Governor Introduces Plan to Reopen State by Region  
  At the Governor's daily press conference earlier today, Governor Pritzker announced Restore Illinois, which is a regionalized, phased reopening plan for Illinois (available here). The plan divides Illinois into 4 different regions and includes 5 separate phases that gradually eliminate different restrictions form the stay at home order as each region meets certain benchmarks. Illinois has been in Phase 2 since May 1st, and each phase lasts for a minimum of 14 days, meaning that the earliest a region could move to Phase 3 is May 15th, assuming that it meets the required benchmarks. The benchmarks that would move a region forward to Phase 3 or backwards to Phase 1 are as follows:

Cases and Capacity: The determination of moving from Phase 2 to Phase 3 will be driven by the COVID-19 positivity rate in each region and measures of maintaining regional hospital surge capacity. This data will be tracked from the time a region enters Phase 2, onwards.  
  • At or under a 20 percent positivity rate and increasing no more than 10 percentage points over a 14-day period, AND 
  • No overall increase (i.e. stability or decrease) in hospital admissions for COVID-19-like illness for 28 days, AND 
  • Available surge capacity of at least 14 percent of ICU beds, medical and surgical beds, and ventilators  
Testing: Testing available for all patients, health care workers, first responders, people with underlying conditions, and residents and staff in congregate living facilities 
Tracing: Begin contact tracing and monitoring within 24 hours of diagnosis 

IDPH will closely monitor data and receive on-the-ground feedback from local health departments and regional healthcare councils and will recommend moving back to the previous phase based on the following factors:
  • Sustained rise in positivity rate 
  • Sustained increase in hospital admissions for COVID-19 like illness 
  • Reduction in hospital capacity threatening surge capabilities 
  • Significant outbreak in the region that threatens the health of the region
According to the Governor, the Illinois Department of Public Health website will soon include a tracker for each region to show the progress that each region has made toward moving to the next phase.  
  Additional Guidance on PPP Loan Forgiveness  
  On Sunday, the Small Business Administration and the Treasury Department revised their PPP guidance by adding question 40, which provides that an employer's PPP Loan forgiveness will not be adversely impacted by the refusal of a furloughed employee to return to work. Under the new guidance, if an employer makes a good-faith written offer to rehire a furloughed employee at the same salary/wages and number of hours and the employee rejects the offer, that employee's refusal to return to work will not reduce the employer's PPP forgiveness amount. The guidance requires employers to document the employee's refusal to return to work. The revised guidance also notes that an employee's refusal to return to work may forfeit the employee's continued unemployment compensation.  

The latest version of the SBA/Treasury guidance can be found here.