On April 21, 2021, the City of Chicago passed an ordinance prohibiting Chicago employers from: 1) retaliating against workers who receive the COVID-19 vaccine during working hours; and 2) requiring that workers receive the COVID-19 vaccine only during non-working hours. The Ordinance took effect immediately.

The Ordinance applies to all employers in Chicago who engage the services of at least one individual for payment. Worker is defined as an individual that performs work for an employer, including as an employee or as an independent contractor.

Unless the employer mandates the vaccine, time off need not be paid, however, the employer must allow the worker to use any available paid sick leave or paid time off.

If the employer has a mandatory COVID-19 vaccine policy, the employer must compensate the worker for time spent receiving the vaccine, up to four hours per dose (notably, the employer cannot require that the employee use available sick leave or paid time off to satisfy this obligation).

The Commissioner of Business Affairs and Consumer Protection or the Director of Labor Standards may take action against an employer for violating the ordinance. The employer could be liable for a fine of between $1,000.00 and $5,000.00.In addition, a worker subjected to an adverse employment action for taking time out of the work day to receive the COVID-19 vaccine can pursue a private right of action against the employer.

Upon written determination by the Commissioner of Public Health that the threat to public health posed by COVID-19 has diminished, the ordinance will be repealed.

The information contained in this article is provided as general guidance and may be affected by changes in law or regulation. This article is not intended to replace or substitute for accounting or other professional advice. Please consult a CBIZ professional. This information is provided as-is with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.