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| 1 | AN ACT concerning courts. | |||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||||
| 4 | Section 5. The Jury Act is amended by changing Section 4.1 | |||||||||||||||||||||
| 5 | as 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 | |||||||||||||||||||||
| 8 | off. | |||||||||||||||||||||
| 9 | (a) Any person who is not legally disqualified to serve on | |||||||||||||||||||||
| 10 | juries, and has been duly summoned for jury duty for either | |||||||||||||||||||||
| 11 | petit or grand jury service, shall be given time off from | |||||||||||||||||||||
| 12 | employment to serve upon the jury for which such employee is | |||||||||||||||||||||
| 13 | summoned, regardless of the employment shift such employee is | |||||||||||||||||||||
| 14 | assigned to at the time of service of such summons. An employee | |||||||||||||||||||||
| 15 | shall give his employer reasonable notice of required jury | |||||||||||||||||||||
| 16 | service. An employer may not deny an employee time off for jury | |||||||||||||||||||||
| 17 | duty because such employee is then assigned to work a night | |||||||||||||||||||||
| 18 | shift of employment, that is, an employer cannot require a | |||||||||||||||||||||
| 19 | night shift worker to work while such employee is doing jury | |||||||||||||||||||||
| 20 | duty in the daytime. | |||||||||||||||||||||
| 21 | (b) No employer shall discharge, threaten to discharge, | |||||||||||||||||||||
| 22 | intimidate or coerce any employee by reason of the employee's | |||||||||||||||||||||
| 23 | jury service, or the attendance or scheduled attendance in | |||||||||||||||||||||
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| 1 | connection with such service, in any court of this State. | ||||||
| 2 | (c) If an employee gives reasonable notice of required | ||||||
| 3 | jury service, any employer who violates the provisions of this | ||||||
| 4 | Section: | ||||||
| 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 | ||||||
| 16 | jury service" means that the employee summoned for jury duty | ||||||
| 17 | must deliver to the employer a copy of the summons within 10 | ||||||
| 18 | days of the date of issuance of the summons to the employee. | ||||||
| 19 | (d) Any individual who is reinstated to a position of | ||||||
| 20 | employment in accordance with this Section shall be considered | ||||||
| 21 | as having been on furlough or leave of absence during his | ||||||
| 22 | period of jury service, shall be reinstated to his position of | ||||||
| 23 | employment without loss of seniority, and shall be entitled to | ||||||
| 24 | participate in insurance or other benefits offered by the | ||||||
| 25 | employer under established rules and practices relating to | ||||||
| 26 | employees on furlough or leave of absence in effect with the | ||||||
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| 1 | employer at the time the individual entered upon jury service. | ||||||
| 2 | (e) In any action or proceeding under this Section, the | ||||||
| 3 | court may award a prevailing employee who brings the action by | ||||||
| 4 | retained counsel a reasonable attorney's fee. | ||||||
| 5 | (f) Any right or remedy provided in this Section is in | ||||||
| 6 | addition to any right or remedy otherwise provided by law to an | ||||||
| 7 | employee. | ||||||
| 8 | (g) Employers shall be required to compensate an employee | ||||||
| 9 | at their regular rate of pay for time serving on jury duty No | ||||||
| 10 | employer shall be obligated to compensate an employee for time | ||||||
| 11 | taken off for jury duty. | ||||||
| 12 | (h) The official responsible for issuing the summons may | ||||||
| 13 | advise the juror of his rights under this Act by printed insert | ||||||
| 14 | with 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 | ||||||
| 17 | Section 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 | ||||||
| 20 | off. (a) Any person who is not legally disqualified to serve on | ||||||
| 21 | juries, and has been duly summoned for jury duty for either | ||||||
| 22 | petit or grand jury service, shall be given time off from | ||||||
| 23 | employment to serve upon the jury for which such employee is | ||||||
| 24 | summoned, regardless of the employment shift such employee is | ||||||
| |||||||
| |||||||
| 1 | assigned to at the time of service of such summons. An employee | ||||||
| 2 | shall give his employer reasonable notice of required jury | ||||||
| 3 | service. An employer may not deny an employee time off for jury | ||||||
| 4 | duty because such employee is then assigned to work a night | ||||||
| 5 | shift of employment, that is, an employer cannot require a | ||||||
| 6 | night shift worker to work while such employee is doing jury | ||||||
| 7 | duty in the daytime. | ||||||
| 8 | (b) No employer shall discharge, threaten to discharge, | ||||||
| 9 | intimidate or coerce any employee by reason of the employee's | ||||||
| 10 | jury service, or the attendance or scheduled attendance in | ||||||
| 11 | connection with such service, in any court of this State. | ||||||
| 12 | (c) If an employee gives reasonable notice of required | ||||||
| 13 | jury service, any employer who violates the provisions of this | ||||||
| 14 | Section: | ||||||
| 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 | ||||||
| 26 | jury service" means that the employee summoned for jury duty | ||||||
| |||||||
| |||||||
| 1 | must deliver to the employer a copy of the summons within 10 | ||||||
| 2 | days of the date of issuance of the summons to the employee. | ||||||
| 3 | (d) Any individual who is reinstated to a position of | ||||||
| 4 | employment in accordance with this Section shall be considered | ||||||
| 5 | as having been on furlough or leave of absence during his | ||||||
| 6 | period of jury service, shall be reinstated to his position of | ||||||
| 7 | employment without loss of seniority, and shall be entitled to | ||||||
| 8 | participate in insurance or other benefits offered by the | ||||||
| 9 | employer under established rules and practices relating to | ||||||
| 10 | employees on furlough or leave of absence in effect with the | ||||||
| 11 | employer at the time the individual entered upon jury service. | ||||||
| 12 | (e) In any action or proceeding under this Section, the | ||||||
| 13 | court may award a prevailing employee who brings the action by | ||||||
| 14 | retained counsel a reasonable attorney's fee. | ||||||
| 15 | (f) Any right or remedy provided in this Section is in | ||||||
| 16 | addition to any right or remedy otherwise provided by law to an | ||||||
| 17 | employee. | ||||||
| 18 | (g) Employers are required to compensate employees at the | ||||||
| 19 | employee's regular rate of pay for time that the employee | ||||||
| 20 | served on jury duty No employer shall be obligated to | ||||||
| 21 | compensate an employee for time taken off for jury duty. | ||||||
| 22 | (h) The official responsible for issuing the summons may | ||||||
| 23 | advise the juror of his rights under this Act by printed insert | ||||||
| 24 | with the summons or on the summons itself. | ||||||
| 25 | (Source: P.A. 86-1395; 87-616.) | ||||||