Illinois General Assembly - Full Text of HB3932
Illinois General Assembly

Previous General Assemblies

Full Text of HB3932  93rd General Assembly

HB3932 93rd General Assembly


                                     LRB093 13626 AMC 19001 b

 1        AN ACT concerning health care.

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

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Nursing and Hospital Worker Protection Act.

 6        Section 5.  Definitions. For the purposes of this Act:
 7        "Employee" means any individual permitted to work  by  an
 8    employer  in  an occupation, including both individuals hired
 9    directly by  the  company  and  those  hired  pursuant  to  a
10    contract with an outside entity, such as a staffing agency.
11        "Employer"  means any person or entity licensed under the
12    Hospital Licensing Act, or the parent or holding  company  of
13    such person or entity, who directly or indirectly, or through
14    an  agent  or  any other person, employs or exercises control
15    over the wages, hours, or working conditions of any person.
16        "Health System" means a company (i) that is non-profit or
17    for-profit, religious or non-religious and  (ii)  that  owns,
18    operates, or controls more than 2 hospitals.
19        "Hospital"  means  an  entity licensed under the Hospital
20    Licensing Act.
21        "Nurse" means a person licensed as a registered nurse  or
22    registered  professional nurse under the Nursing and Advanced
23    Practice Nursing Act.
24        "Violation" means a  finding  by  a  court,  governmental
25    commission,  or  neutral  arbiter  that wage and hour laws or
26    regulations were violated.
27        "Wage and hour laws or regulations" means  any  State  or
28    federal  laws  or  regulations  that  regulates the hours and
29    wages paid or worked by registered nurses.

30        Section 10.  Limits on mandatory overtime.  A  nurse  may

                            -2-      LRB093 13626 AMC 19001 b
 1    not   be   disciplined,   discriminated  against,  dismissed,
 2    discharged or retaliated against,  or  made  subject  to  any
 3    other  adverse  employment decision for refusing to work more
 4    than 12 consecutive hours a day or 40 hours per week. A nurse
 5    may be disciplined for refusing  mandatory  overtime  in  the
 6    case  of an unforeseen emergency when overtime is required as
 7    a last resort to  ensure  patient  safety.  A  nurse  who  is
 8    mandated to work more than 12 consecutive hours, as permitted
 9    by  this  Section,  must  be  allowed at least 24 consecutive
10    hours of  off-duty  time  immediately  following  the  worked
11    overtime.

12        Section  15.  Wage  and  hour  provisions  for registered
13    nurses.
14        (a)  Any employer that is a health system as  defined  in
15    this  Act  and  commits  more than 500 violations of wage and
16    hour laws or  regulations  for  registered  nurses  within  a
17    3-year  period  shall  be  fined  up  to 5% of gross hospital
18    patient revenues.
19        (b)  The fine monies shall be allocated to the Department
20    of Public Health for nursing scholarships awarded pursuant to
21    the Nursing Education Scholarship  Law  in  addition  to  any
22    other funds set aside and appropriated for that purpose.
23        (c)  The   Attorney   General   shall  determine  if  500
24    violations were committed and set the penalty  based  on  the
25    severity of the violations.

26        Section  20.  Rest  periods.  A  hospital  employee  must
27    receive  a 30-minute meal period and 2 15-minute rest periods
28    for every 5 hours of work. Pursuant to mutual consent by  the
29    employer  and  the  employee,  an  employee  may  (i) waive a
30    30-minute meal period if the day's work will be completed  in
31    no  more  than  6  hours  or  (ii)  may waive the second of 2
32    30-minute meal periods when the day's work will be  completed
                            -3-      LRB093 13626 AMC 19001 b
 1    in  no more than 12 hours and the first 30-minute meal period
 2    was not waived.
 3        When an employer fails to provide a meal or  rest  period
 4    in accordance with the applicable provisions of this Act, the
 5    employer shall pay the employee one additional hour of pay at
 6    the  employee's regular rate of compensation for each workday
 7    that the meal or rest period is not provided.

 8        Section 99.  Effective date. This Act takes  effect  upon
 9    becoming law.