State of Illinois
2023 and 2024


Introduced 2/9/2024, by Sen. Paul Faraci


820 ILCS 192/10

    Amends the Paid Leave for All Workers Act. Provides that the definition of "employee" does not include an election judge or a short-term worker hired to oversee and facilitate elections.

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1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Paid Leave for All Workers Act is amended by
5changing Section 10 as follows:
6    (820 ILCS 192/10)
7    Sec. 10. Definitions. As used in this Act:
8    "Construction industry" means any constructing, altering,
9reconstructing, repairing, rehabilitating, refinishing,
10refurbishing, remodeling, remediating, renovating, custom
11fabricating, maintenance, landscaping, improving, wrecking,
12painting, decorating, demolishing, or adding to or subtracting
13from any building, structure, highway, roadway, street,
14bridge, alley, sewer, ditch, sewage disposal plant,
15waterworks, parking facility, railroad, excavation or other
16structure, project, development, real property, or
17improvement, or to do any part thereof, whether or not the
18performance of the work herein described involves the addition
19to or fabrication into, any structure, project, development,
20real property, or improvement herein described of any material
21or article of merchandise.
22    "Construction industry" also includes moving construction
23related materials on the job site or to or from the job site,



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1snow plowing, snow removal, and refuse collection.
2    "Department" means the Illinois Department of Labor.
3    "Domestic work" and "domestic worker" have the same
4meanings as defined in Section 10 of the Domestic Workers'
5Bill of Rights Act, except that "domestic worker" also
6includes independent contractors, sole proprietors, and
8    "Employee" has the same application and meaning as that
9provided in Sections 1 and 2 of the Illinois Wage Payment and
10Collection Act. "Employee" also includes all domestic workers,
11and, for the purposes of this Act, domestic workers shall not
12be excluded as employees under the provisions of item (1),
13(2), or (3) of Section 2 of the Illinois Wage Payment and
14Collection Act. "Employee" does not include:
15        (1) an employee as defined in the federal Railroad
16    Unemployment Insurance Act (45 U.S.C. 351 et seq.) or the
17    Railway Labor Act;
18        (2) a student enrolled in and regularly attending
19    classes in a college or university that is also the
20    student's employer, and who is employed on a temporary
21    basis at less than full time at the college or university,
22    but this exclusion applies only to work performed for that
23    college or university; or
24        (3) a short-term employee who is employed by an
25    institution of higher education for less than 2
26    consecutive calendar quarters during a calendar year and



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1    who does not have a reasonable expectation that they will
2    be rehired by the same employer of the same service in a
3    subsequent calendar year; or .
4        (4) an election judge as described in Article 13 of
5    the Election Code or a short-term worker hired to oversee
6    and facilitate elections as described in the Election
7    Code.
8    "Employer" has the same application and meaning as that
9provided in Sections 1 and 2 of the Illinois Wage Payment and
10Collection Act, except that for purposes of this Act,
11"employer" also means the State and units of local government,
12any political subdivision of the State or units of local
13government, or any State or local government agency.
14    "Employer" does not include school districts organized
15under the School Code or park districts organized under the
16Park District Code.
17    "Writing" or "written" means a printed or printable
18communication in physical or electronic format, including a
19communication that is transmitted through electronic mail,
20text message, or a computer system or is otherwise sent or
21stored electronically.
22(Source: P.A. 102-1143, eff. 1-1-24.)