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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||
5 | Healthy Workplace Act. | ||||||||||||||||||||||||||
6 | Section 5. Findings and purpose. | ||||||||||||||||||||||||||
7 | (a) The General Assembly finds: | ||||||||||||||||||||||||||
8 | (1) Nearly every worker in the State is likely to need | ||||||||||||||||||||||||||
9 | time off to attend to his or her own illness or that of a | ||||||||||||||||||||||||||
10 | family member. More than 30% of all private sector workers | ||||||||||||||||||||||||||
11 | in Illinois (almost 2,000,000 people) have no right to a | ||||||||||||||||||||||||||
12 | paid sick day. Over three-fourths of the lowest-wage | ||||||||||||||||||||||||||
13 | workers do not receive paid sick time and cannot forfeit a | ||||||||||||||||||||||||||
14 | day's work, so they often come into work sick. | ||||||||||||||||||||||||||
15 | (2) Preventive and routine medical care helps avoid | ||||||||||||||||||||||||||
16 | illness and injury by detecting illnesses early on and | ||||||||||||||||||||||||||
17 | shortening the duration of illnesses. Providing employees | ||||||||||||||||||||||||||
18 | with time off to attend to their own health care needs | ||||||||||||||||||||||||||
19 | ensures that they will be healthier and more efficient | ||||||||||||||||||||||||||
20 | employees. It will also reduce the spread of disease | ||||||||||||||||||||||||||
21 | within workplaces and to the public, such as customers, | ||||||||||||||||||||||||||
22 | when employees go to work sick, a practice known as | ||||||||||||||||||||||||||
23 | "presenteeism". Routine medical care results in savings by |
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1 | detecting and treating illness and injury early and | ||||||
2 | decreasing the need for emergency care. These savings | ||||||
3 | benefit public and private payers of health insurance. | ||||||
4 | (3) When the school of a worker's child is closed | ||||||
5 | because of extreme weather, it is often at the last minute | ||||||
6 | and workers cannot find someone to babysit, so they are | ||||||
7 | forced to stay at home to take care of their children. | ||||||
8 | (4) Nearly one-quarter of American women report | ||||||
9 | domestic violence and nearly one in 5 women report | ||||||
10 | experiencing rape at some time during their lives. Many | ||||||
11 | workers, men and women, need time off to care for their | ||||||
12 | health after these incidents or to take legal action. | ||||||
13 | Without paid time off, victims are in danger of losing | ||||||
14 | their jobs. | ||||||
15 | (5) Employed individuals who have court appointments, | ||||||
16 | sentencing hearings, probation, conditional discharge, | ||||||
17 | parole, or mandatory supervised release requirements, or | ||||||
18 | are visiting a family member in jail or prison need paid | ||||||
19 | time off work so that their families do not fall further | ||||||
20 | into economic jeopardy and so that they are not further | ||||||
21 | penalized, as these court-related events are frequently | ||||||
22 | scheduled during work hours. | ||||||
23 | (6) Employers that provide paid sick time see better | ||||||
24 | productivity, reduced flu contagion, and lower turnover, | ||||||
25 | which saves them the costs of replacing and training | ||||||
26 | workers. |
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1 | (b) This Act is enacted to establish the Healthy Workplace | ||||||
2 | Act to provide at least a minimum time-off standard of paid | ||||||
3 | sick time for all workers. | ||||||
4 | Section 10. Definitions. As used in this Act: | ||||||
5 | "Child" means a son or daughter who is a biological, | ||||||
6 | adopted, or foster child, a stepchild, a legal ward, a child of | ||||||
7 | a person standing in loco parentis, or any other individual | ||||||
8 | whose close association with the employee is the equivalent of | ||||||
9 | a child. | ||||||
10 | "Construction industry" means any constructing, altering, | ||||||
11 | reconstructing, repairing, rehabilitating, refinishing, | ||||||
12 | refurbishing, remodeling, remediating, renovating, custom | ||||||
13 | fabricating, maintenance, landscaping, improving, wrecking, | ||||||
14 | painting, decorating, demolishing, or adding to or subtracting | ||||||
15 | from any building, structure, highway, roadway, street, | ||||||
16 | bridge, alley, sewer, ditch, sewage disposal plant, | ||||||
17 | waterworks, parking facility, railroad, excavation or other | ||||||
18 | structure, project, development, real property, or | ||||||
19 | improvement, or to do any part thereof, whether or not the | ||||||
20 | performance of the work herein described involves the addition | ||||||
21 | to or fabrication into, any structure, project, development, | ||||||
22 | real property, or improvement herein described of any material | ||||||
23 | or article of merchandise. | ||||||
24 | "Construction industry" also includes moving construction | ||||||
25 | related materials on the job site or to or from the job site, |
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1 | snow plowing, snow removal, and refuse collection. | ||||||
2 | "Department" means the Illinois Department of Labor. | ||||||
3 | "Employ" means to suffer or permit to work. | ||||||
4 | "Employee" means any person who performs services for an | ||||||
5 | employer for wage, remuneration, or other compensation. This | ||||||
6 | includes persons working any number of hours, including a | ||||||
7 | full-time or part-time status. | ||||||
8 | "Employee" does not include any person who the employer | ||||||
9 | establishes: | ||||||
10 | (A) has been and will continue to be free from | ||||||
11 | control and direction over the performance of their | ||||||
12 | work, both under a contract of service and in fact; | ||||||
13 | (B) is engaged in an independently established | ||||||
14 | trade, occupation, profession or business; or | ||||||
15 | (C) is deemed a legitimate sole proprietor or | ||||||
16 | partnership. | ||||||
17 | A sole proprietor or partnership shall be deemed to be | ||||||
18 | legitimate if the employer establishes that: | ||||||
19 | (1) the sole proprietor or partnership is performing | ||||||
20 | the service free from the direction or control over the | ||||||
21 | means and manner of providing the service, subject only to | ||||||
22 | the right of the employer for whom the service is provided | ||||||
23 | to specify the desired result; | ||||||
24 | (2) the sole proprietor or partnership is not subject | ||||||
25 | to cancellation or destruction upon severance of the | ||||||
26 | relationship with the employer; |
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1 | (3) the sole proprietor or partnership has a | ||||||
2 | substantial investment of capital in the sole | ||||||
3 | proprietorship or partnership beyond the ordinary tools | ||||||
4 | and equipment and a personal vehicle; | ||||||
5 | (4) the sole proprietor or partnership owns the | ||||||
6 | capital goods and gains the profits and bears the losses | ||||||
7 | of the sole proprietorship or partnership; | ||||||
8 | (5) the sole proprietor or partnership makes its | ||||||
9 | services available to the general public on a continuing | ||||||
10 | basis; | ||||||
11 | (6) the sole proprietor or partnership includes | ||||||
12 | services rendered on a Federal Income Tax Schedule as an | ||||||
13 | independent business or profession; | ||||||
14 | (7) the sole proprietor or partnership performs | ||||||
15 | services for the contractor under the sole proprietor's or | ||||||
16 | partnership's name; | ||||||
17 | (8) when the services being provided require a license | ||||||
18 | or permit, the sole proprietor or partnership obtains and | ||||||
19 | pays for the license or permit in the sole | ||||||
20 | proprietorship's or partnership's name; | ||||||
21 | (9) the sole proprietor or partnership furnishes the | ||||||
22 | tools and equipment necessary to provide the service; | ||||||
23 | (10) if necessary, the sole proprietor or partnership | ||||||
24 | hires its own employees without approval of the employer, | ||||||
25 | pays the employees without reimbursement from the employer | ||||||
26 | and reports the employees' income to the Internal Revenue |
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1 | Service; | ||||||
2 | (11) the employer does not represent the sole | ||||||
3 | proprietorship or partnership as an employee of the | ||||||
4 | employer to the public; and | ||||||
5 | (12) the sole proprietor or partnership has the right | ||||||
6 | to perform similar services for others on whatever basis | ||||||
7 | and whenever it chooses. | ||||||
8 | Nothing in this Act shall hinder or prohibit the ability | ||||||
9 | of any employee, including those as defined in the federal | ||||||
10 | Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.) | ||||||
11 | from taking uncompensated time off due to any reason for leave | ||||||
12 | allowable for paid sick time under Section 15 of this Act. | ||||||
13 | "Employer" means any individual; person; partnership; | ||||||
14 | association; corporation; limited liability company; business | ||||||
15 | trust; employment or labor placement agency or business where | ||||||
16 | wages are made directly or indirectly by the agency or | ||||||
17 | business for work undertaken by the employee under hire to a | ||||||
18 | third party pursuant to a contact between the agency or | ||||||
19 | business with the third party; the State of Illinois and local | ||||||
20 | governments; or any political subdivision of the State or | ||||||
21 | local government, or State or local government agency; for | ||||||
22 | which one or more persons is gainfully employed, express or | ||||||
23 | implied, whether lawfully or unlawfully employed, who employs | ||||||
24 | a worker or who employs a worker not excluded as an employee | ||||||
25 | pursuant to the definition of "employee" or, notwithstanding | ||||||
26 | any other law, who is the employer or joint employer for |
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1 | collective bargaining purposes of a bargaining unit of | ||||||
2 | employees. "Employer" does not include school districts | ||||||
3 | organized under the School Code, park districts organized | ||||||
4 | under the Park District Code, or any City of Chicago Sister | ||||||
5 | Agency under the Chicago Minimum Wage and Paid Sick Leave | ||||||
6 | Ordinance as of the effective date of this Act. | ||||||
7 | "Family member" means a child, spouse, parent, child or | ||||||
8 | parent of an employee's spouse, sibling, grandparent, | ||||||
9 | grandchild, or any other individual related by blood or whose | ||||||
10 | close association with the employee is the equivalent of a | ||||||
11 | family relationship. | ||||||
12 | "Health care provider" means a person: | ||||||
13 | (1) who is: | ||||||
14 | (A) licensed to practice medicine in all of its | ||||||
15 | branches in Illinois and possesses the degree of | ||||||
16 | doctor of medicine; | ||||||
17 | (B) licensed to practice medicine in all of its | ||||||
18 | branches in Illinois and possesses the degree of | ||||||
19 | doctor of osteopathy or osteopathic medicine; | ||||||
20 | (C) licensed to practice medicine in all of its | ||||||
21 | branches or as an osteopathic physician in another | ||||||
22 | state or jurisdiction; | ||||||
23 | (D) a chiropractic physician licensed under the | ||||||
24 | Medical Practice Act of 1987; or | ||||||
25 | (E) any other person determined by final rule as | ||||||
26 | of the date this Act becomes law under the Family and |
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1 | Medical Leave Act of 1993; and | ||||||
2 | (2) who is not employed by an employer to whom the | ||||||
3 | provider issues certifications under this Act. | ||||||
4 | "Paid sick time" means a portion of or an entire scheduled | ||||||
5 | or regular workday when an employee is unable to report to work | ||||||
6 | because of a reason described in subsection (b) of Section 15. | ||||||
7 | "Parent" means a biological, adoptive, or foster parent, a | ||||||
8 | stepparent, a parent of a legal ward, a person who stands in | ||||||
9 | loco parentis to an employee or an employee's spouse, or any | ||||||
10 | other individual whose close association with the employee is | ||||||
11 | the equivalent of a parent. | ||||||
12 | "Spouse" means a party to a marriage or a party to a civil | ||||||
13 | union as defined by law. | ||||||
14 | "Victim services organization" means a nonprofit, | ||||||
15 | nongovernmental organization that provides assistance to | ||||||
16 | victims of domestic or sexual violence, including rape crisis | ||||||
17 | centers, organizations carrying out a domestic violence | ||||||
18 | program, organizations operating a shelter or providing | ||||||
19 | counseling services, and a legal services organization or | ||||||
20 | other organization providing assistance through the legal | ||||||
21 | process. | ||||||
22 | Section 15. Provision of paid sick time. | ||||||
23 | (a) An employee who works in Illinois who is absent from | ||||||
24 | work for a reason set forth in subsection (b) is entitled to | ||||||
25 | earn and use a minimum of 40 hours of paid sick time during a |
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1 | 12-month period or a pro rata number of hours of paid sick time | ||||||
2 | under the provisions of subsection (c). The 12-month period | ||||||
3 | for an employee shall be calculated annually from the date of | ||||||
4 | hire or the effective date of this Act, whichever is later. | ||||||
5 | (b) Paid sick time shall be provided to an employee by an | ||||||
6 | employer to: | ||||||
7 | (1) care for the employee's own physical or mental | ||||||
8 | illness, injury, or health condition, or seek medical | ||||||
9 | diagnosis or care, or attend a medical appointment, | ||||||
10 | provided the employee is not an employee as defined in the | ||||||
11 | federal Railroad Unemployment Insurance Act (45 U.S.C. 351 | ||||||
12 | et seq.); | ||||||
13 | (2) care for the employee's family member who is | ||||||
14 | suffering from a physical or mental illness, injury, or | ||||||
15 | health condition, or seek medical diagnosis or care, or | ||||||
16 | attend a medical appointment; | ||||||
17 | (3) care for a child whose school or place of care has | ||||||
18 | been closed by order of a public official due to a public | ||||||
19 | health emergency or to not go in to work because of the | ||||||
20 | closure of the employee's place of business by order of a | ||||||
21 | public official due to a public health emergency; | ||||||
22 | (4) be absent from work because the employee or the | ||||||
23 | employee's family member is the victim of: | ||||||
24 | (A) domestic violence as defined in Section 103(3) | ||||||
25 | of the Illinois Domestic Violence Act of 1986; or | ||||||
26 | (B) sexual violence, which means: |
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1 | (i) any conduct proscribed by Article 11 of | ||||||
2 | the Criminal Code of 2012 except Sections 11-35 | ||||||
3 | and 11-45; | ||||||
4 | (ii) Sections 12-7.3, 12-7.4, and 12-7.5 of | ||||||
5 | the Criminal Code of 2012, or | ||||||
6 | (iii) a similar provision of the Criminal Code | ||||||
7 | of 1961; | ||||||
8 | (5) be absent from work to visit the employee's family | ||||||
9 | member who is in jail or prison, for the employee to attend | ||||||
10 | his or her own or his or her family member's appointment | ||||||
11 | regarding court sentencing, probation, conditional | ||||||
12 | discharge, parole, or mandatory supervised release | ||||||
13 | requirements, or any other civil or criminal court hearing | ||||||
14 | or trial; or | ||||||
15 | (6) care for the employee's own illness or the | ||||||
16 | employee's family member who is suffering from an illness, | ||||||
17 | injury, or health condition, or seek medical diagnosis or | ||||||
18 | care, or attend a medical appointment arising out of | ||||||
19 | exposure to COVID-19. | ||||||
20 | (c) Paid sick time shall accrue at the rate of one hour of | ||||||
21 | paid sick time for every 40 hours worked up to a minimum of 40 | ||||||
22 | hours of paid sick time unless the employer selects a higher | ||||||
23 | limit. Employees who are exempt from the overtime requirements | ||||||
24 | of the federal Fair Labor Standards Act (29 U.S.C. 213(a)(1)) | ||||||
25 | shall be deemed to work 40 hours in each work week for purposes | ||||||
26 | of paid sick time accrual unless their normal work week is less |
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1 | than 40 hours, in which case paid sick time accrues based on | ||||||
2 | that normal work week. Employees shall determine how much paid | ||||||
3 | sick time they need to use, provided that employers may set a | ||||||
4 | reasonable minimum increment for the use of paid sick time not | ||||||
5 | to exceed 4 hours per day. | ||||||
6 | (d) Employees shall be paid their regular rate of pay for | ||||||
7 | paid sick time. However, employees engaged in an occupation in | ||||||
8 | which gratuities or commissions have customarily and usually | ||||||
9 | constituted and have been recognized as part of the | ||||||
10 | remuneration for hire purposes shall be paid by their employer | ||||||
11 | at least the full minimum wage in the jurisdiction in which | ||||||
12 | they are employed when paid sick time is taken. Paid sick time | ||||||
13 | under this Act shall not be charged or otherwise credited to | ||||||
14 | employee vacation accounts. | ||||||
15 | (e) Paid sick time shall begin to accrue at the | ||||||
16 | commencement of employment or on the effective date of this | ||||||
17 | Act, whichever is later. Employees shall be entitled to begin | ||||||
18 | using paid sick time 180 days following commencement of their | ||||||
19 | employment or 180 days following the effective date of this | ||||||
20 | Act, whichever is later. Nothing in this Section shall be | ||||||
21 | construed to discourage or prohibit an employer from allowing | ||||||
22 | the use of paid sick time at an earlier date than this Section | ||||||
23 | requires. Nothing in this Act shall be construed to discourage | ||||||
24 | employers from adopting or retaining paid sick time policies | ||||||
25 | more generous than policies that comply with the requirements | ||||||
26 | of this Act. |
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1 | (f) An employer may require certification of the | ||||||
2 | qualifying illness, injury, or health condition, or for time | ||||||
3 | used pursuant to item (1) or (2) of subsection (b), when paid | ||||||
4 | sick time used covers more than 3 consecutive workdays. Any | ||||||
5 | reasonable documentation signed by a health care provider of | ||||||
6 | the employee's choice involved in following or treating the | ||||||
7 | illness, injury, or health condition, and indicating the need | ||||||
8 | for the amount of sick time taken, shall be deemed acceptable | ||||||
9 | certification. Nothing in this Act shall be construed to | ||||||
10 | require an employee to provide as certification any | ||||||
11 | information from a health care provider that would be a | ||||||
12 | disclosure in violation of Section 1177 of the Social Security | ||||||
13 | Act or the regulations promulgated pursuant to the federal | ||||||
14 | Health Insurance Portability and Accountability Act of 1996. | ||||||
15 | If an employer possesses health information or any information | ||||||
16 | related to domestic or sexual violence about an employee or | ||||||
17 | employee's family member, the information shall be treated as | ||||||
18 | confidential and not disclosed except with the permission of | ||||||
19 | the affected employee. For paid sick time used pursuant to | ||||||
20 | item (4) of subsection (b), any one of the following is | ||||||
21 | acceptable documentation, and only one of the following shall | ||||||
22 | be required: a police report, court document, any reasonable | ||||||
23 | documentation signed by a health care provider, or signed | ||||||
24 | statement from an attorney, a member of the clergy, a victim | ||||||
25 | services organization or advocate, or the employee. It is up | ||||||
26 | to the employee to determine which documentation to submit. If |
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1 | a document has been submitted, the employer shall not request | ||||||
2 | or require any other document if the reason for the sick time | ||||||
3 | is related to the same incident of violence or the same | ||||||
4 | perpetrator of the violence. The employer shall not delay the | ||||||
5 | commencement of leave taken for purposes of subsection (b) nor | ||||||
6 | delay pay for this period on the basis that the employer has | ||||||
7 | not yet received the certification. | ||||||
8 | (g) Paid sick time shall be provided upon the oral request | ||||||
9 | of an employee. If the necessity for paid sick time under this | ||||||
10 | Act is foreseeable, the employee shall provide the employer | ||||||
11 | with not less than 7 days' notice before the date the leave is | ||||||
12 | to begin. If the necessity for leave is not foreseeable, the | ||||||
13 | employee shall provide such notice as soon as is practical | ||||||
14 | after the employee is aware of the necessity of the leave. An | ||||||
15 | employer may not require, as a condition of providing paid | ||||||
16 | sick time under this Act, that the employee search for or find | ||||||
17 | a replacement worker to cover the hours during which the | ||||||
18 | employee is on paid sick time leave. | ||||||
19 | (h) Paid sick time shall carry over annually to the extent | ||||||
20 | not used by the employee, provided that nothing in this Act | ||||||
21 | shall be construed to require an employer to allow use of more | ||||||
22 | than 40 hours of paid sick time for an employee unless the | ||||||
23 | employer agrees to do so. | ||||||
24 | (i) It is unlawful for an employer to interfere with, | ||||||
25 | restrain, deny, change work days or hours scheduled to avoid | ||||||
26 | paying sick time, or discipline an employee for the exercise |
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1 | of, or the attempt to exercise, any right provided under or in | ||||||
2 | connection with this Act, including considering the use of | ||||||
3 | paid sick time as a negative factor in an employment action | ||||||
4 | that involves hiring, terminating, evaluating, promoting, | ||||||
5 | disciplining, or counting the paid sick time under a no-fault | ||||||
6 | attendance policy. | ||||||
7 | (j) During any period an employee takes leave under this | ||||||
8 | Act, the employer shall maintain coverage for the employee and | ||||||
9 | any family member under any group health plan for the duration | ||||||
10 | of such leave at least the level and conditions of coverage as | ||||||
11 | would have been provided if the employee had not taken the | ||||||
12 | leave. | ||||||
13 | (k) Nothing in this Section shall be construed as | ||||||
14 | requiring financial or other payment to an employee from an | ||||||
15 | employer upon the employee's termination, resignation, | ||||||
16 | retirement, or other separation from employment for accrued | ||||||
17 | paid sick time that has not been used. | ||||||
18 | (l) Nothing in this Section shall be construed to prohibit | ||||||
19 | an employer from taking disciplinary action, up to and | ||||||
20 | including termination, against an employee who uses paid sick | ||||||
21 | time provided pursuant to this Act for purposes other than | ||||||
22 | those described in this Section. | ||||||
23 | (m) If an employee is transferred to a separate division, | ||||||
24 | entity, or location, but remains employed by the same | ||||||
25 | employer, the employee is entitled to all paid sick time | ||||||
26 | accrued at the prior division, entity, or location and is |
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1 | entitled to use all paid sick time as provided in this Section. | ||||||
2 | If there is a separation from employment and the employee is | ||||||
3 | rehired within 12 months of separation by the same employer, | ||||||
4 | previously accrued paid sick time that had not been used shall | ||||||
5 | be reinstated. The employee shall be entitled to use accrued | ||||||
6 | paid sick time at the commencement of employment following a | ||||||
7 | separation from employment of 12 months or less. | ||||||
8 | (n) Nothing in this Section shall be deemed to interfere | ||||||
9 | with, impede, or in any way diminish the right of employees to | ||||||
10 | bargain collectively with their employers through | ||||||
11 | representatives of their own choosing in order to establish | ||||||
12 | wages or other conditions of work in excess of the applicable | ||||||
13 | minimum standards of the provisions of this Act. Nothing in | ||||||
14 | this Section shall be deemed to affect the validity or change | ||||||
15 | the terms of bona fide collective bargaining agreements in | ||||||
16 | force on the effective date of this Act. After the effective | ||||||
17 | date of this Act, requirements of this Section may be waived in | ||||||
18 | a bona fide collective bargaining agreement, but only if the | ||||||
19 | waiver is set forth explicitly in such agreement in clear and | ||||||
20 | unambiguous terms. In no event shall this Section apply to any | ||||||
21 | employee working in the construction industry who is covered | ||||||
22 | by a bona fide collective bargaining agreement. | ||||||
23 | Section 20. Related employer responsibilities. | ||||||
24 | (a) An employer subject to any provision of this Act shall | ||||||
25 | make and preserve records documenting hours worked by |
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1 | employees and the amount of paid sick time taken by employees | ||||||
2 | for a period of not less than 3 years and shall allow the | ||||||
3 | Department access to such records, with appropriate notice and | ||||||
4 | a mutually agreeable time, to monitor compliance with the | ||||||
5 | requirements of this Section. In addition, the records shall | ||||||
6 | be preserved for the duration of any claim pending pursuant to | ||||||
7 | Section 35 of this Act. | ||||||
8 | (b) An agreement by employees to waive their rights under | ||||||
9 | this Act, except as allowed under subsection (n) of Section | ||||||
10 | 15, is void as against public policy. | ||||||
11 | (c) Employers who have a paid time off policy that | ||||||
12 | complies with the requirements of this Act are not required to | ||||||
13 | modify the policy if such policy offers an employee the | ||||||
14 | option, at the employee's discretion, to take paid sick time | ||||||
15 | that is at least equivalent to the paid sick time described in | ||||||
16 | this Act. | ||||||
17 | (d) An employer shall post and keep posted in a | ||||||
18 | conspicuous place on the premises of the employer where | ||||||
19 | notices to employees are customarily posted, and include in an | ||||||
20 | employee manual or policy if the employer has one, a notice, to | ||||||
21 | be prepared by the Department, summarizing the requirements of | ||||||
22 | this Act and information pertaining to the filing of a charge. | ||||||
23 | If an employer's workforce is comprised of a significant | ||||||
24 | portion of workers who are not literate in English, the | ||||||
25 | employer is responsible for providing the notice in a language | ||||||
26 | in which the employees are literate. An employer who willfully |
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1 | violates the notice and posting requirements of this Section | ||||||
2 | shall be subject to a civil penalty to be paid to the employee | ||||||
3 | in an amount not to exceed $100 for each separate offense. | ||||||
4 | Section 25. Unlawful employer practices. It is unlawful | ||||||
5 | for any employer to retaliate or otherwise take any adverse | ||||||
6 | action against an employee because the employee (1) exercises | ||||||
7 | rights or attempts to exercise rights under this Act, (2) | ||||||
8 | opposes practices which such employee believes to be in | ||||||
9 | violation of this Act, or (3) supports the exercise of rights | ||||||
10 | of another under this Act. Such unlawful employer practices | ||||||
11 | include, but are not limited to, any reference to the | ||||||
12 | employee's or any of the employee's family members' | ||||||
13 | citizenship or immigration status, or any threat to contact or | ||||||
14 | actual contact with any local, State, or federal government | ||||||
15 | entities regarding the employee's or any of the employee's | ||||||
16 | family members' citizenship or immigration status, or sexual | ||||||
17 | harassment. Exercising rights under this Act includes filing | ||||||
18 | an action or instituting or causing to be instituted any | ||||||
19 | proceeding under or related to this Act; providing or agreeing | ||||||
20 | to provide any information in connection with any inquiry or | ||||||
21 | proceeding relating to any right provided under this Act; or | ||||||
22 | testifying to or agreeing to testify in any inquiry or | ||||||
23 | proceeding relating to any right provided under this Act. | ||||||
24 | Section 30. Department responsibilities. |
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1 | (a) The Department shall administer and enforce this Act | ||||||
2 | and adopt rules under the Illinois Administrative Procedure | ||||||
3 | Act for the purpose of this Act. The Department shall have the | ||||||
4 | powers and the parties shall have the rights provided in the | ||||||
5 | Illinois Administrative Procedure Act for contested cases. The | ||||||
6 | Department shall have the power to conduct investigations in | ||||||
7 | connection with the administration and enforcement of this | ||||||
8 | Act, including the power to conduct depositions and discovery | ||||||
9 | and to issue subpoenas. If the Department finds cause to | ||||||
10 | believe that this Act has been violated, the Department shall | ||||||
11 | notify the parties in writing and the matter shall be referred | ||||||
12 | to an Administrative Law Judge to schedule a formal hearing in | ||||||
13 | accordance with hearing procedures established by rule. | ||||||
14 | Administrative decisions shall be reviewed under the | ||||||
15 | Administrative Review Law. | ||||||
16 | (b) The Department is authorized to impose civil penalties | ||||||
17 | prescribed in Section 35 in administrative proceedings that | ||||||
18 | comply with the Illinois Administrative Procedure Act and to | ||||||
19 | supervise the payment of the unpaid wages and damages owing to | ||||||
20 | the employee or employees under this Act. The Department may | ||||||
21 | bring any legal action necessary to recover the amount of | ||||||
22 | unpaid wages, damages, and penalties, and the employer shall | ||||||
23 | be required to pay the costs. Any sums recovered by the | ||||||
24 | Department on behalf of an employee under this Act shall be | ||||||
25 | paid to the employee or employees affected. However, 20% of | ||||||
26 | any penalty collected from the employer for a violation of |
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1 | this Act shall be deposited into the Healthy Workplace Fund, a | ||||||
2 | special fund created in the State treasury that is dedicated | ||||||
3 | to enforcing this Act. | ||||||
4 | (c) The Attorney General may bring an action to enforce | ||||||
5 | the collection of any civil penalty imposed under this Act. | ||||||
6 | Section 35. Enforcement. | ||||||
7 | (a) An employee who believes his or her rights under this | ||||||
8 | Act or any rule adopted under this Act have been violated may, | ||||||
9 | within 3 years after the date of the last event constituting | ||||||
10 | the alleged violation for which the action is brought, file a | ||||||
11 | complaint with the Department or file a civil action. | ||||||
12 | (b) Any employer that violates this Act is liable in a | ||||||
13 | claim filed with the Department or in a civil action in circuit | ||||||
14 | court to any affected individuals for actual and compensatory | ||||||
15 | damages, with interest at the prevailing rate, punitive | ||||||
16 | damages, and such equitable relief as may be appropriate, in | ||||||
17 | addition to reasonable attorney's fees, reasonable expert | ||||||
18 | witness fees, and other costs of the action to be paid by the | ||||||
19 | defendant. A civil action may be brought without first filing | ||||||
20 | a complaint with the Department. Administrative decisions are | ||||||
21 | reviewable under the Administrative Review Law. | ||||||
22 | (c) Any employer that the Department or a court finds by a | ||||||
23 | preponderance of the evidence to have knowingly, repeatedly, | ||||||
24 | or with reckless disregard violated any provision of this Act | ||||||
25 | or any rule adopted under this Act is subject to a civil money |
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1 | penalty to be paid to the employee not to exceed $2,500 for | ||||||
2 | each separate offense. | ||||||
3 | Section 90. The State Finance Act is amended by adding | ||||||
4 | Section 5.935 as follows: | ||||||
5 | (30 ILCS 105/5.935 new) | ||||||
6 | Sec. 5.935. The Healthy Workplace Fund. | ||||||
7 | Section 97. Severability. The provisions of this Act are | ||||||
8 | severable under Section 1.31 of the Statute on Statutes.
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9 | Section 99. Effective date. This Act takes effect July 1, | ||||||
10 | 2021.
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