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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
Attachments: 1. SO2021-1219.pdf, 2. O2021-1219.pdf
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. ยง
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...

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