104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4844

 

Introduced , by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 305/4.1  from Ch. 78, par. 4.1
705 ILCS 310/10.1  from Ch. 78, par. 33.1

    Amends the Jury Act and the Jury Commission Act. Requires employers to compensate employees at the employee's regular rate of pay for time that the employee served on jury duty.


LRB104 17822 JRC 31256 b

 

 

A BILL FOR

 

HB4844LRB104 17822 JRC 31256 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Jury Act is amended by changing Section 4.1
5as follows:
 
6    (705 ILCS 305/4.1)  (from Ch. 78, par. 4.1)
7    Sec. 4.1. Jury duty; notice to employer; right to time
8off.
9    (a) Any person who is not legally disqualified to serve on
10juries, and has been duly summoned for jury duty for either
11petit or grand jury service, shall be given time off from
12employment to serve upon the jury for which such employee is
13summoned, regardless of the employment shift such employee is
14assigned to at the time of service of such summons. An employee
15shall give his employer reasonable notice of required jury
16service. An employer may not deny an employee time off for jury
17duty because such employee is then assigned to work a night
18shift of employment, that is, an employer cannot require a
19night shift worker to work while such employee is doing jury
20duty in the daytime.
21    (b) No employer shall discharge, threaten to discharge,
22intimidate or coerce any employee by reason of the employee's
23jury service, or the attendance or scheduled attendance in

 

 

HB4844- 2 -LRB104 17822 JRC 31256 b

1connection with such service, in any court of this State.
2    (c) If an employee gives reasonable notice of required
3jury service, any employer who violates the provisions of this
4Section:
5        (1) may be charged with contempt of court. In such an
6    event, the State's Attorney shall file a petition for
7    civil contempt, criminal contempt, or both, against the
8    employer to be prosecuted by the State's Attorney; and
9        (2) shall be liable for damages for any loss of wages
10    or other benefits suffered by an employee by reason of the
11    violation; and
12        (3) may be enjoined from further violations of this
13    Section and ordered to reinstate any employee discharged
14    by reason of jury service.
15    As used in this Section, "reasonable notice of required
16jury service" means that the employee summoned for jury duty
17must deliver to the employer a copy of the summons within 10
18days of the date of issuance of the summons to the employee.
19    (d) Any individual who is reinstated to a position of
20employment in accordance with this Section shall be considered
21as having been on furlough or leave of absence during his
22period of jury service, shall be reinstated to his position of
23employment without loss of seniority, and shall be entitled to
24participate in insurance or other benefits offered by the
25employer under established rules and practices relating to
26employees on furlough or leave of absence in effect with the

 

 

HB4844- 3 -LRB104 17822 JRC 31256 b

1employer at the time the individual entered upon jury service.
2    (e) In any action or proceeding under this Section, the
3court may award a prevailing employee who brings the action by
4retained counsel a reasonable attorney's fee.
5    (f) Any right or remedy provided in this Section is in
6addition to any right or remedy otherwise provided by law to an
7employee.
8    (g) Employers shall be required to compensate an employee
9at their regular rate of pay for time serving on jury duty No
10employer shall be obligated to compensate an employee for time
11taken off for jury duty.
12    (h) The official responsible for issuing the summons may
13advise the juror of his rights under this Act by printed insert
14with the summons or on the summons itself.
15(Source: P.A. 86-1395; 87-616.)
 
16    Section 10. The Jury Commission Act is amended by changing
17Section 10.1 as follows:
 
18    (705 ILCS 310/10.1)  (from Ch. 78, par. 33.1)
19    Sec. 10.1. Jury duty, notice to employer, right to time
20off. (a) Any person who is not legally disqualified to serve on
21juries, and has been duly summoned for jury duty for either
22petit or grand jury service, shall be given time off from
23employment to serve upon the jury for which such employee is
24summoned, regardless of the employment shift such employee is

 

 

HB4844- 4 -LRB104 17822 JRC 31256 b

1assigned to at the time of service of such summons. An employee
2shall give his employer reasonable notice of required jury
3service. An employer may not deny an employee time off for jury
4duty because such employee is then assigned to work a night
5shift of employment, that is, an employer cannot require a
6night shift worker to work while such employee is doing jury
7duty in the daytime.
8    (b) No employer shall discharge, threaten to discharge,
9intimidate or coerce any employee by reason of the employee's
10jury service, or the attendance or scheduled attendance in
11connection with such service, in any court of this State.
12    (c) If an employee gives reasonable notice of required
13jury service, any employer who violates the provisions of this
14Section:
15        (1) may be charged with contempt of court. In such an
16    event, the State's Attorney shall file a petition for
17    civil contempt, criminal contempt, or both, against the
18    employer to be prosecuted by the State's Attorney; and
19        (2) shall be liable for damages for any loss of wages
20    or other benefits suffered by an employee by reason of the
21    violation; and
22        (3) may be enjoined from further violations of this
23    Section and ordered to reinstate any employee discharged
24    by reason of jury service.
25    As used in this Section, "reasonable notice of required
26jury service" means that the employee summoned for jury duty

 

 

HB4844- 5 -LRB104 17822 JRC 31256 b

1must deliver to the employer a copy of the summons within 10
2days of the date of issuance of the summons to the employee.
3    (d) Any individual who is reinstated to a position of
4employment in accordance with this Section shall be considered
5as having been on furlough or leave of absence during his
6period of jury service, shall be reinstated to his position of
7employment without loss of seniority, and shall be entitled to
8participate in insurance or other benefits offered by the
9employer under established rules and practices relating to
10employees on furlough or leave of absence in effect with the
11employer at the time the individual entered upon jury service.
12    (e) In any action or proceeding under this Section, the
13court may award a prevailing employee who brings the action by
14retained counsel a reasonable attorney's fee.
15    (f) Any right or remedy provided in this Section is in
16addition to any right or remedy otherwise provided by law to an
17employee.
18    (g) Employers are required to compensate employees at the
19employee's regular rate of pay for time that the employee
20served on jury duty No employer shall be obligated to
21compensate an employee for time taken off for jury duty.
22    (h) The official responsible for issuing the summons may
23advise the juror of his rights under this Act by printed insert
24with the summons or on the summons itself.
25(Source: P.A. 86-1395; 87-616.)