) hours per year.
(G) For the purposes of this Chapter, the term "employer" does not mean:
1. The government of the United States or a corporation wholly owned by the government of the United States;
2. An Indian tribe or a corporation wholly owned by an Indian tribe;
3. The government of the State or any agency or department thereof; or
4. Any unit of government.
(H) Violations; Enforcement: Complaints of violation of this Chapter may be filed in writing with the Director of Human Resources. The Director of Human Resources shall thoroughly investigate any such complaints, and shall decide whether prosecution is warranted. Any employer who violates the provisions of this Chapter shall upon conviction be fined according to the general penalty provisions of the Village Code and the fine schedule located in Appendix B for each such offense.
(Ord. 5193, 6-5-17; Amd. Ord. 5860, 12-18-23)