Synopsis As Introduced Creates the Healthy Workplace Act and amends the State Finance Act. Requires employers to provide specified paid sick days to employees. Sets forth the purposes for and manner in which the sick days may be used. Contains provisions regarding employer responsibilities, unlawful employer practices, and other matters. Provides that the Department of Labor shall administer the Act. Authorizes the imposition of civil penalties. Authorizes individuals to file civil actions with respect to violations. Creates the Healthy Workplace Fund as a special fund in the State treasury. Effective immediately.
House Committee Amendment No. 1 Replaces everything after the enacting clause with provisions similar to the introduced bill, with the following changes. Provides an exemption for the construction industry. Excludes school districts, park districts, and certain City of Chicago sister agencies. Provides for a minimum of 5 sick days rather than a maximum of 7 sick days per year. Changes the accrual rate and minimum usage. Provides that an employee may earn sick days 180, rather than 120, days after beginning employment. Effective immediately.
Fiscal Note, House Committee Amendment No. 1 (Dept. of Labor)
The Department currently employs 6 wage claim specialists and 2 clerical staff to process and administer wage claims under the Wage Payment and Collection Act. This legislation would require, the Department to add at least 4 full time staff members to process, answer phone calls and emails, and investigate additional claims. Also, at least one additional attorney position to review the additional claims for legal sufficiency and to ensure that the proper responsible parties are named. In addition, two administrative law judges would also be needed to handle the increase in the number of administrative hearings as a result of the additional claims. There are other administrative costs, including postage, office supplies and new employee IT equipment and licensing. Fiscal Impact = $843,000 (7 Headcount = $785,000; Administrative Costs = $58,000).
Balanced Budget Note, House Committee Amendment No. 1 (Office of Management and Budget)
The Balanced Budget Note Act does not apply to this bill as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted.
Housing Affordability Impact Note, House Committee Amendment No. 1 (Housing Development Authority)
This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.
This legislation will not impact any public pension fund or retirement system in Illinois.
Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts)
This legislation would neither increase nor decrease the number of judges needed in the State.
State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability)
This legislation would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.
Correctional Note, House Committee Amendment No. 1 (Dept of Corrections)
This legislation has no fiscal or population impact on the Department of Corrections.
State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
This bill does not create a State mandate.
Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
This bill does not pre-empt home rule authority.
Senate Committee Amendment No. 1 Specifically identifies entities included within the scope of the term "employer". Excludes certain railroad employees. Provides that a healthcare provider includes persons determined under the Family and Medical Leave Act of 1993, as of the effective date of this Act, to be a healthcare provider. Provides that an employer does not have to allow use more than 40 hours of paid sick time, rather than 5 paid sick days, annually.
Senate Floor Amendment No. 2 Provides that the term "employee" does not include certain persons subject to the Railway Labor Act, the Railroad Unemployment Insurance Act, and the Federal Employers' Liability Act. Includes chiropractors within the scope of the term "healthcare provider". Removes requirement that a healthcare provider not be employed by an employer to whom the healthcare provider issues certifications.