Employers Can’t Afford to Get Sick of Sick Leave – Chicago Employment Law Attorneys Near Evanston

Sick leave is the leave of absence granted in cases of illness. Current changes are being made in this realm of the paid absence of duty and coming fast.  Federal requirements have not been in place for paid sick leave.  The Family and Medical Leave Act (FMLA) does not require unpaid sick leave.  In cases of where an employee has worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles, they are eligible.  America is the only country amongst a lineup of 22 developed nations that doesn’t guarantee pay if an employee, or a close member of the employee’s family, gets an illness and needs to take a sick day.

Starting July 1, a new law will take effect and requires any business with 18 or more employees to give workers paid “sick and safe” days.  This allows for time off to deal with illness, family issues, domestic violence, and other similar circumstances. The new law provides up to three days of sick and safe leave in 2018, four in 2019 and five in 2020 and beyond. The Department of Labor and Training will post information on its website, www.dlt.ri.gov, within a couple of weeks to guide employers.  Those who have questions should call the department at (401) 462-8000.

Having a sick employee is a risk that every employer has to be able to foresee when it comes to being practical and an employer. A Huffington Post poll in 2015 revealed that 70% of those that voted believed that companies be mandated to pay employees for sick time. There should be a freedom to be able to take care of family members or oneself is basically what the results of that poll indicate.  The long-term benefits lie in helping reduce stress on employees, making them better workers.  That is why compassion in the workplace can go far.

Employers in New York who did not wish to exercise payments towards that were forced to pay up.  A health care provider by the name of Montefiore Medical Center had to pay $114,997 to 285 staffers who were forbidden from taking five paid sick days each year. Who could believe that it was a healthcare provider that violated these laws?  In fact, this was not the only one in the area.  The Bronx hospital also forced employees to choose between working while they were sick or taking time off without pay. U.S Nursing Corp. was also ordered to pay $90,000 to 180 employees.

Not paying on time can affect the long-term costs and effectiveness of a business or company.  The previous concern about the initial, burdensome costs is no longer the concern.  Rights, entitlements and public policy will weigh into the domain and framework of application.  The cost of fines that are steep reflects this.  Business image and reputation also matters.  One can hardly imagine that being a healthcare provider that withholds sick leave entitlements could look good from a public relations perspective.

Normally employees with a greater number of employees have higher compliance capacity, this is why many employers are in need of education as to how this will impact them from a business standpoint.  Feel free to reach out to your law firm to see how we can further assist in this regard.




Our Chicago employment law attorneys have handled many different types of lawsuits involving employment law issues including retaliatory discharge, unpaid wages, unpaid overtime and sexual and race discrimination cases. Our Chicago area non-compete agreement attorneys have defended high-level executives and professionals, such as doctors, in a covenant not to compete, trade secret lawsuits and discrimination case. A case in which our firm defended a former Motorola executive was covered in Crain’s Chicago Business. You can view that article by clicking here.

Lubin Austermuehle a firm of Chicago employment and business dispute lawyers handles litigation over non-compete clauses for individuals and businesses of all sizes, including small or closely held businesses for whom competition from an ex-employee can be a serious threat. Our Chicago business lawyers with offices near Evanston and Skokie have substantial experience in restrictive covenant and breach of contract cases, and we are proud of our record of strong results. We have successfully represented a number of doctors in non-compete, partnership, and other business disputes.  We understand the complexities of physician partnership and non-compete agreements.

Lubin Austermuehle a Chicago business litigation law firm represents both plaintiffs and defendants in such cases, and can also help stop litigation before it starts by reviewing contracts to look for covenants and clauses that could create problems later. Our firm has also handled many shareholders and LLC disputes between owners of closely held corporations, and LLCs.

Based in Oakbrook Terrace and downtown Chicago, our Winnetka and Evanston non-compete agreement and business dispute lawyers take cases from Orland Park and Bolingbrook and many other cities throughout Illinois, as well as in Indiana, Wisconsin and the entire United States. To learn more or set up a free consultation, please contact one of our Chicago business dispute attorneys online or call toll-free at 630-333-0333 today.

Lubin Austermuehle’s Oak Brook and Hinsdale non-compete agreement litigation attorneys have more than three decades of experience helping clients unravel the complexities of Illinois and out-of-state non-compete and trade secret theft laws. Our Chicago business dispute attorneys also represent individuals, family businesses and enterprises of all sizes in a variety of legal disputes, including disputes among partners, shareholders, and LLC members as well as lawsuits between businesses and consumer rights, auto fraud, and wage claim individual and class action cases. In every case, our goal is to resolve disputes as quickly and successfully as possible, helping business clients protect their investments and get back to business as usual. From offices in Oak Brook, near Barrington and Lake Forest, we serve clients throughout Illinois and the Midwest. For a free consultation, you can contact us locally at 630-333-0333 or online.

Contact Information