City of Bloomington Passes Earned Sick and Safe Leave Ordinance

On June 13, 2022, the Bloomington City Council adopted Ordinance 2022-31. Bloomington’s ordinance requires employers to provide certain amounts of sick and safe leave to employees working at least 80 hours per year in the city. Specifically, the law requires private employers with at least five employees to provide employees with one hour of paid leave for every 30 hours on the job, for up to 48 leave hours a year. Smaller employers are required to provide the same amounts of unpaid leave. The law applies to an employer regardless of whether the employer is physically located in Bloomington. Employers are only required to allow an employee to carry over 80 hours of leave into the following year. Once the law goes into effect, employees may use accrued leave after 90 calendar days of employment.

Accrued sick and safe time may be used for any of the following reasons:

1. The employee’s mental or physical illness; injury; health condition; need for medical diagnosis; care, including prenatal care; treatment of a mental or physical illness, injury or health condition; or need for preventive medical or healthcare.
2. The care of a family member with a mental or physical illness, injury or health condition who needs medical diagnosis; care, including prenatal care; treatment of a mental or physical illness, injury or health condition; or preventive medical or healthcare; or the death of a family member.
3. An absence due to domestic abuse, sexual assault or stalking of the employee or employee's family member for any of the following reasons:
   • A. Seeking medical attention or psychological or other counseling services related to physical or psychological injury or disability caused by domestic abuse, sexual assault or stalking.
   • B. Obtaining services from a victim services organization.
   • C. Seeking relocation due to domestic abuse, sexual assault or stalking.
   • D. Seeking legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault or stalking.
4. The closure of the employee’s place of business by order of a public official to limit exposure to an infectious agent, biological toxin, hazardous material or other public health emergency.
5. To accommodate the employee’s need to care for a family member whose school or place of care has been closed by order of a public official to limit exposure to an infectious agent, biological toxin, hazardous material or other public health emergency.
6. To accommodate the employee’s need to care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water or other unexpected closure.

A employer may require reasonable documentation verifying the need for leave if the employee’s absence is longer than three consecutive days; the employee’s leave is for reasons in 1, 2 or 3A above; and the employer provides health insurance benefits to the employee.

Employers must notify employees that they are entitled to sick and safe time, the amount thereof and the terms of its use under the law. Prior to July 1, 2023, the City of Bloomington’s Attorney’s Office will provide a sample notice to conspicuously post and include in employee handbooks. Employers must also keep records documenting hours worked as well as leave accrued and used.

At this point, employers should be mindful of upcoming compliance requirements and expect interpretative guidance from the City Attorney’s Office. Employers with employees in Bloomington should work with legal counsel to incorporate the new ordinance requirements into their overall leave policy.

Ordinance 2022-31 »
Press Release »