Rep. Joyce Mason

Filed: 4/1/2024

 

 


 

 


 
10300HB4596ham001LRB103 37999 SPS 71498 a

1
AMENDMENT TO HOUSE BILL 4596

2    AMENDMENT NO. ______. Amend House Bill 4596 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Paid Leave for All Workers Act is amended
5by 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,
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

 

 

10300HB4596ham001- 2 -LRB103 37999 SPS 71498 a

1improvement, or to do any part thereof, whether or not the
2performance of the work herein described involves the addition
3to or fabrication into, any structure, project, development,
4real property, or improvement herein described of any material
5or article of merchandise.
6    "Construction industry" also includes moving construction
7related materials on the job site or to or from the job site,
8snow plowing, snow removal, and refuse collection.
9    "Department" means the Illinois Department of Labor.
10    "Domestic work" and "domestic worker" have the same
11meanings as defined in Section 10 of the Domestic Workers'
12Bill of Rights Act, except that "domestic worker" also
13includes independent contractors, sole proprietors, and
14partnerships.
15    "Employee" has the same application and meaning as that
16provided in Sections 1 and 2 of the Illinois Wage Payment and
17Collection Act. "Employee" also includes all domestic workers,
18and, for the purposes of this Act, domestic workers shall not
19be excluded as employees under the provisions of item (1),
20(2), or (3) of Section 2 of the Illinois Wage Payment and
21Collection 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

 

 

10300HB4596ham001- 3 -LRB103 37999 SPS 71498 a

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
13provided in Sections 1 and 2 of the Illinois Wage Payment and
14Collection Act, except that for purposes of this Act,
15"employer" also means the State and units of local government,
16any political subdivision of the State or units of local
17government, or any State or local government agency.
18    "Employer" does not include school districts organized
19under the School Code or park districts organized under the
20Park District Code.
21    "Writing" or "written" means a printed or printable
22communication in physical or electronic format, including a
23communication that is transmitted through electronic mail,
24text message, or a computer system or is otherwise sent or
25stored electronically.
26(Source: P.A. 102-1143, eff. 1-1-24.)
 

 

 

10300HB4596ham001- 4 -LRB103 37999 SPS 71498 a

1    (820 ILCS 192/15)
2    Sec. 15. Provision of paid leave.
3    (a) An employee who works in Illinois is entitled to earn
4and use up to a minimum of 40 hours of paid leave during a
512-month period or a pro rata number of hours of paid leave
6under the provisions of subsection (b). The paid leave may be
7used by the employee for any purpose as long as the paid leave
8is taken in accordance with the provisions of this Act.
9    (b) Paid leave under this Act shall accrue at the rate of
10one hour of paid leave for every 40 hours worked up to a
11minimum of 40 hours of paid leave or such greater amount if the
12employer provides more than 40 hours. Employees who are exempt
13from the overtime requirements of the federal Fair Labor
14Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40
15hours in each workweek for purposes of paid leave accrual
16unless their regular workweek is less than 40 hours, in which
17case paid leave accrues based on that regular workweek. An
18employee covered by 29 CFR 825.801 shall be deemed to work 40
19hours in each work week for the purpose of the accrual of paid
20leave. Employees shall determine how much paid leave they need
21to use, however employers may set a reasonable minimum
22increment for the use of paid leave not to exceed 2 hours per
23day. If an employee's scheduled workday is less than 2 hours
24per day, the employee's scheduled workday shall be used to
25determine the amount of paid leave.

 

 

10300HB4596ham001- 5 -LRB103 37999 SPS 71498 a

1    (c) An employer may make available the minimum number of
2hours of paid leave, subject to pro rata requirements provided
3in subsection (b), to an employee on the first day of
4employment or the first day of the 12-month period. Employers
5that provide the minimum number of hours of paid leave to an
6employee on the first day of employment or the first day of the
712-month period are not required to carryover paid leave from
812-month period to 12-month period and may require employees
9to use all paid leave prior to the end of the benefit period or
10forfeit the unused paid leave. However, under no circumstances
11shall an employee be credited with paid leave that is less than
12what 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
15period designated by the employer in writing at the time of
16hire. Changes to the 12-month period may be made by the
17employer if notice is given to employees in writing prior to
18the change and the change does not reduce the eligible accrual
19rate and paid leave available to the employee. If the employer
20changes the designated 12-month period, the employer shall
21provide the employee with documentation of the balance of
22hours worked, paid leave accrued and taken, and the remaining
23paid leave balance.
24    (e) Paid leave under this Act may be taken by an employee
25for any reason of the employee's choosing. An employee is not
26required to provide an employer a reason for the leave and may

 

 

10300HB4596ham001- 6 -LRB103 37999 SPS 71498 a

1not be required to provide documentation or certification as
2proof or in support of the leave. An employee may choose
3whether to use paid leave provided under this Act prior to
4using any other leave provided by the employer or State law.
5    (f) Employees shall be paid their hourly rate of pay for
6paid leave. However, employees engaged in an occupation in
7which gratuities or commissions have customarily and usually
8constituted and have been recognized as part of the
9remuneration for hire purposes shall be paid by their employer
10at least the full minimum wage in the jurisdiction in which
11they are employed when paid leave is taken. This wage shall be
12treated as the employee's regular rate of pay for purposes of
13this Act.
14    (g) Paid leave under this Act shall begin to accrue at the
15commencement of employment or on the effective date of this
16Act, whichever is later. Employees shall be entitled to begin
17using paid leave 90 days following commencement of their
18employment or 90 days following the effective date of this
19Act, whichever is later.
20    (h) Paid leave under this Act shall be provided upon the
21oral or written request of an employee in accordance with the
22employer's reasonable paid leave policy notification
23requirements 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

 

 

10300HB4596ham001- 7 -LRB103 37999 SPS 71498 a

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
20this Act shall carry over annually to the extent not used by
21the employee, provided that nothing in this Act shall be
22construed to require an employer to provide more than 40 hours
23of paid leave for an employee in the 12-month period unless the
24employer agrees to do so.
25    (j) Nothing in this Section or any other Illinois law or
26rule shall be construed as requiring financial or other

 

 

10300HB4596ham001- 8 -LRB103 37999 SPS 71498 a

1payment to an employee from an employer upon the employee's
2termination, resignation, retirement, or other separation from
3employment for paid leave accrued under this Act that has not
4been used. Nothing in this Section or any other Illinois law or
5rule shall be construed as requiring financial or other
6reimbursements to an employee from an employer for unused paid
7leave under this Act at the end of the benefit year or any
8other time.
9    (k) If an employee is transferred to a separate division,
10entity, or location, but remains employed by the same
11employer, the employee is entitled to all paid leave accrued
12at the prior division, entity, or location and is entitled to
13use all paid leave as provided in this Section. If there is a
14separation from employment and the employee is rehired within
1512 months of separation by the same employer, previously
16accrued paid leave that had not been used by the employee shall
17be reinstated. The employee shall be entitled to use accrued
18paid leave at the commencement of employment following a
19separation from employment of 12 months or less.
20    (l) Paid leave under this Act shall not be charged or
21otherwise credited to an employee's paid time off bank or
22employee account unless the employer's policy permits such a
23credit. If the paid leave under this Act is credited to an
24employee's paid time off bank or employee vacation account
25then any unused paid leave shall be paid to the employee upon
26the employee's termination, resignation, retirement, or other

 

 

10300HB4596ham001- 9 -LRB103 37999 SPS 71498 a

1separation to the same extent as vacation time under existing
2Illinois law or rule. Nothing in this Act shall be construed to
3waive or otherwise limit an employee's right to final
4compensation for promised and earned, but unpaid vacation time
5or paid time off, as provided under the Illinois Wage Payment
6and Collection Act and rules. Employers shall provide
7employees with written notice of changes to the employer's
8vacation time, paid time off, or other paid leave policies
9that affect an employee's right to final compensation for such
10leave.
11    (m) During any period an employee takes leave under this
12Act, the employer shall maintain coverage for the employee and
13any family member under any group health plan for the duration
14of such leave at no less than the level and conditions of
15coverage that would have been provided if the employee had not
16taken the leave. The employer shall notify the employee that
17the employee is still responsible for paying the employee's
18share of the cost of the health care coverage, if any.
19    (n) Nothing in this Act shall be deemed to interfere with,
20impede, or in any way diminish the right of employees to
21bargain collectively with their employers through
22representatives of their own choosing in order to establish
23wages or other conditions of work in excess of the applicable
24minimum standards established in this Act. The paid leave
25requirements of this Act may be waived in a bona fide
26collective bargaining agreement, but only if the waiver is set

 

 

10300HB4596ham001- 10 -LRB103 37999 SPS 71498 a

1forth explicitly in such agreement in clear and unambiguous
2terms.
3    Nothing in this Act shall be deemed to affect the validity
4or change the terms of bona fide collective bargaining
5agreements in effect on January 1, 2024. After that date,
6requirements of this Act may be waived in a bona fide
7collective bargaining agreement, but only if the waiver is set
8forth explicitly in such agreement in clear and unambiguous
9terms.
10    In no event shall this Act apply to any employee working in
11the construction industry who is covered by a bona fide
12collective bargaining agreement, nor shall this Act apply to
13any employee who is covered by a bona fide collective
14bargaining agreement with an employer that provides services
15nationally and internationally of delivery, pickup, and
16transportation of parcels, documents, and freight.
17    Notwithstanding the provisions of this subsection, nothing
18in this Act shall be deemed to affect the validity or change
19the terms of a bona fide collective bargaining agreement
20applying to an employee who is employed by a State agency that
21is in effect on July 1, 2024. After that date, requirements of
22this Act may be waived in a bona fide collective bargaining
23agreement, but only if the waiver is set forth explicitly in
24such agreement in clear and unambiguous terms. As used in this
25subsection, "State agency" has the same meaning as set forth
26in Section 4 of the Forms Notice Act.

 

 

10300HB4596ham001- 11 -LRB103 37999 SPS 71498 a

1    (o) An agreement by an employee to waive his or her rights
2under this Act is void as against public policy.
3    (p) The provisions of this Act shall not apply to any
4employer that is covered by a municipal or county ordinance
5that is in effect on the effective date of this Act that
6requires employers to give any form of paid leave to their
7employees, including paid sick leave or paid leave.
8Notwithstanding the provisions of this subsection, any
9employer that is not required to provide paid leave to its
10employees, including paid sick leave or paid leave, under a
11municipal or county ordinance that is in effect on the
12effective date of this Act shall be subject to the provisions
13of this Act if the employer would be required to provide paid
14leave under this Act to its employees.
15    Any local ordinance that provides paid leave, including
16paid sick leave or paid leave, enacted or amended after the
17effective date of this Act must comply with the requirements
18of this Act or provide benefits, rights, and remedies that are
19greater than or equal to the benefits, rights, and remedies
20afforded under this Act.
21    An employer in a municipality or county that enacts or
22amends a local ordinance that provides paid leave, including
23paid sick leave or paid leave, after the effective date of this
24Act shall only comply with the local ordinance or ordinances
25so long as the benefits, rights, and remedies are greater than
26or equal to the benefits, rights, and remedies afforded under

 

 

10300HB4596ham001- 12 -LRB103 37999 SPS 71498 a

1this Act.
2(Source: P.A. 102-1143, eff. 1-1-24; revised 12-22-23.)".