News

Dental offices operating in Chicago will need to start following the city’s new paid leave rules on July 1 that require five days of sick leave and five days of personal leave for all workers who put in at least 80 hours in a 120-day period.

The rule’s launch had been pushed back from the start of the year to July 1 after the City Council amended an ordinance that it approved in early November.

The ordinance was opposed by the Chicagoland Chamber of Commerce, the Illinois Health and Hospitals Association and the Illinois Restaurant Association among others, who argued the economic impact would hurt smaller businesses and those with worker shortages.

In mid-December, following direction from the Chicago Dental Society Board of Directors, then-CDS President Dr. Michael Durbin sent Chicago Mayor Brandon Johnson and city aldermen a letter outlining concerns about the law’s impact on smaller dental offices.

Dr. Durbin pointed out that CDS supports fairness of paid leave and paid sick time for all employees but there are “strong concerns” and requested that the ordinance be modified to exempt employers with fewer than 25 employees.

Dr. Durbin wrote that the ordinance “challenges the ability of our dentists and small businesses owners who manage small staff count to maintain and staff their dental offices to operate and maintain oral health care and patient safety.” The ordinance was not modified.

The mayor’s office provided a synopsis of the new leave ordinance:

Under the Paid Leave requirements:

• Employees accrue at a rate of 1 hour of paid leave for every 35 hours worked (up to 40 hours in a 12-month period)
• Employees must be allowed to use accrued paid leave no later than on the 90th day following the commitment of employment
• Employees can carry over up to 16 hours between 12-month periods (if paid leave is not front-loaded).
• Employees can use paid leave for any reason

Under the Paid Sick and Safe Leave requirements:

• Employees accrue at a rate of 1 hour of sick leave for every 35 hours worked (up to 40 hours in a 12-month period)
• Employees must be allowed to use accrued sick leave no later than on the 30th day following the commitment of employment
• Employees can carry over up to 80 hours between 12-month periods
• Employees can use paid sick leave for medical and safety reasons

The ordinance is regulated by the Chicago Department of Business Affairs and Consumer Protection Office of Labor Standards, that offers webinars, FAQs and more information on the law.

The state and Cook County also have new paid leave regulations, both of which went into effect at the start of the year. Both laws allow an employee to use paid leave “for any purpose.”

The Cook County ordinance, which is like the state’s Paid Leave for All Workers Act, affects employers in the county but outside of Chicago. Both entitle employees to up to 40 hours of paid leave in a 12-month period accrued at a one hour per 40 hours worked rate.

Employers can frontload 40 hours of paid leave for workers instead of following an accrual method. Specifics on carryover are still being developed.

DuPage and Lake counties do not have statutory authority to legislate such labor regulations so dental offices in those counties need to follow the state rules.

July 1 is also the date when Chicago’s minimum wage rates change.

The minimum wage for Chicago employers is now $16.20 per hour and is no longer tiered for large and small businesses.