Office of the City Clerk - Record #: SO2021-1219

• Record #: SO2021-1219
• Type: Ordinance
• Status: Passed
• Intro date: 3/24/2021
• Current Controlling Legislative Body: Committee on Workforce Development
• Final action: 4/21/2021
• Title: Establishment of COVID-19 vaccination rights for workers and prohibition of retaliation by employers
• Sponsors: Lightfoot, Lori E. , La Spata, Daniel
• Topic: CITY COUNCIL - Miscellaneous, - CITY DEPARTMENTS/AGENCIES - Health

Date	Journal Page Number	Action By	Action	Result
4/23/2021		City Council	Signed by Mayor
4/21/2021	29928	City Council	Passed as Substitute	Pass
4/15/2021		Committee on Workforce Development	Substituted in Committee
4/13/2021		Committee on Workforce Development	Recommended to Pass
3/24/2021	28478	City Council	Referred

SUBSTITUTE
ORDINANCE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: SECTION 1. Duty to allow workers to vaccinate.
As used in this ordinance, the following terms shall have the following meanings:

"Employer" means a person, as defined in Section 1-4-090(e) of the Municipal Code of Chicago, who engages the services of at least one individual for payment
"Regular rate" shall have the definition applied to that term in 29 U.S.C. §
207(e).
"Shift" means the consecutive hours an Employer schedules a Worker to work, including Employer-approved meal periods and rest periods.
"Vaccine" and "vaccinate", in their various forms, mean a vaccine against COVID-19 or inoculation with a vaccine against COVID-19.
"Worker" means an individual that performs work for an Employer, including as an employee or as an independent contractor.
Whether vaccination is voluntarily sought or Employer-required, an Employer may not require that a Worker get vaccinated only during non-shift hours. An Employer shall not take adverse action against any Worker for taking time during a shift to get a vaccine.
If a Worker has paid sick leave or paid time off accrued or otherwise available and requests to use that time to get a vaccine, the Employer shall allow the Worker to use that time for that purpose.
An Employer that requires that a Worker be vaccinated shall compensate the Worker for the time, up to four hours per dose, that the Worker takes to get vaccinated at the Worker's regular rate of pay if the Worker's vaccination appointment time is during a shift. An Employer that requires that a Worker be vaccinated shall not require the Worker to use paid time off or paid sick leave to fund the hours of shift missed to get vaccinated.
If an Employer takes adverse action against a Worker for taking time during a shift to get a vaccine in violation of subsection (b), (c), or (d), that shall be considered retaliation under Chapter 1-24 of the Municipal Code of Chicago. The Commissioner of B...