Full Text of HB4596 103rd General Assembly
HB4596ham001 103RD GENERAL ASSEMBLY | Rep. Joyce Mason Filed: 4/1/2024 | | 10300HB4596ham001 | | LRB103 37999 SPS 71498 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4596
| 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 |
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| 1 | | this Act. | 2 | | (Source: P.A. 102-1143, eff. 1-1-24; revised 12-22-23.)". |
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