In April, the City of Chicago enacted the Chicago COVID-19 Vaccine Anti-Retaliation Ordinance (the “Ordinance”). The Ordinance affords workers certain protections designed to safeguard access to a COVID-19 vaccination by restricting the conduct of employers, defined “any person or entity that engages in the services of one or more individual for payment.” The Ordinance establishes that an employer conducting business in the City of Chicago:
- May not take adverse action against a worker for taking time during scheduled work time to obtain a COVID-19 vaccination.
- May not require a worker to get vaccinated only during non-working (non-shift) hours; and
- Must permit workers to use accrued or available time off, including but not limited to paid sick leave, for the purpose of getting vaccinated.
Further, since an employer may make vaccination mandatory for workers, such employer mandating a COVID-19 vaccine must also:
- Compensate the worker for time, up to 4 hours per vaccine dose (one or two doses, as required based on the type of COVID-19 vaccine received), that the worker takes to get the vaccine, if the vaccine appointment is during scheduled work time (compensation should be at the worker’s regular rate of pay); and
- Employer may not require the worker to use paid time off (including but not limited to paid sick leave) to fund the hours of scheduled work time missed to get the vaccine.
Employers should take the Ordinance seriously, as violations of any of the above provisions may be considered retaliation and could result in fines of $1,000 – $5,000. Additionally, workers subject to a violation of the Ordinance may recover in a civil action reinstatement to either the same position held before the retaliation action or to an equivalent position, damages equal to three time the full amount of wages that would have been owed had the action not taken place, as well as any other actual damages and attorneys fees.
For more information on Chicago’s COVID-19 Vaccine Anti-Retaliation Ordinance or other COVID-19 information, please contact the attorneys at Rock Fusco & Connelly, LLC.