HB2642 102ND GENERAL ASSEMBLY

LRB102 14322 JLS 19674 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2642

Introduced 2/19/2021, by Rep. Fred Crespo

SYNOPSIS AS INTRODUCED:

820 ILCS 115/3.5 new
820 ILCS 115/3.6 new

Amends the Illinois Wage Payment and Collection Act. Provides that each workday a nurse is required to report for work, based upon a previously approved and distributed work schedule and either (1) does report, but is not put to work, or (2) was directed to not report, the nurse shall be paid for half the usual or scheduled day's work at the nurse's regular rate of pay, which shall not be less than the minimum wage. Applies to nurses who are directed not to report to work and to nurses engaged in telemedicine. Provides that the report-to-work requirement is to be based upon an approved and distributed work schedule. Effective January 1, 2022.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning employment.

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

Section 5. The Illinois Wage Payment and Collection Act is amended by adding Sections 3.5 and 3.6 as follows:

(820 ILCS 115/3.5 new)

Sec. 3.5. Reporting time pay for nurses.

(a) Except as required in Section 3.6, each workday a nurse is required to report for work, based upon a previously approved and distributed work schedule and either (1) does report, but is not put to work or (2) was directed to not report, the nurse shall be paid for half the usual or scheduled day's work at the nurse's regular rate of pay, which shall not be less than the minimum wage.

(b) The reporting time pay provisions established under this Section are not applicable when:

(1) operations cannot commence or continue due to threats to employees or property or when recommended by civil authorities;

(2) public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities or sewer system; or

(3) the interruption of work is caused by an Act of God or other cause not within the employer's control.

(c) This Section does not apply to a nurse on paid standby status who is called to perform assigned work at a time other than the nurse's scheduled reporting time.

(d) This Section applies to all nurses, including those who use technology to overcome physical distance between patient and nurse to deliver nursing care and conduct nursing practice.

(820 ILCS 115/3.6 new)

Sec. 3.6. Reporting time pay for nurses; less than full schedule. Each workday a nurse is required to report for work based upon a previously approved work schedule and does report to work and is furnished less than one-half of the nurse's usual or scheduled day's work providing nursing services, the nurse shall be paid for all hours worked and shall be paid for one half of the remaining usual or scheduled day's work at the nurse's regular rate of pay.

Section 99. Effective date. This Act takes effect January 1, 2022.