HB3297 99TH GENERAL ASSEMBLY

LRB099 07119 JLS 31012 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3297

Introduced , by Rep. Christian L. Mitchell

SYNOPSIS AS INTRODUCED:

New Act

Creates the Employee Paid Health Care Time Act. Provides that employees shall accrue paid health care time at a rate of not less than one hour for every 22 hours worked for an employer with 50 or more employees and at a rate of one hour for every 40 hours worked for an employer with fewer than 50 employees. Sets forth purposes for which paid health care time may be used. Applies to employers employing one or more individuals. Prohibits retaliation by employers. Defines terms. Provides that a violation by an employer is a petty offense with a fine of $500. Effective July 1, 2015.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Employee Paid Health Care Time Act.

Section 5. Definitions. In this Act:

"Director" means the Director of Labor.

"Employee" means an individual permitted to work by an employer.

"Employer" means an individual, organization, governmental body, partnership, association, corporation, limited liability company, or other entity doing business in or operating within this State that employs one or more individuals.

"Retaliatory action" means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms or conditions of employment for any employee that is taken in retaliation for an employee's exercise of his or her rights under this Act.

Section 10. Paid health care time.

(a) A full-time or part-time employee of a company with 50 or more employees shall accrue not less than one hour of paid health care time for every 22 hours worked. A full-time or part-time employee of a company with fewer than 50 employees shall accrue not less than one hour of paid health care time for every 40 hours worked. In the absence of a more generous paid health care time plan, an employer may:

(1) limit the amount of paid health care time accrued to a maximum of 56 hours in a 12-month period;

(2) limit to 40 hours the number of hours in the workweek for which full-time employees not subject to the overtime provisions of the Federal Fair Labor Standards Act (29 U.S.C. 213(a)(1)) may accrue paid health care time; or

(3) incorporate paid health care time within a complement of paid leave for its employees that provides no less than the minimum required by this Section.

(b) Paid health care time shall be compensated at the same hourly rate and with the same benefits, including health care benefits, as the employee normally earns for hours worked. Service or tipped employees shall be compensated at an amount that is not less than the minimum wage required for non-service or non-tipped employees under the Minimum Wage Law.

(c) An employee may use paid health care time for any of the following reasons:

(1) The employee is ill or injured.

(2) The employee obtains professional diagnostic, preventive, routine, or therapeutic health care.

(3) The employee cares for a sick or injured child, parent, parent-in-law, grandparent, spouse, domestic partner, stepchild, foster child, or ward of the employee who lives with the employee, including helping that individual obtain diagnostic, preventive, routine, or therapeutic health treatment.

(d) Unless an employer and its employees agree to paid health care time provisions more generous to employees with respect to accrual rates and maximum hours:

(1) An employee shall use paid health care time in the smallest time increment that the employer's payroll system uses to account for other absences, when the employee's absence is shorter than a normal workday.

(2) Paid health care time that is accrued but unused shall be carried over to the next year, but an employee may use no more than 56 hours of paid health care in any one year, unless the employer provides a more generous allotment.

(3) Upon separation from employment, an employee shall not be entitled to payment for unused paid health care time unless agreed upon by the employer.

(4) At the employer's discretion, an employee may borrow paid health care time before the time is actually accrued.

(5) An employee who is rehired within 12 months after a separation from employment shall retain paid health care time accrued but unused at the time of separation.

(e) An employer with a paid health care time policy that is comparable to or more generous than the paid health care time provided under this Section is not required to provide additional paid health care time.

(f) An employer may not require an employee to look for or provide a replacement worker for the time during which the employee uses or is expected to use paid health care time.

(g) An employer may require an employee planning to take paid health care time to notify the employer as soon as practical by providing an explanation of the reason for taking paid health care time and for the expected duration of the employee's absence.

(h) An employer may require certification from a health care provider to verify the need for paid health care time when the employee is absent or plans to be absent for more than 3 consecutive workdays.

If the reason that the employee has been absent for more than 3 consecutive workdays is due to domestic violence, sexual assault, or stalking, the employee may provide certification by means of a sworn statement from the employee or law enforcement or court records or other documentation from an attorney or legal advisor, member of the clergy, or health care provider. An employer receiving information relating to domestic violence, sexual assault, or stalking shall not disclose the information unless the employee has consented in writing to the disclosure. If the employer is required by law to disclose this information, the employer shall notify the employee at the time the notice or request for disclosure is received by the employer and prior to disclosure.

The employee shall provide the certification no later than 30 days after it is requested by the employer. The employer shall pay the cost of or reimburse the employee for any out-of-pocket costs related to providing this certification.

(i) An employer shall post notice of the provisions of this Act in a form provided by the Director in a place conspicuous to employees at the employer's place of business.

Section 15. Retaliation prohibited. An employer may not take retaliatory action against an employee for exercising his or her rights under this Act.

Section 20. Penalty. An employer that violates this Act is guilty of a petty offense. The penalty is a fine in the amount of $500.

Section 99. Effective date. This Act takes effect July 1, 2015.