File a Complaint for a Violation of the Earned Sick Leave Ordinance
The Commission investigates and, if warranted, adjudicates violations of the Cook County Earned Sick Leave Ordinance. If you believe that your employer is not providing you with the amount of Earned Sick Leave that is required by the Ordinance, is not allowing you to use Earned Sick Leave for a permitted purpose, or is underpaying you when you do use Earned Sick Leave for a permitted purpose, contact the Cook County Commission on Human Rights for an intake interview. Due to the volume of intake interviews, initial consultations are limited to 30 minutes.
Please consider reviewing and sending the Commission a Complaint Information Sheet in advance so that the investigator can best advise you as to whether your case is one that the Commission has the legal authority to investigate and help you evaluate the strength of your legal claim. The Earned Sick Leave Complaint Information Sheet is in the Downloads section of this page.
If after your initial interview, the Commission believes that it has the legal authority to investigate your claim and that your legal claim is colorable, the Commission will help you prepare a written complaint. You may also prepare your own complaint or have an attorney prepare one for you. However, if you prepare your own complaint or your attorney prepares one for you, you must use the Commission's complaint Form (see the form in this page's Downloads) or a substantial equivalent.
The complaint must contain a statement of facts alleged to constitute a violation of the Cook County Earned Sick Leave Ordinance. These allegations must be set out in separately numbered paragraphs so that the alleged violator (respondent) can admit or deny each allegation. Your complaint must be signed and filed with the Commission within 3 year of the date of the alleged violation. There is no charge or fee for filing a complaint.
Once you file a complaint with the Commission, the Commission may opt out to proceed with the complaint in its own name. The Commission will tend to do this with cases that are supported by strong evidence and where it appears that many employees may have suffered the same or similar injuries.
The Commission notifies the respondent about the complaint and requires the respondent to submit a response admitting or denying each allegation of the complaint. The complaint is then assigned to an investigator who conducts a neutral fact-finding investigation that may include interviewing the parties and other witnesses, obtaining and reviewing documents and other physical evidence and submitting written questionnaires to you, the respondent and other witnesses.
It is important that you cooperate with the investigator assigned to your matter and provide him or her with the information he or she requests at the time he or she requests it. Failure to cooperate is grounds for dismissal of your case. In addition, please do not provide printed copies of pleadings, if they have been provided to the Commission via email (so as to minimize duplication).
In addition, because investigators are working on a number of cases simultaneously, the Commission asks that once you have a complaint on file, that you make an appointment if you need to speak with your investigator about your case or want to provide him or her with additional information regarding the case. This ensures that each Commission complainant receives an investigator's undivided attention and reduces delays in the investigation process across the Commission's entire docket.
At the end of the neutral fact-finding investigation, the Commission determines on the basis of the evidence whether a violation of the Cook County Earned Sick Leave Ordinance has occurred.
Remedies and Relief
The Commission can order anyone who has violated the Cook County Earned Sick Leave Ordinance to pay lost wages, to provide compensatory paid time off; to reinstate a wrongfully terminated complainant; to give a required notice or make a required posting; and to cease and desist violating the Ordinance. The Commission may also levy fines of up to $500.00 per violation.
Examples of Earned Sick Leave Ordinance Violations
- Awarding employees few hours of Earned Sick Leave than they should receive based on the number of hours they worked for the Covered Employer in covered locations in Cook County.
- Preventing employees from using Earned Sick Leave for a purpose permitted by the Ordinance.
- Undercompensating employees during paid leave taken pursuant to the Ordinance.
- Failing to notify employees of their rights under the Cook County Earned Sick Leave Ordinance.
- Firing an employee who is considering filing an Earned Sick Leave complaint or otherwise cooperating with a Commission investigation.