HB4420 98TH GENERAL ASSEMBLY

LRB098 19439 OMW 54662 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4420

Introduced , by Rep. Maria Antonia Berrios

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 805/8.38 new

Creates the Earned Sick Time Act. Provides that all employers that employ 20 or more employees shall provide paid sick time to their employees. Requires all employers to provide a minimum of one hour of paid sick time for every 40 hours worked by an employee, regardless of whether the employee is full-time or part-time, with a minimum of 2 days of paid sick time per calendar year. Provides for administration by the Department of Labor. Provides enforcement provisions and sets penalties. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning labor.

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 Earned Sick Time Act.

Section 5. Findings and purpose. The General Assembly finds that:

(a) Nearly every worker at some time during each year will need time off from work to take care of his or her health needs or the health needs of family members.

(b) Providing the right to earned sick time will therefore have a positive effect on the public health of Illinois and lessen the spread of and exposure to diseases.

(c) Supporting a healthy workforce will foster greater employee retention and productivity. Responsible businesses that already have policies that allow time off that amounts to at least the minimum requirements under this Act, and that can be taken for the same reasons and under the same conditions as enumerated in this Act, will not be required to provide additional sick time.

(d) More than 40% of all workers in Illinois - over 2.5 million people - have no right to a single earned sick day.

(e) 75% of low-wage workers do not receive paid sick days and cannot forfeit a day's work, including 78% of working mothers with school-age children.

(f) Providing sick time to workers at a time when the economy is improving, and ensuring that workers' jobs are protected when they need to take a sick day, strikes the right balance and will result in a more prosperous, safe, and healthy State.

Section 10. Definitions. As used in this Act:

"Calendar year" means a consecutive 12-month period, as determined by an employer.

"Child" means a biological, adopted, or foster child, a legal ward, or a child of an employee standing in loco parentis.

"Department" means the Department of Labor.

"Director" means the Director of Labor.

"Employee" means any person who performs services for an employer for wage, remuneration, or other compensation. "Employee" includes persons working any number of hours, regardless of full-time or part-time status.

"Employer" means one who employs at least one employee, including but not limited to, this State and its political subdivisions, a temporary services agency, employment agency, or employee organization.

"Family member" means an employee's spouse, child, parent, or the child or parent of an employee's spouse.

"Parent" means a biological or adoptive parent, a foster or stepparent, or a person who stands in loco parentis to an employee or an employee's spouse. "Parent" includes a person who is the parent of a child as defined in this Section.

"Spouse" means a party to a marriage or a party to a civil union.

Section 15. Earned sick time.

(a) Beginning on January 1, 2015, all employers that employ 20 or more employees shall provide paid sick time to their employees in accordance with the provisions of this Act. Beginning on January 1, 2016, all employers that employ 15 or more employees shall provide unpaid sick time in accordance with this Act.

(b) All employers shall provide a minimum of one hour of paid sick time for every 40 hours worked by an employee, with a minimum of 2 days per calendar year. Nothing in this Section shall be construed to discourage or prohibit an employer from allowing the accrual of sick time at a faster rate than this Section requires.

(c) Paid sick time shall accrue in one hour unit increments.

(d) Paid sick time shall begin to accrue at the commencement of employment.

(e) Employees shall be entitled to use accrued paid sick time beginning 6 months following commencement of their employment. Upon completing 6 months of employment, employees may use sick time as such time is accrued. Nothing in this Section shall be construed to discourage or prohibit an employer from allowing the use of sick time at an earlier date than this Section requires.

(f) Unused paid sick time accrued under this Section shall be carried over to the following calendar year. Nothing in this Section shall be construed to discourage or prohibit an employer from allowing paid sick time to be carried over into additional calendar years.

(g) Nothing in this Section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for accrued paid sick time that has not been used.

(h) If an employee is transferred to a separate division, entity, or location, but remains employed by the same employer, the employee is entitled to all paid sick time accrued at the prior division, entity, or location and is entitled to use all paid sick time as provided in this Section. When there is a separation from employment and the employee is rehired within 6 months of separation by the same employer, previously accrued paid sick time that had not been used shall be reinstated. Such employee shall be entitled to use accrued paid sick time at the commencement of employment following a separation from employment of 6 months or less.

(i) Use of paid sick time.

(1) An employer shall permit an employee to use paid sick time for absence from work due to:

(A) an employee's mental or physical illness, injury or health condition or need for medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition or need for preventive medical care;

(B) care of a family member with a mental or physical illness, injury, or health condition who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition or who needs preventive medical care; or

(C) closure of the employee's place of business by order of a public official due to a public health emergency or an employee's need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency.

(2) An employer may require reasonable notice of the need to use paid sick time. Where such need is foreseeable, an employer may require advance notice of the intention to use such paid sick time, not to exceed 7 days before the date such paid sick time is to begin. Where such need is not foreseeable, an employer may require an employee to provide notice of the need for the use of paid sick time as soon as practicable.

(3) For leave of more than 3 consecutive days, an employer may require reasonable documentation that the paid sick time is covered by paragraph (1) of this subsection (i). For paid sick time used pursuant to items (A) or (B) of paragraph (1) of this subsection (i), documentation signed by a licensed health care provider indicating the need for the number of paid sick time days shall be considered reasonable documentation.

(4) An employer may not require, as a condition of an employee's use of paid sick time, that such employee search for or find a replacement worker to cover the hours during which the employee is using paid sick time.

Section 20. Retaliation prohibited.

(a) It is unlawful for an employer or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this Act.

(b) An employer may not take retaliatory personnel action or discriminate against an employee because the employee has exercised rights protected under this Act. Such rights include but are not limited to: the right to use paid sick time under this Act, the right to file a complaint or inform any person about any employer's alleged violation of this Act, the right to cooperate with the Department in its investigations of alleged violations of this Act, and the right to inform any person of his or her potential rights under this Act.

(c) It is unlawful for an employer's absence control policy to count paid sick time taken under this section as an absence that may lead to or result in discipline, discharge, demotion, suspension, or any other adverse action; however, the protections of this Section are not meant to interfere with employer disciplinary procedures.

(d) The protections of this Act apply to any person who mistakenly but in good faith alleges violations of this Act.

(e) Notice and posting.

(1) Employers shall give notice that employees are entitled to paid sick time, the amount of paid sick time, and the terms of its use guaranteed under this Section, that retaliation against employees who request or use paid sick time is prohibited, and that each employee has the right to file a complaint or bring a civil action if sick time as required by this Section is denied by the employer or the employee is retaliated against for requesting or taking paid sick time.

(2) Employers shall comply with the requirements of this subsection (e) by:

(A) supplying each of their employees with a notice in English and in any language that is the first language spoken by at least 5% of the employer's workforce that contains the information required in paragraph (1) of this subsection (e) and by adding the information contained in paragraph (1) of this subsection (e) to any personnel policies or manuals maintained by the employer and any orientation materials supplied to new employees; or

(B) displaying a poster or posters in places conspicuous and accessible to all employees in each establishment where such employees are employed which contains in English and in any language that is the first language spoken by at least 5% of the employer's workforce, all information required under paragraph (1) of this subsection (e); however, any employer that does not have and maintain written personnel policies or manuals for employees shall display such poster or posters pursuant to the requirements of this item (B).

(3) The Department shall create and make available to employers posters that contain the information required under paragraph (1) of this subsection (e) for their use in complying with the notice provisions of this subsection (e). Such posters shall be available from the Department in person or in a downloadable format from the website of the Department in English and any other language determined by the Department.

(f) Employer records. Employers shall retain records documenting hours worked by employees and paid sick time accrued and taken by employees for a period of 3 years unless otherwise required pursuant to any other law, rules, or regulations and shall allow the Department access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this subsection. An employer is not required to modify its record keeping policies to comply with this subsection if such employer's records reasonably indicate employee hours worked, paid sick time accrued, and paid sick time taken. When an issue arises as to an employee's entitlement to paid sick time under this Section, if the employer does not maintain or retain adequate records documenting hours worked by the employee and paid sick time taken by the employee or does not allow the Department reasonable access to such records, it shall be presumed that the employer has violated this subsection, absent clear and convincing evidence otherwise.

(g) Rules. The Department shall administer and enforce this Act and adopt rules under the Illinois Administrative Procedure Act for the purposes of this Act. Such rules shall permit an employer with a paid leave policy, such as a paid time off policy, that makes available an amount of paid leave sufficient to meet the accrual requirements of this Act, that may be used for the same purposes and under the same conditions as paid sick time under this Act, to maintain its existing timekeeping practices.

(h) Confidentiality and nondisclosure. An employer may not require disclosure of details relating to an employee's medical condition as a condition of providing paid sick time under this Section. If an employer possesses health information about an employee or employee's family member, such information shall be treated as confidential and may not be disclosed except to the affected employee or with the permission of the affected employee.

(i) Encouragement of more generous policies; no effect on more generous policies.

(1) Nothing in this Act shall be construed to discourage or prohibit an employer from the adoption or retention of a paid sick time policy or paid time off policy more generous than the one required in this Act.

(2) Nothing in this Act shall be construed as diminishing the obligation of an employer to comply with any contract, collective bargaining agreement, employment benefit plan or other agreement providing more generous sick time to an employee than required in this Act.

(3) Nothing in this Act shall be construed as diminishing the rights of public employees regarding paid sick time as provided in federal or State law or practice, or in local ordinance.

Section 25. Enforcement.

(a) An employer found to be in violation of this Act is liable for a civil penalty of not less than $500 for each violation.

(b) Penalties imposed under this Section shall not affect any right or remedy available or civil or criminal penalty applicable under law to any individual or entity, or in any way diminish or reduce the remedy or damages recoverable in any action in a court.

(c) Upon a determination that a violation of this Act has occurred, the court may award any appropriate equitable relief to secure compliance with this Act and may award reasonable attorney's fees and costs incurred in maintaining the action to any prevailing complaining party.

(d) Any proceeding to recover a civil penalty authorized under this Section shall be commenced by the service of a notice of violation which shall be returnable to the Department. The Director or his or her designee, shall, after due notice and an opportunity for a hearing, be authorized to impose the civil penalties prescribed by this Section. The decision to impose such penalties shall be a final administrative decision for purposes of review under the Administrative Review Law.

(e) The Department shall take appropriate action to enforce this Section, including, but not limited to, establishing a system to receive complaints from any person charging that a violation of this Act has occurred, investigating any such complaints received, and making findings of violations and civil penalties in accordance with this Section.

(f) Any action or proceeding that may be appropriate or necessary for the correction of any violation issued under this Section including, but not limited to, actions to secure permanent injunctions, enjoining any acts or practices which constitute such violation, mandating compliance with this Act, or such other relief as may be appropriate, may be initiated in the circuit court by the Attorney General on behalf of the Department.

(g) The Department and any aggrieved employee may bring an action in the circuit court against an employer for a violation of this Act within 3 years of the date the alleged violation occurred. Upon a determination that a violation of this Act has occurred, a court may award damages to the aggrieved employee and any other appropriate relief including but not limited to reinstatement of employment and may award reasonable attorney's fees and costs incurred in maintaining the action to any prevailing party.

Section 30. Other provisions.

(a) This Act provides minimum requirements pertaining to paid sick time and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater accrual or use by employees of sick leave or time, whether paid or unpaid, or that extends other protections to employees.

(b) Nothing in this Act shall be construed as creating or imposing any requirement in conflict with any federal law, rule, or regulation, nor shall anything in this Act be construed to diminish or impair the rights of an employee or employer under any valid collective bargaining agreement.

Section 900. The State Mandates Act is amended by adding Section 8.38 as follows:

(30 ILCS 805/8.38 new)

Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 98th General Assembly.

Section 997. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 999. Effective date. This Act takes effect upon becoming law.