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Rep. Joyce Mason
Filed: 4/1/2024
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1 | | AMENDMENT TO HOUSE BILL 4596
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2 | | AMENDMENT NO. ______. Amend House Bill 4596 by replacing |
3 | | everything after the enacting clause with the following: |
4 | | "Section 5. The Paid Leave for All Workers Act is amended |
5 | | by changing Sections 10 and 15 as follows: |
6 | | (820 ILCS 192/10) |
7 | | Sec. 10. Definitions. As used in this Act: |
8 | | "Construction industry" means any constructing, altering, |
9 | | reconstructing, repairing, rehabilitating, refinishing, |
10 | | refurbishing, remodeling, remediating, renovating, custom |
11 | | fabricating, maintenance, landscaping, improving, wrecking, |
12 | | painting, decorating, demolishing, or adding to or subtracting |
13 | | from any building, structure, highway, roadway, street, |
14 | | bridge, alley, sewer, ditch, sewage disposal plant, |
15 | | waterworks, parking facility, railroad, excavation or other |
16 | | structure, project, development, real property, or |
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1 | | improvement, or to do any part thereof, whether or not the |
2 | | performance of the work herein described involves the addition |
3 | | to or fabrication into, any structure, project, development, |
4 | | real property, or improvement herein described of any material |
5 | | or article of merchandise. |
6 | | "Construction industry" also includes moving construction |
7 | | related materials on the job site or to or from the job site, |
8 | | snow plowing, snow removal, and refuse collection. |
9 | | "Department" means the Illinois Department of Labor. |
10 | | "Domestic work" and "domestic worker" have the same |
11 | | meanings as defined in Section 10 of the Domestic Workers' |
12 | | Bill of Rights Act, except that "domestic worker" also |
13 | | includes independent contractors, sole proprietors, and |
14 | | partnerships. |
15 | | "Employee" has the same application and meaning as that |
16 | | provided in Sections 1 and 2 of the Illinois Wage Payment and |
17 | | Collection Act. "Employee" also includes all domestic workers, |
18 | | and, for the purposes of this Act, domestic workers shall not |
19 | | be excluded as employees under the provisions of item (1), |
20 | | (2), or (3) of Section 2 of the Illinois Wage Payment and |
21 | | Collection Act. "Employee" does not include: |
22 | | (1) an employee as defined in the federal Railroad |
23 | | Unemployment Insurance Act (45 U.S.C. 351 et seq.) or the |
24 | | Federal Employers' Liability Act (45 U.S.C. 51 et seq.) |
25 | | the Railway Labor Act ; |
26 | | (2) a student enrolled in and regularly attending |
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1 | | classes in a college or university that is also the |
2 | | student's employer, and who is employed on a temporary |
3 | | basis at less than full time at the college or university, |
4 | | but this exclusion applies only to work performed for that |
5 | | college or university; or |
6 | | (3) a short-term employee who is employed by an |
7 | | institution of higher education for less than 2 |
8 | | consecutive calendar quarters during a calendar year and |
9 | | who does not have a reasonable expectation that they will |
10 | | be rehired by the same employer of the same service in a |
11 | | subsequent calendar year. |
12 | | "Employer" has the same application and meaning as that |
13 | | provided in Sections 1 and 2 of the Illinois Wage Payment and |
14 | | Collection Act, except that for purposes of this Act, |
15 | | "employer" also means the State and units of local government, |
16 | | any political subdivision of the State or units of local |
17 | | government, or any State or local government agency. |
18 | | "Employer" does not include school districts organized |
19 | | under the School Code or park districts organized under the |
20 | | Park District Code. |
21 | | "Writing" or "written" means a printed or printable |
22 | | communication in physical or electronic format, including a |
23 | | communication that is transmitted through electronic mail, |
24 | | text message, or a computer system or is otherwise sent or |
25 | | stored electronically. |
26 | | (Source: P.A. 102-1143, eff. 1-1-24 .) |
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1 | | (820 ILCS 192/15) |
2 | | Sec. 15. Provision of paid leave. |
3 | | (a) An employee who works in Illinois is entitled to earn |
4 | | and use up to a minimum of 40 hours of paid leave during a |
5 | | 12-month period or a pro rata number of hours of paid leave |
6 | | under the provisions of subsection (b). The paid leave may be |
7 | | used by the employee for any purpose as long as the paid leave |
8 | | is taken in accordance with the provisions of this Act. |
9 | | (b) Paid leave under this Act shall accrue at the rate of |
10 | | one hour of paid leave for every 40 hours worked up to a |
11 | | minimum of 40 hours of paid leave or such greater amount if the |
12 | | employer provides more than 40 hours. Employees who are exempt |
13 | | from the overtime requirements of the federal Fair Labor |
14 | | Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40 |
15 | | hours in each workweek for purposes of paid leave accrual |
16 | | unless their regular workweek is less than 40 hours, in which |
17 | | case paid leave accrues based on that regular workweek. An |
18 | | employee covered by 29 CFR 825.801 shall be deemed to work 40 |
19 | | hours in each work week for the purpose of the accrual of paid |
20 | | leave. Employees shall determine how much paid leave they need |
21 | | to use, however employers may set a reasonable minimum |
22 | | increment for the use of paid leave not to exceed 2 hours per |
23 | | day. If an employee's scheduled workday is less than 2 hours |
24 | | per day, the employee's scheduled workday shall be used to |
25 | | determine the amount of paid leave. |
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1 | | (c) An employer may make available the minimum number of |
2 | | hours of paid leave, subject to pro rata requirements provided |
3 | | in subsection (b), to an employee on the first day of |
4 | | employment or the first day of the 12-month period. Employers |
5 | | that provide the minimum number of hours of paid leave to an |
6 | | employee on the first day of employment or the first day of the |
7 | | 12-month period are not required to carryover paid leave from |
8 | | 12-month period to 12-month period and may require employees |
9 | | to use all paid leave prior to the end of the benefit period or |
10 | | forfeit the unused paid leave. However, under no circumstances |
11 | | shall an employee be credited with paid leave that is less than |
12 | | what the employee would have accrued under subsections (a) and |
13 | | (g) of this Section. |
14 | | (d) The 12-month period may be any consecutive 12-month |
15 | | period designated by the employer in writing at the time of |
16 | | hire. Changes to the 12-month period may be made by the |
17 | | employer if notice is given to employees in writing prior to |
18 | | the change and the change does not reduce the eligible accrual |
19 | | rate and paid leave available to the employee. If the employer |
20 | | changes the designated 12-month period, the employer shall |
21 | | provide the employee with documentation of the balance of |
22 | | hours worked, paid leave accrued and taken, and the remaining |
23 | | paid leave balance. |
24 | | (e) Paid leave under this Act may be taken by an employee |
25 | | for any reason of the employee's choosing. An employee is not |
26 | | required to provide an employer a reason for the leave and may |
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1 | | not be required to provide documentation or certification as |
2 | | proof or in support of the leave. An employee may choose |
3 | | whether to use paid leave provided under this Act prior to |
4 | | using any other leave provided by the employer or State law. |
5 | | (f) Employees shall be paid their hourly rate of pay for |
6 | | paid leave. However, employees engaged in an occupation in |
7 | | which gratuities or commissions have customarily and usually |
8 | | constituted and have been recognized as part of the |
9 | | remuneration for hire purposes shall be paid by their employer |
10 | | at least the full minimum wage in the jurisdiction in which |
11 | | they are employed when paid leave is taken. This wage shall be |
12 | | treated as the employee's regular rate of pay for purposes of |
13 | | this Act. |
14 | | (g) Paid leave under this Act shall begin to accrue at the |
15 | | commencement of employment or on the effective date of this |
16 | | Act, whichever is later. Employees shall be entitled to begin |
17 | | using paid leave 90 days following commencement of their |
18 | | employment or 90 days following the effective date of this |
19 | | Act, whichever is later. |
20 | | (h) Paid leave under this Act shall be provided upon the |
21 | | oral or written request of an employee in accordance with the |
22 | | employer's reasonable paid leave policy notification |
23 | | requirements which may include the following: |
24 | | (1) If use of paid leave under this Act is |
25 | | foreseeable, the employer may require the employee to |
26 | | provide 7 calendar days' notice before the date the leave |
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1 | | is to begin. |
2 | | (2) If paid leave under this Act is not foreseeable, |
3 | | the employee shall provide such notice as soon as is |
4 | | practicable after the employee is aware of the necessity |
5 | | of the leave. An employer that requires notice of paid |
6 | | leave under this Act when the leave is not foreseeable |
7 | | shall provide a written policy that contains procedures |
8 | | for the employee to provide notice. |
9 | | (3) Employers shall provide employees with written |
10 | | notice of the paid leave policy notification requirements |
11 | | in this Section in the manner provided in Section 20 for |
12 | | notice and posting and within 5 calendar days of any |
13 | | change to the employer's reasonable paid leave policy |
14 | | notification requirements. |
15 | | (4) An employer may not require, as a condition of |
16 | | providing paid leave under this Act, that the employee |
17 | | search for or find a replacement worker to cover the hours |
18 | | during which the employee takes paid leave. |
19 | | (i) Except as provided in subsection (c), paid leave under |
20 | | this Act shall carry over annually to the extent not used by |
21 | | the employee, provided that nothing in this Act shall be |
22 | | construed to require an employer to provide more than 40 hours |
23 | | of paid leave for an employee in the 12-month period unless the |
24 | | employer agrees to do so. |
25 | | (j) Nothing in this Section or any other Illinois law or |
26 | | rule shall be construed as requiring financial or other |
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1 | | payment to an employee from an employer upon the employee's |
2 | | termination, resignation, retirement, or other separation from |
3 | | employment for paid leave accrued under this Act that has not |
4 | | been used. Nothing in this Section or any other Illinois law or |
5 | | rule shall be construed as requiring financial or other |
6 | | reimbursements to an employee from an employer for unused paid |
7 | | leave under this Act at the end of the benefit year or any |
8 | | other time. |
9 | | (k) If an employee is transferred to a separate division, |
10 | | entity, or location, but remains employed by the same |
11 | | employer, the employee is entitled to all paid leave accrued |
12 | | at the prior division, entity, or location and is entitled to |
13 | | use all paid leave as provided in this Section. If there is a |
14 | | separation from employment and the employee is rehired within |
15 | | 12 months of separation by the same employer, previously |
16 | | accrued paid leave that had not been used by the employee shall |
17 | | be reinstated. The employee shall be entitled to use accrued |
18 | | paid leave at the commencement of employment following a |
19 | | separation from employment of 12 months or less. |
20 | | (l) Paid leave under this Act shall not be charged or |
21 | | otherwise credited to an employee's paid time off bank or |
22 | | employee account unless the employer's policy permits such a |
23 | | credit. If the paid leave under this Act is credited to an |
24 | | employee's paid time off bank or employee vacation account |
25 | | then any unused paid leave shall be paid to the employee upon |
26 | | the employee's termination, resignation, retirement, or other |
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1 | | separation to the same extent as vacation time under existing |
2 | | Illinois law or rule. Nothing in this Act shall be construed to |
3 | | waive or otherwise limit an employee's right to final |
4 | | compensation for promised and earned, but unpaid vacation time |
5 | | or paid time off, as provided under the Illinois Wage Payment |
6 | | and Collection Act and rules. Employers shall provide |
7 | | employees with written notice of changes to the employer's |
8 | | vacation time, paid time off, or other paid leave policies |
9 | | that affect an employee's right to final compensation for such |
10 | | leave. |
11 | | (m) During any period an employee takes leave under this |
12 | | Act, the employer shall maintain coverage for the employee and |
13 | | any family member under any group health plan for the duration |
14 | | of such leave at no less than the level and conditions of |
15 | | coverage that would have been provided if the employee had not |
16 | | taken the leave. The employer shall notify the employee that |
17 | | the employee is still responsible for paying the employee's |
18 | | share of the cost of the health care coverage, if any. |
19 | | (n) Nothing in this Act shall be deemed to interfere with, |
20 | | impede, or in any way diminish the right of employees to |
21 | | bargain collectively with their employers through |
22 | | representatives of their own choosing in order to establish |
23 | | wages or other conditions of work in excess of the applicable |
24 | | minimum standards established in this Act. The paid leave |
25 | | requirements of this Act may be waived in a bona fide |
26 | | collective bargaining agreement, but only if the waiver is set |
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1 | | forth explicitly in such agreement in clear and unambiguous |
2 | | terms. |
3 | | Nothing in this Act shall be deemed to affect the validity |
4 | | or change the terms of bona fide collective bargaining |
5 | | agreements in effect on January 1, 2024. After that date, |
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 | | In no event shall this Act apply to any employee working in |
11 | | the construction industry who is covered by a bona fide |
12 | | collective bargaining agreement , nor shall this Act apply to |
13 | | any employee who is covered by a bona fide collective |
14 | | bargaining agreement with an employer that provides services |
15 | | nationally and internationally of delivery, pickup, and |
16 | | transportation of parcels, documents, and freight . |
17 | | Notwithstanding the provisions of this subsection, nothing |
18 | | in this Act shall be deemed to affect the validity or change |
19 | | the terms of a bona fide collective bargaining agreement |
20 | | applying to an employee who is employed by a State agency that |
21 | | is in effect on July 1, 2024. After that date, requirements of |
22 | | this Act may be waived in a bona fide collective bargaining |
23 | | agreement, but only if the waiver is set forth explicitly in |
24 | | such agreement in clear and unambiguous terms. As used in this |
25 | | subsection, "State agency" has the same meaning as set forth |
26 | | in Section 4 of the Forms Notice Act. |
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1 | | (o) An agreement by an employee to waive his or her rights |
2 | | under this Act is void as against public policy. |
3 | | (p) The provisions of this Act shall not apply to any |
4 | | employer that is covered by a municipal or county ordinance |
5 | | that is in effect on the effective date of this Act that |
6 | | requires employers to give any form of paid leave to their |
7 | | employees, including paid sick leave or paid leave. |
8 | | Notwithstanding the provisions of this subsection, any |
9 | | employer that is not required to provide paid leave to its |
10 | | employees, including paid sick leave or paid leave, under a |
11 | | municipal or county ordinance that is in effect on the |
12 | | effective date of this Act shall be subject to the provisions |
13 | | of this Act if the employer would be required to provide paid |
14 | | leave under this Act to its employees. |
15 | | Any local ordinance that provides paid leave, including |
16 | | paid sick leave or paid leave, enacted or amended after the |
17 | | effective date of this Act must comply with the requirements |
18 | | of this Act or provide benefits, rights, and remedies that are |
19 | | greater than or equal to the benefits, rights, and remedies |
20 | | afforded under this Act. |
21 | | An employer in a municipality or county that enacts or |
22 | | amends a local ordinance that provides paid leave, including |
23 | | paid sick leave or paid leave, after the effective date of this |
24 | | Act shall only comply with the local ordinance or ordinances |
25 | | so long as the benefits, rights, and remedies are greater than |
26 | | or equal to the benefits, rights, and remedies afforded under |