Illinois Released Draft Modified Stay at Home Order That Will Be Effective From May 1 to May 30, 2020

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Seyfarth Synopsis.  On April 27, 2020, Illinois released a draft of the anticipated modified stay at home order that is expected to go into effect May 1, 2020 and will be effective until May 30, 2020.  While we provided a summary of the anticipated changes that were announced by Governor J.B. Pritzker last week here, the draft modified order contains additional modifications that were not announced. While the draft modified order is still subject to revision before it is signed (expected to be on April 30, 2020), we have summarized below, the modifications that have been disclosed to-date.

Stay at Home Order Expected to be Signed April 30, to be Effective May 1 and to be Extended to May 30

While the current stay at home order is set to expire on May 1, 2020, Illinois released a draft modified order, extending the stay at home order to at least May 30, that is expected to be signed by Governor Pritzker on April 30, 2020, to go into effect May 1, 2020.  This new order, once signed, will replace the prior stay at home order set to expire on May 1.

More Expected Modifications to the Illinois Stay at Home Order Announced April 27

While a number of important modifications to the Stay at Home Order were announced during Governor Pritzker’s press conference last week (as summarized here), additional modifications were included in the draft order that was released on April 27, 2020.  While the draft order may be further revised before its expected signing on April 30, 2020, the current draft includes the following modifications:  

• Any individual able to medically tolerate a face covering or mask will be required to cover their nose and mouth with a face covering when in a public place (including work) and unable to maintain a six-foot social distance.
• Children over the age of two are required to adhere to the face covering or mask requirements.
• Face-coverings are required in public indoor spaces, such as stores.
• Retail stores designated as Essential Businesses and Operations are required to comply with additional measures to prevent the spread of COVID-19, including:
  • Provide face coverings to all employees who are not able to maintain a 6 foot social distance at all times.
  • Cap occupancy at 50 percent of store capacity or occupancy limits based on store square footage.
  • Set up aisles to be one-way where practicable and identify aisles accordingly.
  • Communicate social distancing requirements set forth in this order through signage, public announcements and advertisements.
  • Discontinue use of reusable bags.
  • Household members must limit the number of members who enter stores to the minimum necessary.
• Non-essential retail stores may reopen but only for phone and online order through outside pick-up and delivery. Any employees working in these stores must follow social distancing and must wear a face covering when coming within 6 feet of another employee or customer.
• Manufacturers must provide face coverings to employees who are not able to maintain a 6 foot social distance at all times, implement staggering shifts, reduce line speed, operating only essential lines while shutting down non-essential lines, ensure all gathering places (for example, a break room) allow for social distancing, and downsize operations, if necessary, to allow for social distancing.
• All businesses must evaluate which employees can work from home and facilitate remote work from home when possible.
• All business that have employees physically reporting to a worksite must post guidance from the Illinois Department of Public Health regarding workplace safety during COVID-19.
• Outdoor activities are allowed in state parks that remain open as designated by the Illinois Department of Natural Resources But, fishing and boating may only be done in groups of two or less, and golf is permitted only when following the guidelines of the Illinois Department of Commerce and Economic Opportunity.
• Animal grooming services are now included in the definition of Healthcare and Public Health Operations for which individuals may leave their house.
• Schools will remain closed but educational institutions may allow and establish procedures for pick-up of necessary supplies and/or student belongings and dormitory move-out if conducted in a manner consistent with public health guidelines, including Social Distancing Requirements.

While the Governor announced last week that hospitals would be able to begin scheduling non-life-threatening surgeries and some elective procedures would be able to resume, there is nothing in the current modified draft order specifically permitting this change.

We will continue to monitor the status of the new order and issue any required updates if changes are made to the order before it is signed on April 30.  Employers should continue preparing to make adjustments to their operations and workforce to the extent any of the modifications may impact their business so they are in compliance by May 1.