HB4420 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4420

 

Introduced , by Rep. Maria Antonia Berrios

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 805/8.38 new

    Creates the Earned Sick Time Act. Provides that all employers that employ 20 or more employees shall provide paid sick time to their employees. Requires all employers to provide a minimum of one hour of paid sick time for every 40 hours worked by an employee, regardless of whether the employee is full-time or part-time, with a minimum of 2 days of paid sick time per calendar year. Provides for administration by the Department of Labor. Provides enforcement provisions and sets penalties. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning labor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Earned
5Sick Time Act.
 
6    Section 5. Findings and purpose. The General Assembly finds
7that:
8    (a) Nearly every worker at some time during each year will
9need time off from work to take care of his or her health needs
10or the health needs of family members.
11    (b) Providing the right to earned sick time will therefore
12have a positive effect on the public health of Illinois and
13lessen the spread of and exposure to diseases.
14    (c) Supporting a healthy workforce will foster greater
15employee retention and productivity. Responsible businesses
16that already have policies that allow time off that amounts to
17at least the minimum requirements under this Act, and that can
18be taken for the same reasons and under the same conditions as
19enumerated in this Act, will not be required to provide
20additional sick time.
21    (d) More than 40% of all workers in Illinois - over 2.5
22million people - have no right to a single earned sick day.
23    (e) 75% of low-wage workers do not receive paid sick days

 

 

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1and cannot forfeit a day's work, including 78% of working
2mothers with school-age children.
3    (f) Providing sick time to workers at a time when the
4economy is improving, and ensuring that workers' jobs are
5protected when they need to take a sick day, strikes the right
6balance and will result in a more prosperous, safe, and healthy
7State.
 
8    Section 10. Definitions. As used in this Act:
9    "Calendar year" means a consecutive 12-month period, as
10determined by an employer.
11    "Child" means a biological, adopted, or foster child, a
12legal ward, or a child of an employee standing in loco
13parentis.
14    "Department" means the Department of Labor.
15    "Director" means the Director of Labor.
16    "Employee" means any person who performs services for an
17employer for wage, remuneration, or other compensation.
18"Employee" includes persons working any number of hours,
19regardless of full-time or part-time status.
20    "Employer" means one who employs at least one employee,
21including but not limited to, this State and its political
22subdivisions, a temporary services agency, employment agency,
23or employee organization.
24    "Family member" means an employee's spouse, child, parent,
25or the child or parent of an employee's spouse.

 

 

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1    "Parent" means a biological or adoptive parent, a foster or
2stepparent, or a person who stands in loco parentis to an
3employee or an employee's spouse. "Parent" includes a person
4who is the parent of a child as defined in this Section.
5    "Spouse" means a party to a marriage or a party to a civil
6union.
 
7    Section 15. Earned sick time.
8    (a) Beginning on January 1, 2015, all employers that employ
920 or more employees shall provide paid sick time to their
10employees in accordance with the provisions of this Act.
11Beginning on January 1, 2016, all employers that employ 15 or
12more employees shall provide unpaid sick time in accordance
13with this Act.
14    (b) All employers shall provide a minimum of one hour of
15paid sick time for every 40 hours worked by an employee, with a
16minimum of 2 days per calendar year. Nothing in this Section
17shall be construed to discourage or prohibit an employer from
18allowing the accrual of sick time at a faster rate than this
19Section requires.
20    (c) Paid sick time shall accrue in one hour unit
21increments.
22    (d) Paid sick time shall begin to accrue at the
23commencement of employment.
24    (e) Employees shall be entitled to use accrued paid sick
25time beginning 6 months following commencement of their

 

 

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1employment. Upon completing 6 months of employment, employees
2may use sick time as such time is accrued. Nothing in this
3Section shall be construed to discourage or prohibit an
4employer from allowing the use of sick time at an earlier date
5than this Section requires.
6    (f) Unused paid sick time accrued under this Section shall
7be carried over to the following calendar year. Nothing in this
8Section shall be construed to discourage or prohibit an
9employer from allowing paid sick time to be carried over into
10additional calendar years.
11    (g) Nothing in this Section shall be construed as requiring
12financial or other reimbursement to an employee from an
13employer upon the employee's termination, resignation,
14retirement, or other separation from employment for accrued
15paid sick time that has not been used.
16    (h) If an employee is transferred to a separate division,
17entity, or location, but remains employed by the same employer,
18the employee is entitled to all paid sick time accrued at the
19prior division, entity, or location and is entitled to use all
20paid sick time as provided in this Section. When there is a
21separation from employment and the employee is rehired within 6
22months of separation by the same employer, previously accrued
23paid sick time that had not been used shall be reinstated. Such
24employee shall be entitled to use accrued paid sick time at the
25commencement of employment following a separation from
26employment of 6 months or less.

 

 

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1    (i) Use of paid sick time.
2        (1) An employer shall permit an employee to use paid
3    sick time for absence from work due to:
4            (A) an employee's mental or physical illness,
5        injury or health condition or need for medical
6        diagnosis, care, or treatment of a mental or physical
7        illness, injury or health condition or need for
8        preventive medical care;
9            (B) care of a family member with a mental or
10        physical illness, injury, or health condition who
11        needs medical diagnosis, care, or treatment of a mental
12        or physical illness, injury, or health condition or who
13        needs preventive medical care; or
14            (C) closure of the employee's place of business by
15        order of a public official due to a public health
16        emergency or an employee's need to care for a child
17        whose school or place of care has been closed by order
18        of a public official due to a public health emergency.
19        (2) An employer may require reasonable notice of the
20    need to use paid sick time. Where such need is foreseeable,
21    an employer may require advance notice of the intention to
22    use such paid sick time, not to exceed 7 days before the
23    date such paid sick time is to begin. Where such need is
24    not foreseeable, an employer may require an employee to
25    provide notice of the need for the use of paid sick time as
26    soon as practicable.

 

 

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1        (3) For leave of more than 3 consecutive days, an
2    employer may require reasonable documentation that the
3    paid sick time is covered by paragraph (1) of this
4    subsection (i). For paid sick time used pursuant to items
5    (A) or (B) of paragraph (1) of this subsection (i),
6    documentation signed by a licensed health care provider
7    indicating the need for the number of paid sick time days
8    shall be considered reasonable documentation.
9        (4) An employer may not require, as a condition of an
10    employee's use of paid sick time, that such employee search
11    for or find a replacement worker to cover the hours during
12    which the employee is using paid sick time.
 
13    Section 20. Retaliation prohibited.
14    (a) It is unlawful for an employer or any other person to
15interfere with, restrain, or deny the exercise of, or the
16attempt to exercise, any right protected under this Act.
17    (b) An employer may not take retaliatory personnel action
18or discriminate against an employee because the employee has
19exercised rights protected under this Act. Such rights include
20but are not limited to: the right to use paid sick time under
21this Act, the right to file a complaint or inform any person
22about any employer's alleged violation of this Act, the right
23to cooperate with the Department in its investigations of
24alleged violations of this Act, and the right to inform any
25person of his or her potential rights under this Act.

 

 

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1    (c) It is unlawful for an employer's absence control policy
2to count paid sick time taken under this section as an absence
3that may lead to or result in discipline, discharge, demotion,
4suspension, or any other adverse action; however, the
5protections of this Section are not meant to interfere with
6employer disciplinary procedures.
7    (d) The protections of this Act apply to any person who
8mistakenly but in good faith alleges violations of this Act.
9    (e) Notice and posting.
10        (1) Employers shall give notice that employees are
11    entitled to paid sick time, the amount of paid sick time,
12    and the terms of its use guaranteed under this Section,
13    that retaliation against employees who request or use paid
14    sick time is prohibited, and that each employee has the
15    right to file a complaint or bring a civil action if sick
16    time as required by this Section is denied by the employer
17    or the employee is retaliated against for requesting or
18    taking paid sick time.
19        (2) Employers shall comply with the requirements of
20    this subsection (e) by:
21            (A) supplying each of their employees with a notice
22        in English and in any language that is the first
23        language spoken by at least 5% of the employer's
24        workforce that contains the information required in
25        paragraph (1) of this subsection (e) and by adding the
26        information contained in paragraph (1) of this

 

 

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1        subsection (e) to any personnel policies or manuals
2        maintained by the employer and any orientation
3        materials supplied to new employees; or
4            (B) displaying a poster or posters in places
5        conspicuous and accessible to all employees in each
6        establishment where such employees are employed which
7        contains in English and in any language that is the
8        first language spoken by at least 5% of the employer's
9        workforce, all information required under paragraph
10        (1) of this subsection (e); however, any employer that
11        does not have and maintain written personnel policies
12        or manuals for employees shall display such poster or
13        posters pursuant to the requirements of this item (B).
14        (3) The Department shall create and make available to
15    employers posters that contain the information required
16    under paragraph (1) of this subsection (e) for their use in
17    complying with the notice provisions of this subsection
18    (e). Such posters shall be available from the Department in
19    person or in a downloadable format from the website of the
20    Department in English and any other language determined by
21    the Department.
22    (f) Employer records. Employers shall retain records
23documenting hours worked by employees and paid sick time
24accrued and taken by employees for a period of 3 years unless
25otherwise required pursuant to any other law, rules, or
26regulations and shall allow the Department access to such

 

 

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1records, with appropriate notice and at a mutually agreeable
2time, to monitor compliance with the requirements of this
3subsection. An employer is not required to modify its record
4keeping policies to comply with this subsection if such
5employer's records reasonably indicate employee hours worked,
6paid sick time accrued, and paid sick time taken. When an issue
7arises as to an employee's entitlement to paid sick time under
8this Section, if the employer does not maintain or retain
9adequate records documenting hours worked by the employee and
10paid sick time taken by the employee or does not allow the
11Department reasonable access to such records, it shall be
12presumed that the employer has violated this subsection, absent
13clear and convincing evidence otherwise.
14    (g) Rules. The Department shall administer and enforce this
15Act and adopt rules under the Illinois Administrative Procedure
16Act for the purposes of this Act. Such rules shall permit an
17employer with a paid leave policy, such as a paid time off
18policy, that makes available an amount of paid leave sufficient
19to meet the accrual requirements of this Act, that may be used
20for the same purposes and under the same conditions as paid
21sick time under this Act, to maintain its existing timekeeping
22practices.
23    (h) Confidentiality and nondisclosure. An employer may not
24require disclosure of details relating to an employee's medical
25condition as a condition of providing paid sick time under this
26Section. If an employer possesses health information about an

 

 

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1employee or employee's family member, such information shall be
2treated as confidential and may not be disclosed except to the
3affected employee or with the permission of the affected
4employee.
5    (i) Encouragement of more generous policies; no effect on
6more generous policies.
7        (1) Nothing in this Act shall be construed to
8    discourage or prohibit an employer from the adoption or
9    retention of a paid sick time policy or paid time off
10    policy more generous than the one required in this Act.
11        (2) Nothing in this Act shall be construed as
12    diminishing the obligation of an employer to comply with
13    any contract, collective bargaining agreement, employment
14    benefit plan or other agreement providing more generous
15    sick time to an employee than required in this Act.
16        (3) Nothing in this Act shall be construed as
17    diminishing the rights of public employees regarding paid
18    sick time as provided in federal or State law or practice,
19    or in local ordinance.
 
20    Section 25. Enforcement.
21    (a) An employer found to be in violation of this Act is
22liable for a civil penalty of not less than $500 for each
23violation.
24    (b) Penalties imposed under this Section shall not affect
25any right or remedy available or civil or criminal penalty

 

 

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1applicable under law to any individual or entity, or in any way
2diminish or reduce the remedy or damages recoverable in any
3action in a court.
4    (c) Upon a determination that a violation of this Act has
5occurred, the court may award any appropriate equitable relief
6to secure compliance with this Act and may award reasonable
7attorney's fees and costs incurred in maintaining the action to
8any prevailing complaining party.
9    (d) Any proceeding to recover a civil penalty authorized
10under this Section shall be commenced by the service of a
11notice of violation which shall be returnable to the
12Department. The Director or his or her designee, shall, after
13due notice and an opportunity for a hearing, be authorized to
14impose the civil penalties prescribed by this Section. The
15decision to impose such penalties shall be a final
16administrative decision for purposes of review under the
17Administrative Review Law.
18    (e) The Department shall take appropriate action to enforce
19this Section, including, but not limited to, establishing a
20system to receive complaints from any person charging that a
21violation of this Act has occurred, investigating any such
22complaints received, and making findings of violations and
23civil penalties in accordance with this Section.
24    (f) Any action or proceeding that may be appropriate or
25necessary for the correction of any violation issued under this
26Section including, but not limited to, actions to secure

 

 

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1permanent injunctions, enjoining any acts or practices which
2constitute such violation, mandating compliance with this Act,
3or such other relief as may be appropriate, may be initiated in
4the circuit court by the Attorney General on behalf of the
5Department.
6    (g) The Department and any aggrieved employee may bring an
7action in the circuit court against an employer for a violation
8of this Act within 3 years of the date the alleged violation
9occurred. Upon a determination that a violation of this Act has
10occurred, a court may award damages to the aggrieved employee
11and any other appropriate relief including but not limited to
12reinstatement of employment and may award reasonable
13attorney's fees and costs incurred in maintaining the action to
14any prevailing party.
 
15    Section 30. Other provisions.
16    (a) This Act provides minimum requirements pertaining to
17paid sick time and shall not be construed to preempt, limit, or
18otherwise affect the applicability of any other law,
19regulation, requirement, policy, or standard that provides for
20greater accrual or use by employees of sick leave or time,
21whether paid or unpaid, or that extends other protections to
22employees.
23    (b) Nothing in this Act shall be construed as creating or
24imposing any requirement in conflict with any federal law,
25rule, or regulation, nor shall anything in this Act be

 

 

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1construed to diminish or impair the rights of an employee or
2employer under any valid collective bargaining agreement.
 
3    Section 900. The State Mandates Act is amended by adding
4Section 8.38 as follows:
 
5    (30 ILCS 805/8.38 new)
6    Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8
7of this Act, no reimbursement by the State is required for the
8implementation of any mandate created by this amendatory Act of
9the 98th General Assembly.
 
10    Section 997. Severability. The provisions of this Act are
11severable under Section 1.31 of the Statute on Statutes.
 
12    Section 999. Effective date. This Act takes effect upon
13becoming law.