Rep. Jehan Gordon-Booth
Filed: 1/10/2023
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1 | AMENDMENT TO SENATE BILL 208
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2 | AMENDMENT NO. ______. Amend Senate Bill 208, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the Paid | ||||||
6 | Leave for All Workers Act. | ||||||
7 | Section 5. Findings; legislative intent; construction. | ||||||
8 | (a) The General Assembly finds that it is in the public | ||||||
9 | policy interests of the State for all working Illinoisans to | ||||||
10 | have some paid leave from work to maintain their health and | ||||||
11 | well-being, care for their families, or use for any other | ||||||
12 | reason of their choosing. | ||||||
13 | (b) It is the intent of the General Assembly by enacting | ||||||
14 | this Act: | ||||||
15 | (1) To establish a minimum paid leave standard for all | ||||||
16 | workers in Illinois. |
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1 | (2) To provide employment security and economic | ||||||
2 | security for employees who need to use paid time off from | ||||||
3 | work for any reason. | ||||||
4 | (3) To safeguard the welfare, health, safety, and | ||||||
5 | prosperity of the people of Illinois. | ||||||
6 | (4) To ensure that an employee not be denied use of | ||||||
7 | leave for noncompliance with leave notification policies | ||||||
8 | if the employer has not provided a written copy of its | ||||||
9 | notification policy to the employee. | ||||||
10 | In order to effectuate this intent, the provisions of this | ||||||
11 | Act shall be liberally construed in favor of providing workers | ||||||
12 | with the greatest amount of paid time off from work and | ||||||
13 | employment security. | ||||||
14 | (c) Nothing in this Act shall be construed to discourage | ||||||
15 | employers from adopting or retaining paid sick leave, paid | ||||||
16 | vacation, paid holidays, or any other paid time off or paid | ||||||
17 | leave policy more generous than policies that comply with the | ||||||
18 | requirements of this Act. Nothing in this Act shall be | ||||||
19 | construed to discourage or prohibit an employer from allowing | ||||||
20 | the use of paid leave at an earlier date than this Act | ||||||
21 | requires. | ||||||
22 | Unless otherwise provided in a collective bargaining | ||||||
23 | agreement, nothing in this Act shall be construed to waive or | ||||||
24 | otherwise limit an employee's right to final compensation for | ||||||
25 | any type of leave promised to be paid under a contract of | ||||||
26 | employment or employment policy and earned by the employee |
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1 | pursuant to the Illinois Wage Payment and Collection Act. | ||||||
2 | Section 10. Definitions. As used in this Act: | ||||||
3 | "Construction industry" means any constructing, altering, | ||||||
4 | reconstructing, repairing, rehabilitating, refinishing, | ||||||
5 | refurbishing, remodeling, remediating, renovating, custom | ||||||
6 | fabricating, maintenance, landscaping, improving, wrecking, | ||||||
7 | painting, decorating, demolishing, or adding to or subtracting | ||||||
8 | from any building, structure, highway, roadway, street, | ||||||
9 | bridge, alley, sewer, ditch, sewage disposal plant, | ||||||
10 | waterworks, parking facility, railroad, excavation or other | ||||||
11 | structure, project, development, real property, or | ||||||
12 | improvement, or to do any part thereof, whether or not the | ||||||
13 | performance of the work herein described involves the addition | ||||||
14 | to or fabrication into, any structure, project, development, | ||||||
15 | real property, or improvement herein described of any material | ||||||
16 | or article of merchandise. | ||||||
17 | "Construction industry" also includes moving construction | ||||||
18 | related materials on the job site or to or from the job site, | ||||||
19 | snow plowing, snow removal, and refuse collection. | ||||||
20 | "Department" means the Illinois Department of Labor. | ||||||
21 | "Domestic work" and "domestic worker" have the same | ||||||
22 | meanings as defined in Section 10 of the Domestic Workers' | ||||||
23 | Bill of Rights Act, except that "domestic worker" also | ||||||
24 | includes independent contractors, sole proprietors, and | ||||||
25 | partnerships. |
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1 | "Employee" has the same application and meaning as that | ||||||
2 | provided in Sections 1 and 2 of the Illinois Wage Payment and | ||||||
3 | Collection Act. "Employee" also includes all domestic workers, | ||||||
4 | and, for the purposes of this Act, domestic workers shall not | ||||||
5 | be excluded as employees under the provisions of item (1), | ||||||
6 | (2), or (3) of Section 2 of the Illinois Wage Payment and | ||||||
7 | Collection Act. "Employee" does not include: | ||||||
8 | (1) an employee as defined in the federal Railroad | ||||||
9 | Unemployment Insurance Act (45 U.S.C. 351 et seq.) or the | ||||||
10 | Railway Labor Act; | ||||||
11 | (2) a student enrolled in and regularly attending | ||||||
12 | classes in a college or university that is also the | ||||||
13 | student's employer, and who is employed on a temporary | ||||||
14 | basis at less than full time at the college or university, | ||||||
15 | but this exclusion applies only to work performed for that | ||||||
16 | college or university; or | ||||||
17 | (3) a short-term employee who is employed by an | ||||||
18 | institution of higher education for less than 2 | ||||||
19 | consecutive calendar quarters during a calendar year and | ||||||
20 | who does not have a reasonable expectation that they will | ||||||
21 | be rehired by the same employer of the same service in a | ||||||
22 | subsequent calendar year. | ||||||
23 | "Employer" has the same application and meaning as that | ||||||
24 | provided in Sections 1 and 2 of the Illinois Wage Payment and | ||||||
25 | Collection Act, except that for purposes of this Act, | ||||||
26 | "employer" also means the State and units of local government, |
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1 | any political subdivision of the State or units of local | ||||||
2 | government, or any State or local government agency. | ||||||
3 | "Employer" does not include school districts organized | ||||||
4 | under the School Code or park districts organized under the | ||||||
5 | Park District Code. | ||||||
6 | "Writing" or "written" means a printed or printable | ||||||
7 | communication in physical or electronic format, including a | ||||||
8 | communication that is transmitted through electronic mail, | ||||||
9 | text message, or a computer system or is otherwise sent or | ||||||
10 | stored electronically. | ||||||
11 | Section 15. Provision of paid leave. | ||||||
12 | (a) An employee who works in Illinois is entitled to earn | ||||||
13 | and use up to a minimum of 40 hours of paid leave during a | ||||||
14 | 12-month period or a pro rata number of hours of paid leave | ||||||
15 | under the provisions of subsection (b). The paid leave may be | ||||||
16 | used by the employee for any purpose as long as the paid leave | ||||||
17 | is taken in accordance with the provisions of this Act. | ||||||
18 | (b) Paid leave under this Act shall accrue at the rate of | ||||||
19 | one hour of paid leave for every 40 hours worked up to a | ||||||
20 | minimum of 40 hours of paid leave or such greater amount if the | ||||||
21 | employer provides more than 40 hours. Employees who are exempt | ||||||
22 | from the overtime requirements of the federal Fair Labor | ||||||
23 | Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40 | ||||||
24 | hours in each workweek for purposes of paid leave accrual | ||||||
25 | unless their regular workweek is less than 40 hours, in which |
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1 | case paid leave accrues based on that regular workweek. | ||||||
2 | Employees shall determine how much paid leave they need to | ||||||
3 | use, however employers may set a reasonable minimum increment | ||||||
4 | for the use of paid leave not to exceed 2 hours per day. If an | ||||||
5 | employee's scheduled workday is less than 2 hours day, the | ||||||
6 | employee's scheduled workday shall be used to determine the | ||||||
7 | amount of paid leave. | ||||||
8 | (c) An employer may make available the minimum number of | ||||||
9 | hours of paid leave, subject to pro rata requirements provided | ||||||
10 | in subsection (b), to an employee on the first day of | ||||||
11 | employment or the first day of the 12-month period. Employers | ||||||
12 | that provide the minimum number of hours of paid leave to an | ||||||
13 | employee on the first day of employment or the first day of the | ||||||
14 | 12-month period are not required to carryover paid leave from | ||||||
15 | 12-month period to 12-month period and may require employees | ||||||
16 | to use all paid leave prior to the end of the benefit period or | ||||||
17 | forfeit the unused paid leave. However, under no circumstances | ||||||
18 | shall an employee be credited with paid leave that is less than | ||||||
19 | what the employee would have accrued under subsections (a) and | ||||||
20 | (g) of this Section. | ||||||
21 | (d) The 12-month period may be any consecutive 12-month | ||||||
22 | period designated by the employer in writing at the time of | ||||||
23 | hire. Changes to the 12-month period may be made by the | ||||||
24 | employer if notice is given to employees in writing prior to | ||||||
25 | the change and the change does not reduce the eligible accrual | ||||||
26 | rate and paid leave available to the employee. If the employer |
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1 | changes the designated 12-month period, the employer shall | ||||||
2 | provide the employee with documentation of the balance of | ||||||
3 | hours worked, paid leave accrued and taken, and the remaining | ||||||
4 | paid leave balance. | ||||||
5 | (e) Paid leave under this Act may be taken by an employee | ||||||
6 | for any reason of the employee's choosing. An employee is not | ||||||
7 | required to provide an employer a reason for the leave and may | ||||||
8 | not be required to provide documentation or certification as | ||||||
9 | proof or in support of the leave. An employee may choose | ||||||
10 | whether to use paid leave provided under this Act prior to | ||||||
11 | using any other leave provided by the employer or State law. | ||||||
12 | (f) Employees shall be paid their hourly rate of pay for | ||||||
13 | paid leave. However, employees engaged in an occupation in | ||||||
14 | which gratuities or commissions have customarily and usually | ||||||
15 | constituted and have been recognized as part of the | ||||||
16 | remuneration for hire purposes shall be paid by their employer | ||||||
17 | at least the full minimum wage in the jurisdiction in which | ||||||
18 | they are employed when paid leave is taken. This wage shall be | ||||||
19 | treated as the employee's regular rate of pay for purposes of | ||||||
20 | this Act. | ||||||
21 | (g) Paid leave under this Act shall begin to accrue at the | ||||||
22 | commencement of employment or on the effective date of this | ||||||
23 | Act, whichever is later. Employees shall be entitled to begin | ||||||
24 | using paid leave 90 days following commencement of their | ||||||
25 | employment or 90 days following the effective date of this | ||||||
26 | Act, whichever is later. |
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1 | (h) Paid leave under this Act shall be provided upon the | ||||||
2 | oral or written request of an employee in accordance with the | ||||||
3 | employer's reasonable paid leave policy notification | ||||||
4 | requirements which may include the following: | ||||||
5 | (1) If use of paid leave under this Act is | ||||||
6 | foreseeable, the employer may require the employee to | ||||||
7 | provide 7 calendar days' notice before the date the leave | ||||||
8 | is to begin. | ||||||
9 | (2) If paid leave under this Act is not foreseeable, | ||||||
10 | the employee shall provide such notice as soon as is | ||||||
11 | practicable after the employee is aware of the necessity | ||||||
12 | of the leave. An employer that requires notice of paid | ||||||
13 | leave under this Act when the leave is not foreseeable | ||||||
14 | shall provide a written policy that contains procedures | ||||||
15 | for the employee to provide notice. | ||||||
16 | (3) Employers shall provide employees with written | ||||||
17 | notice of the paid leave policy notification requirements | ||||||
18 | in this Section in the manner provided in Section 20 for | ||||||
19 | notice and posting and within 5 calendar days of any | ||||||
20 | change to the employer's reasonable paid leave policy | ||||||
21 | notification requirements. | ||||||
22 | (4) An employer may not require, as a condition of | ||||||
23 | providing paid leave under this Act, that the employee | ||||||
24 | search for or find a replacement worker to cover the hours | ||||||
25 | during which the employee takes paid leave. | ||||||
26 | (i) Except as provided in subsection (c), paid leave under |
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1 | this Act shall carry over annually to the extent not used by | ||||||
2 | the employee, provided that nothing in this Act shall be | ||||||
3 | construed to require an employer to provide more than 40 hours | ||||||
4 | of paid leave for an employee in the 12-month period unless the | ||||||
5 | employer agrees to do so. | ||||||
6 | (j) Nothing in this Section or any other Illinois law or | ||||||
7 | rule shall be construed as requiring financial or other | ||||||
8 | payment to an employee from an employer upon the employee's | ||||||
9 | termination, resignation, retirement, or other separation from | ||||||
10 | employment for paid leave accrued under this Act that has not | ||||||
11 | been used. Nothing in this Section or any other Illinois law or | ||||||
12 | rule shall be construed as requiring financial or other | ||||||
13 | reimbursements to an employee from an employer for unused paid | ||||||
14 | leave under this Act at the end of the benefit year or any | ||||||
15 | other time. | ||||||
16 | (k) If an employee is transferred to a separate division, | ||||||
17 | entity, or location, but remains employed by the same | ||||||
18 | employer, the employee is entitled to all paid leave accrued | ||||||
19 | at the prior division, entity, or location and is entitled to | ||||||
20 | use all paid leave as provided in this Section. If there is a | ||||||
21 | separation from employment and the employee is rehired within | ||||||
22 | 12 months of separation by the same employer, previously | ||||||
23 | accrued paid leave that had not been used by the employee shall | ||||||
24 | be reinstated. The employee shall be entitled to use accrued | ||||||
25 | paid leave at the commencement of employment following a | ||||||
26 | separation from employment of 12 months or less. |
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1 | (l) Paid leave under this Act shall not be charged or | ||||||
2 | otherwise credited to an employee's paid time off bank or | ||||||
3 | employee account unless the employer's policy permits such a | ||||||
4 | credit. If the paid leave under this Act is credited to an | ||||||
5 | employee's paid time off bank or employee vacation account | ||||||
6 | then any unused paid leave shall be paid to the employee upon | ||||||
7 | the employee's termination, resignation, retirement, or other | ||||||
8 | separation to the same extent as vacation time under existing | ||||||
9 | Illinois law or rule. Nothing in this Act shall be construed to | ||||||
10 | waive or otherwise limit an employee's right to final | ||||||
11 | compensation for promised and earned, but unpaid vacation time | ||||||
12 | or paid time off, as provided under the Illinois Wage Payment | ||||||
13 | and Collection Act and rules. Employers shall provide | ||||||
14 | employees with written notice of changes to the employer's | ||||||
15 | vacation time, paid time off, or other paid leave policies | ||||||
16 | that affect an employee's right to final compensation for such | ||||||
17 | leave. | ||||||
18 | (m) During any period an employee takes leave under this | ||||||
19 | Act, the employer shall maintain coverage for the employee and | ||||||
20 | any family member under any group health plan for the duration | ||||||
21 | of such leave at no less than the level and conditions of | ||||||
22 | coverage that would have been provided if the employee had not | ||||||
23 | taken the leave. The employer shall notify the employee that | ||||||
24 | the employee is still responsible for paying the employee's | ||||||
25 | share of the cost of the health care coverage, if any. | ||||||
26 | (n) Nothing in this Act shall be deemed to interfere with, |
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1 | impede,
or in any way diminish the right of employees to | ||||||
2 | bargain collectively with their employers through | ||||||
3 | representatives of their own choosing in order to establish | ||||||
4 | wages or other conditions of work in excess of the applicable | ||||||
5 | minimum standards established in this Act. The paid leave | ||||||
6 | requirements
of this Act may be waived in a bona fide | ||||||
7 | collective bargaining agreement, but only if the waiver is set | ||||||
8 | forth explicitly in such agreement in clear and unambiguous | ||||||
9 | terms. | ||||||
10 | Nothing in this Act shall be deemed to affect the validity | ||||||
11 | or change the terms of bona fide collective bargaining | ||||||
12 | agreements in effect on January 1, 2024. After that date, | ||||||
13 | requirements of this Act may be waived in a bona fide | ||||||
14 | collective bargaining agreement, but only if the waiver is set | ||||||
15 | forth explicitly in such agreement in clear and unambiguous | ||||||
16 | terms. | ||||||
17 | In no event shall this Act apply to any employee working in | ||||||
18 | the construction industry who is covered by a bona fide | ||||||
19 | collective
bargaining agreement, nor shall this Act apply to | ||||||
20 | any employee who is covered by a bona fide collective | ||||||
21 | bargaining agreement with an employer that provides services | ||||||
22 | nationally and internationally of delivery, pickup, and | ||||||
23 | transportation of parcels, documents, and freight. | ||||||
24 | Notwithstanding the provisions of this subsection, nothing | ||||||
25 | in this Act shall be deemed to affect the validity or change | ||||||
26 | the terms of a bona fide collective bargaining agreement |
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1 | applying to an employee who is employed by a State agency that | ||||||
2 | is in effect on July 1, 2024. After that date, requirements of | ||||||
3 | this Act may be waived in a bona fide collective bargaining | ||||||
4 | agreement, but only if the waiver is set forth explicitly in | ||||||
5 | such agreement in clear and unambiguous terms. As used in this | ||||||
6 | subsection, "State agency" has the same meaning as set forth | ||||||
7 | in Section 4 of the Forms Notice Act. | ||||||
8 | (o) An agreement by an employee to waive his or her rights | ||||||
9 | under this Act is void as against public policy. | ||||||
10 | (p) The provisions of this Act shall not apply to any | ||||||
11 | employer that is covered by a municipal or county ordinance | ||||||
12 | that is in effect on the effective date of this Act that | ||||||
13 | requires employers to give any form of paid leave to their | ||||||
14 | employees, including paid sick leave or paid leave. | ||||||
15 | Notwithstanding the provisions of this subsection, any | ||||||
16 | employer that is not required to provide paid leave to its | ||||||
17 | employees, including paid sick leave or paid leave, under a | ||||||
18 | municipal or county ordinance that is in effect on the | ||||||
19 | effective date of this Act shall be subject to the provisions | ||||||
20 | of this Act if the employer would be required to provide paid | ||||||
21 | leave under this Act to its employees. | ||||||
22 | Any local ordinance that provides paid leave, including | ||||||
23 | paid sick leave or paid leave, enacted or amended after the | ||||||
24 | effective date of this Act must comply with the requirements | ||||||
25 | of this Act or provide benefits, rights, and remedies that are | ||||||
26 | greater than or equal to the benefits, rights, and remedies |
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1 | afforded under this Act. | ||||||
2 | An employer in a municipality or county that enacts or | ||||||
3 | amends a local ordinance that provides paid leave, including | ||||||
4 | paid sick leave or paid leave, after the effective date of this | ||||||
5 | Act shall only comply with the local ordinance or ordinances | ||||||
6 | so long as the benefits, rights, and remedies are greater than | ||||||
7 | or equal to the benefits, rights, and remedies afforded under | ||||||
8 | this Act. | ||||||
9 | Section 20. Related employer responsibilities. | ||||||
10 | (a) An employer subject to this Act shall make and | ||||||
11 | preserve records documenting hours worked, paid leave accrued | ||||||
12 | and taken, and remaining paid leave balance for each employee | ||||||
13 | for a period of not less than 3 years and shall allow the | ||||||
14 | Department access to such records, at reasonable times during | ||||||
15 | business hours, to monitor compliance with the requirements of | ||||||
16 | this Act. In addition, the records shall be preserved for the | ||||||
17 | duration of any claim pending pursuant to Section 35. An | ||||||
18 | employer that provides paid leave on an accrual basis pursuant | ||||||
19 | to subsection (b) of Section 15 shall provide notice of the | ||||||
20 | amount of paid leave accrued or used by an employee upon | ||||||
21 | request by the employee in accordance with the employer's | ||||||
22 | reasonable paid leave policy notification provisions. An | ||||||
23 | employer that fails to comply with this subsection is in | ||||||
24 | violation of the Act and subject to the civil penalties | ||||||
25 | established in Section 35. |
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1 | (b) An employer who provides any type of paid leave policy | ||||||
2 | that satisfies the minimum amount of leave required by | ||||||
3 | subsection (a) of Section 15 is not required to modify the | ||||||
4 | policy if the policy offers an employee the option, at the | ||||||
5 | employee's discretion, to take paid leave for any reason. | ||||||
6 | Nothing in this Act shall be construed as requiring financial | ||||||
7 | or other reimbursements to an employee from an employer for | ||||||
8 | unused paid leave under this Act. Nothing in this Act shall be | ||||||
9 | construed to discourage an employer from adopting a paid leave | ||||||
10 | policy more generous than the requirements of this Act. | ||||||
11 | (c) For domestic workers, if an employer requires evidence | ||||||
12 | of hours worked for other employers to confirm that the | ||||||
13 | domestic worker has worked or is scheduled to work 8 or more | ||||||
14 | hours in the aggregate for any relevant workweek, a signed | ||||||
15 | statement by the domestic worker stating that he or she has | ||||||
16 | performed or is scheduled to perform domestic work for 8 or | ||||||
17 | more hours in the aggregate for any relevant workweek shall | ||||||
18 | satisfy any documentation requirements of hours worked under | ||||||
19 | the Domestic Workers' Bill of Rights Act and this Act. Such | ||||||
20 | employer shall not require more than one signed statement in a | ||||||
21 | calendar quarter if the hours the domestic worker has | ||||||
22 | performed or is scheduled to perform domestic work have not | ||||||
23 | decreased to less than 8 hours in the aggregate in any relevant | ||||||
24 | workweek in that calendar quarter. An employer that requires | ||||||
25 | evidence of hours worked must give the domestic worker written | ||||||
26 | notice of such request and allow no fewer than 7 days or until |
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1 | the next scheduled workday, whichever is greater, for the | ||||||
2 | domestic worker to comply with the request. The employer may | ||||||
3 | not deny paid leave pending submission of the signed | ||||||
4 | statement. | ||||||
5 | (d) An employer shall post and keep posted in a | ||||||
6 | conspicuous place on the premises of the employer where | ||||||
7 | notices to employees are customarily posted, and include it in | ||||||
8 | a written document, or written employee manual or policy if | ||||||
9 | the employer has one, a notice, to be prepared by the | ||||||
10 | Department, summarizing the requirements of this Act and | ||||||
11 | information pertaining to the filing of a charge upon | ||||||
12 | commencement of an employee's employment or 90 days following | ||||||
13 | the effective date of this Act, whichever is later. If an | ||||||
14 | employer's workforce is comprised of a significant portion of | ||||||
15 | workers who are not literate in English, the employer shall | ||||||
16 | notify the Department and a notice in the appropriate language | ||||||
17 | shall be prepared by the Department. Employees may also | ||||||
18 | request that the Department provide a notice in languages | ||||||
19 | other than English, which the employer must post in accordance | ||||||
20 | with this subsection. An employer who violates this subsection | ||||||
21 | shall be fined a civil penalty of $500 for the first audit | ||||||
22 | violation and $1,000 for any subsequent audit violation. | ||||||
23 | (e) No employer shall interfere with, deny, or change an | ||||||
24 | employee's work days or hours to avoid providing eligible paid | ||||||
25 | leave time to an employee. |
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1 | Section 25. Retaliation. It is unlawful for any employer | ||||||
2 | to threaten to take or to take any adverse action against an | ||||||
3 | employee because the employee (1) exercises rights or attempts | ||||||
4 | to exercise rights under this Act, (2) opposes practices which | ||||||
5 | the employee believes to be in violation of this Act, or (3) | ||||||
6 | supports the exercise of rights of another under this Act. It | ||||||
7 | is unlawful for any employer to consider the use of paid leave | ||||||
8 | by an employee as a negative factor in any employment action | ||||||
9 | that involves evaluating, promoting, disciplining, or counting | ||||||
10 | paid leave under a no-fault attendance policy. Such | ||||||
11 | retaliation shall subject an employer to civil penalties | ||||||
12 | pursuant to this Act. | ||||||
13 | An employee who has been unlawfully retaliated against | ||||||
14 | shall also be entitled to recover through a claim filed with | ||||||
15 | the Department, all legal and equitable relief as may be | ||||||
16 | appropriate. | ||||||
17 | Section 30. Department responsibilities. | ||||||
18 | (a) The Department shall administer and enforce this Act. | ||||||
19 | The Department has the powers and the parties have the rights | ||||||
20 | provided in the Illinois Administrative Procedure Act for | ||||||
21 | contested cases. | ||||||
22 | (b) An employee may file a complaint with the Department | ||||||
23 | alleging violations of the Act within 3 years after the | ||||||
24 | alleged violation. An employer that violates this Act is | ||||||
25 | liable to any affected employee for damages in the form of the |
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1 | actual underpayment, compensatory damages, and a penalty of | ||||||
2 | not less than $500 and no more than $1,000. Employees shall | ||||||
3 | also be entitled to such equitable relief as may be | ||||||
4 | appropriate, in addition to reasonable attorney's fees; | ||||||
5 | reasonable expert witness fees, and other costs of the action, | ||||||
6 | which shall be paid by the employer to the employee. | ||||||
7 | (c) The Department has the power to conduct investigations | ||||||
8 | in connection with the administration and enforcement of this | ||||||
9 | Act, including the power to conduct depositions and discovery | ||||||
10 | and to issue subpoenas. If the Department finds cause to | ||||||
11 | believe that this Act has been violated, the Department shall | ||||||
12 | notify the parties in writing, and the matter shall be | ||||||
13 | referred to an Administrative Law Judge to schedule a formal | ||||||
14 | hearing in accordance with hearing procedures established by | ||||||
15 | rule. Administrative decisions shall be reviewed under the | ||||||
16 | Administrative Review Law. | ||||||
17 | (d) The Department is authorized to impose civil penalties | ||||||
18 | prescribed in Section 35 for any violation of this Act. | ||||||
19 | (e) The Department is authorized to collect and supervise | ||||||
20 | the payment of any damages awarded pursuant to Section 25 and | ||||||
21 | subsection (b) of this Section to an employee or employees | ||||||
22 | under this Act. Any sums recovered by the Department on behalf | ||||||
23 | of an employee or employees under this Act shall be paid to the | ||||||
24 | employee or employees affected. The Department is not | ||||||
25 | authorized to collect and supervise the payment of any awarded | ||||||
26 | attorney's fees. Those fees shall be subject to collection by |
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1 | the attorney awarded such fees. | ||||||
2 | (f) The Attorney General may bring an action to enforce | ||||||
3 | the collection of any awards made under this Act. | ||||||
4 | (g) The Department shall adopt rules necessary to | ||||||
5 | administer and enforce this Act. | ||||||
6 | Section 35. Penalties and enforcement. An employer that | ||||||
7 | violates this Act or any rule adopted under this Act shall be | ||||||
8 | subject to a civil penalty of $2,500 for each separate | ||||||
9 | offense. An offense means any violation of this Act with the | ||||||
10 | exception of a violation of the notice requirement in | ||||||
11 | subsection (c) of Section 20. Any penalties collected from an | ||||||
12 | employer under this Section or under subsection (d) of Section | ||||||
13 | 20 for violations of this Act shall be deposited into the Paid | ||||||
14 | Leave for All Workers Fund, a special fund created in the State | ||||||
15 | treasury that is dedicated to enforcing this Act. | ||||||
16 | Section 95. The State Finance Act is amended by adding | ||||||
17 | Section 5.990 as follows: | ||||||
18 | (30 ILCS 105/5.990 new) | ||||||
19 | Sec. 5.990. The Paid Leave for All Workers Fund. | ||||||
20 | Section 97. Severability. The provisions of this Act are | ||||||
21 | severable under Section 1.31 of the Statute on Statutes.
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1 | Section 99. Effective date. This Act takes effect January | ||||||
2 | 1, 2024.".
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