HB3984 97TH GENERAL ASSEMBLY

LRB097 15612 AEK 60754 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3984

Introduced 1/18/2012, by Rep. Jehan A. Gordon

SYNOPSIS AS INTRODUCED:

New Act

Creates the Veterans Day Act. Provides that an employer shall provide each employee who is a veteran with paid or unpaid time off for Veterans Day, November 11, if the employee would otherwise be required to work on that day, in accordance with the provisions of the Act. Provides that an employer, in complying with the Act, shall have the discretion of providing paid or unpaid time off on Veterans Day. Provides that an employer may only refuse to grant paid or unpaid time off as requested under the Act when providing time off would impact public health or safety or would cause the employer to experience significant economic or operational disruption. Provides that if the employer determines that the employer is unable to provide time off for Veterans Day, the employer shall deny time off only to the minimum number of veteran employees needed by the employer to protect public health or safety or to maintain minimum operational capacity, as applicable. Contains provisions concerning notices and penalties.

A BILL FOR

AN ACT concerning employment.

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

Section 1. Short title. This Act may be cited as the Veterans Day Act.

Section 3. Definition. As used in this Act, "veteran" means an Illinois resident who has served as a member of the United States Armed Forces or the United States Reserve Forces on active duty or as a member of the Illinois National Guard on State active duty and who has received an honorable discharge.

Section 5. Required time off. An employer shall provide each employee who is a veteran with paid or unpaid time off for Veterans Day, November 11, if the employee would otherwise be required to work on that day, in accordance with the provisions of this Act.

Section 10. Employer discretion. An employer, in complying with this Act, shall have the discretion of providing paid or unpaid time off on Veterans Day. An employer may refuse to grant paid or unpaid time off as requested under this Act only when providing time off would impact public health or safety or would cause the employer to experience significant economic or operational disruption. If the employer determines that the employer is unable to provide time off for Veterans Day in accordance with this Section, the employer shall deny time off only to the minimum number of veteran employees needed by the employer to protect public health or safety or to maintain minimum operational capacity, as applicable.

Section 15. Notice.

(a) A veteran shall provide his or her employer with at least one month's prior written notice of the veteran's intent to take time off for Veterans Day and shall also provide the employer with a federal certificate of release or discharge from active duty, or such similar federal document, for purposes of determining eligibility for the benefit provided in this Act.

(b) The employer shall, at least 10 days prior to Veterans Day, notify the veteran as to whether the veteran shall be provided paid or unpaid time off on Veterans Day.

Section 20. Penalty. The Department of Labor may assess a civil penalty of up to $500, for each violation, on any employer who violates this Act. No civil penalty may be imposed under this Act until 6 months have elapsed since the effective date of this Act. All proceeds from the collection of any civil penalty imposed under this Section shall be used by the Department of Labor for the enforcement of this Act.