|
| | 10000HB2771ham001 | - 2 - | LRB100 08738 JLS 24205 a |
|
|
1 | | shortening the duration of illnesses. Providing employees |
2 | | with time off to attend to their own health care needs |
3 | | ensures that they will be healthier and more efficient |
4 | | employees. It will also reduce the spread of disease within |
5 | | workplaces and to the public, such as customers, when |
6 | | employees go to work sick, a practice known as |
7 | | "presenteeism". Routine medical care results in savings by |
8 | | detecting and treating illness and injury early and |
9 | | decreasing the need for emergency care. These savings |
10 | | benefit public and private payers of health insurance. |
11 | | (3) When the school of a worker's child is closed |
12 | | because of extreme weather, it is often at the last minute |
13 | | and workers cannot find someone to babysit so they are |
14 | | forced to stay at home to take care of their children. |
15 | | (4) Nearly one-quarter of American women report |
16 | | domestic violence and nearly one in 5 women report |
17 | | experiencing rape at some time during their lives. Many |
18 | | workers, men and women, need time off to care for their |
19 | | health after these incidents or to take legal action. |
20 | | Without paid time off, victims are in danger of losing |
21 | | their jobs. |
22 | | (5) Employers that provide paid sick days see better |
23 | | productivity, reduced flu contagion, and lower turnover, |
24 | | which saves them the costs of replacing and training |
25 | | workers.
|
26 | | (b) This Act is enacted to establish the Healthy Workplace |
|
| | 10000HB2771ham001 | - 3 - | LRB100 08738 JLS 24205 a |
|
|
1 | | Act to provide at least a minimum time-off standard of paid |
2 | | sick days for all workers. |
3 | | Section 10. Definitions. As used in this Act: |
4 | | "Child" means a son or daughter who is a biological, |
5 | | adopted, or foster child, a stepchild, a legal ward, or a child |
6 | | of a person standing in loco parentis. |
7 | | "Construction industry" means any constructing, altering, |
8 | | reconstructing, repairing, rehabilitating, refinishing, |
9 | | refurbishing, remodeling, remediating, renovating, custom |
10 | | fabricating, maintenance, landscaping, improving, wrecking, |
11 | | painting, decorating, demolishing, or adding to or subtracting |
12 | | from any building, structure, highway, roadway, street, |
13 | | bridge, alley, sewer, ditch, sewage disposal plant, |
14 | | waterworks, parking facility, railroad, excavation or other |
15 | | structure, project, development, real property, or |
16 | | improvement, or to do any part thereof, whether or not the |
17 | | performance of the work herein described involves the addition |
18 | | to or fabrication into, any structure, project, development, |
19 | | real property, or improvement herein described of any material |
20 | | or article of merchandise. "Construction industry" also |
21 | | includes moving construction related materials on the job site |
22 | | or to or from the job site, snow plowing, snow removal, and |
23 | | refuse collection. |
24 | | "Department" means the Illinois Department of Labor. |
25 | | "Employee" means any person who performs services for an |
|
| | 10000HB2771ham001 | - 4 - | LRB100 08738 JLS 24205 a |
|
|
1 | | employer for wage, remuneration, or other compensation. This |
2 | | includes persons working any number of hours, including a |
3 | | full-time or part-time status. |
4 | | "Employer" means one who employs at least one employee, |
5 | | including, but not limited to, this State and its political |
6 | | subdivisions, a temporary services agency, an employment |
7 | | agency, or an employee organization. "Employer" does not |
8 | | include school districts organized under the School Code, park |
9 | | districts organized under the Park District Code, or any City |
10 | | of Chicago Sister Agency under the Chicago Minimum Wage and |
11 | | Paid Sick Leave Ordinance as of the effective date of this Act. |
12 | | "Family member" means a child, spouse, parent, the child or |
13 | | parent of an employee's spouse, a sibling, grandparent, |
14 | | grandchild, or any other individual related by blood or whose |
15 | | close association with the employee is the equivalent of a |
16 | | family relationship. |
17 | | "Healthcare provider" means a person: |
18 | | (1) who is: (i) licensed to practice medicine in all of |
19 | | its branches in Illinois and possesses the degree of doctor |
20 | | of medicine; (ii) licensed to practice medicine in all of |
21 | | its branches in Illinois and possesses the degree of doctor |
22 | | of osteopathy or osteopathic medicine; (iii) licensed to |
23 | | practice medicine in all of its branches or as an |
24 | | osteopathic physician in another state or jurisdiction; or |
25 | | (iv) any other person determined by final rule under the |
26 | | Family and Medical Leave Act of 1993; and |
|
| | 10000HB2771ham001 | - 5 - | LRB100 08738 JLS 24205 a |
|
|
1 | | (2) who is not employed by an employer to whom the |
2 | | provider issues certifications under this Act. |
3 | | "Paid sick day" means a portion of or a regular workday |
4 | | when an employee is unable to report to work because of a |
5 | | reason described in subsection (b) of Section 15. |
6 | | "Parent" means a biological or adoptive parent, a foster or |
7 | | stepparent, a parent of a legal ward, or a person who stands in |
8 | | loco parentis to an employee or an employee's spouse. |
9 | | "Spouse" means a party to a marriage or a party to a civil |
10 | | union as defined by Illinois statute. |
11 | | Section 15. Provision of paid sick days.
|
12 | | (a) All employees who work in Illinois who are absent from |
13 | | work for a reason set forth in subsection (b) shall be entitled |
14 | | to earn and use a minimum of 5 paid sick days during a 12-month |
15 | | period or a pro rata number of paid sick days or hours under |
16 | | the provisions of subsection (c). The 12-month period for an |
17 | | employee shall be calculated from the date of hire or |
18 | | subsequent anniversary date. |
19 | | (b) Paid sick days shall be provided to an employee by an |
20 | | employer to: |
21 | | (1) care for the employee's own physical or mental |
22 | | illness, injury, or health condition, or seek medical |
23 | | diagnosis or care; |
24 | | (2) care for the employee's family member who is |
25 | | suffering from a physical or mental illness, injury, or |
|
| | 10000HB2771ham001 | - 6 - | LRB100 08738 JLS 24205 a |
|
|
1 | | health condition, or seek medical diagnosis or care; or |
2 | | (3) attend a medical appointment for himself or herself |
3 | | or a medical appointment of the employee's family member; |
4 | | (4) care for a child whose school or place of care has |
5 | | been closed by order of a public official due to a public |
6 | | health emergency or to not go in to work because of the |
7 | | closure of the employee's place of business by order of a |
8 | | public health official due to a public health emergency; or |
9 | | (5) be off from work because he or she or the |
10 | | employee's family member is the victim of domestic violence |
11 | | as defined in Section 103(3) of the Illinois Domestic |
12 | | Violence Act of 1986 or sexual violence as defined under |
13 | | Article 11 and Sections 12-7.3, 12-7.4, and 12-7.5 of the |
14 | | Illinois Criminal Code of 2012. |
15 | | (c) Paid sick days shall accrue at the rate of one hour of |
16 | | paid sick time for every 40 hours worked up to a minimum of 40 |
17 | | hours of paid sick time unless the employer selects a higher |
18 | | limit. Employees who are exempt from the overtime requirements |
19 | | of the federal Fair Labor Standards Act (29 U.S.C. 213(a)(1)) |
20 | | shall be deemed to work 40 hours in each work week for purposes |
21 | | of paid sick day accrual unless their normal work week is less |
22 | | than 40 hours, in which case paid sick days accrue based on |
23 | | that normal work week. Employees shall determine how much paid |
24 | | sick days they need to use, provided that employers may set a |
25 | | reasonable minimum increment for the use of a paid sick day not |
26 | | to exceed 4 hours per day. |
|
| | 10000HB2771ham001 | - 7 - | LRB100 08738 JLS 24205 a |
|
|
1 | | (d) Employees shall be paid their regular rate of pay for a |
2 | | paid sick day. However, an employee engaged in an occupation in |
3 | | which gratuities have customarily and usually constituted and |
4 | | have been recognized as part of the remuneration for hire |
5 | | purposes shall be paid by his or her employer at least the full |
6 | | Illinois minimum wage for a paid sick day taken. Paid sick days |
7 | | under this Act shall not be charged or otherwise credited to |
8 | | employee vacation accounts. |
9 | | (e) Paid sick days shall begin to accrue at the |
10 | | commencement of employment or on the effective date of this |
11 | | Act, whichever is later. An employee shall be entitled to begin |
12 | | using a sick day 180 days following commencement of his or her |
13 | | employment or 180 days following the effective date of this |
14 | | Act, whichever is later. Nothing in this Section shall be |
15 | | construed to discourage or prohibit an employer from allowing |
16 | | the use of paid sick days at an earlier date than this Section |
17 | | requires. Nothing in this Act shall be construed to discourage |
18 | | employers from adopting or retaining paid sick day policies |
19 | | more generous than policies that comply with the requirements |
20 | | of this Act. |
21 | | (f) An employer may require certification of the qualifying |
22 | | illness, injury, or health condition when paid sick days cover |
23 | | more than 3 consecutive workdays. Any reasonable documentation |
24 | | signed by a healthcare provider involved in following or |
25 | | treating the illness, injury, or health condition, and |
26 | | indicating the need for the amount of sick days taken, shall be |
|
| | 10000HB2771ham001 | - 8 - | LRB100 08738 JLS 24205 a |
|
|
1 | | deemed acceptable certification. Nothing in this Act shall be |
2 | | construed to require an employee to provide as certification |
3 | | any information from a healthcare provider that would be in |
4 | | violation of Section 1177 of the Social Security Act or the |
5 | | regulations promulgated pursuant to the federal Health |
6 | | Insurance Portability and Accountability Act of 1996. If an |
7 | | employer possesses health information about an employee or |
8 | | employee's family member, such information shall be treated as |
9 | | confidential and not disclosed except with the permission of |
10 | | the affected employee. For time used pursuant to subdivision |
11 | | (b)(5), any one of the following is acceptable documentation, |
12 | | and only one of the following shall be required: a police |
13 | | report, court document, or signed statement from an attorney, a |
14 | | member of the clergy, or a victim services advocate. It is up |
15 | | to the employee to determine which documentation to submit. |
16 | | The employer shall not delay the commencement of leave |
17 | | taken for purposes of subsection (b) of this Section nor delay |
18 | | pay for this period on the basis that the employer has not yet |
19 | | received the certification. |
20 | | (g) Paid sick days shall be provided upon the oral request |
21 | | of an employee. If the necessity for paid sick days under this |
22 | | Act is foreseeable, the employee shall provide the employer |
23 | | with not less than 7 days' notice before the date the leave is |
24 | | to begin. If the necessity for leave is not foreseeable, the |
25 | | employee shall provide such notice as soon as is practicable |
26 | | after the employee is aware of the necessity of such leave. An |
|
| | 10000HB2771ham001 | - 9 - | LRB100 08738 JLS 24205 a |
|
|
1 | | employer may not require, as a condition of providing paid sick |
2 | | days under this Act, that the employee search for or find a |
3 | | replacement worker to cover the hours during which the employee |
4 | | is on paid sick days leave. |
5 | | (h) Paid sick days shall carry over annually to the extent |
6 | | not used by the employee, provided that nothing in this Act |
7 | | shall be construed to require an employer to allow use of more |
8 | | than 5 paid sick days for an employee unless an employer agrees |
9 | | to do so. |
10 | | (i) It shall be unlawful for an employer to interfere with, |
11 | | restrain, deny, change work days or hours scheduled to avoid |
12 | | paying sick days, or discipline an employee for the exercise |
13 | | of, or the attempt to exercise, any right provided under or in |
14 | | connection with this Act, including considering the use of paid |
15 | | sick days as a negative factor in an employment action that |
16 | | involves hiring, terminating, evaluating, promoting, |
17 | | disciplining, or counting the paid sick days under a no-fault |
18 | | attendance policy. |
19 | | (j) During any period an employee takes leave under this |
20 | | Act, the employer shall maintain coverage for the employee and |
21 | | any family member under any group health plan for the duration |
22 | | of such leave at at least the level and conditions of coverage |
23 | | as would have been provided if the employee had not taken the |
24 | | leave. |
25 | | (k) Nothing in this Section shall be construed as requiring |
26 | | financial or other reimbursement to an employee from an |
|
| | 10000HB2771ham001 | - 10 - | LRB100 08738 JLS 24205 a |
|
|
1 | | employer upon the employee's termination, resignation, |
2 | | retirement, or other separation from employment for accrued |
3 | | paid sick days that have not been used. |
4 | | (l) Nothing in this Section shall be construed to prohibit |
5 | | an employer from taking disciplinary action, up to and |
6 | | including termination, against an employee who uses paid sick |
7 | | days provided pursuant to this Act for purposes other than |
8 | | those described in this Section. |
9 | | (m) If an employee is transferred to a separate division, |
10 | | entity, or location, but remains employed by the same employer, |
11 | | the employee is entitled to all paid sick days accrued at the |
12 | | prior division, entity, or location and is entitled to use all |
13 | | paid sick days as provided in this Section. Where there is a |
14 | | separation from employment and the employee is rehired within |
15 | | 12 months of separation by the same employer, previously |
16 | | accrued paid sick days that had not been used shall be |
17 | | reinstated. Such employee shall be entitled to use accrued paid |
18 | | sick days at the commencement of employment following a |
19 | | separation from employment of 12 months or less. |
20 | | (n) Nothing in this Section shall be deemed to interfere |
21 | | with, impede, or in any way diminish the right of employees to |
22 | | bargain collectively with their employers through |
23 | | representatives of their own choosing in order to establish |
24 | | wages or other conditions of work in excess of the applicable |
25 | | minimum standards of the provisions of this Act. Nothing in |
26 | | this Section shall be deemed to affect the validity or change |
|
| | 10000HB2771ham001 | - 11 - | LRB100 08738 JLS 24205 a |
|
|
1 | | the terms of bona fide collective bargaining agreements in |
2 | | force on the effective date of this Act. After the effective |
3 | | date of this Act, requirements of this Section may be waived in |
4 | | a bona fide collective bargaining agreement, but only if the |
5 | | waiver is set forth explicitly in such agreement in clear and |
6 | | unambiguous terms. In no event shall this Section apply to any |
7 | | employee working in the construction industry who is covered by |
8 | | a bona fide collective bargaining agreement. |
9 | | Section 20. Related employer responsibilities.
|
10 | | (a) An employer subject to any provision of this Act shall |
11 | | make and preserve records documenting hours worked by employees |
12 | | and the amount of paid sick days taken by employees for a |
13 | | period of not less than 3 years and shall allow the Department |
14 | | access to such records, with appropriate notice and a mutually |
15 | | agreeable time, to monitor compliance with the requirements of |
16 | | this Section. |
17 | | (b) An agreement by an employee to waive his or her right |
18 | | under this Act, except as allowed under subsection (n) of |
19 | | Section 15, is void as against public policy. |
20 | | (c) Employers who have a paid time off policy that complies |
21 | | with at least the minimum requirements of this Act shall not be |
22 | | required to modify such a policy if such policy offers an |
23 | | employee the option, at the employee's discretion, to take paid |
24 | | sick days that are at least equivalent to the paid sick days |
25 | | described in this Act. |
|
| | 10000HB2771ham001 | - 12 - | LRB100 08738 JLS 24205 a |
|
|
1 | | (d) Employers shall post and keep posted in a conspicuous |
2 | | place on the premises of the employer where notices to |
3 | | employees are customarily posted, or include in an employee |
4 | | manual or policy, a notice, to be prepared by the Department, |
5 | | summarizing the requirements of this Act and information |
6 | | pertaining to the filing of a charge. If an employer's |
7 | | workforce is comprised of a significant portion of workers who |
8 | | are not literate in English, the employer is responsible for |
9 | | providing the notice in a language in which the employees are |
10 | | literate. An employer who willfully violates the notice and |
11 | | posting requirements of this Section shall be subject to a |
12 | | civil penalty in an amount not to exceed $100 for each separate |
13 | | offense. |
14 | | Section 25. Unlawful employer practices.
It is unlawful for |
15 | | any employer to take any adverse action against an employee |
16 | | because the employee (1) exercises rights or attempts to |
17 | | exercise rights under this Act, (2) opposes practices which |
18 | | such employee believes to be in violation of this Act, or (3) |
19 | | supports the exercise of rights of another under this Act. |
20 | | Exercising rights under this Act includes filing an action |
21 | | or instituting or causing to be instituted any proceeding under |
22 | | or related to this Act; providing or agreeing to provide any |
23 | | information in connection with any inquiry or proceeding |
24 | | relating to any right provided under this Act; or testifying to |
25 | | or agreeing to testify in any inquiry or proceeding relating to |
|
| | 10000HB2771ham001 | - 13 - | LRB100 08738 JLS 24205 a |
|
|
1 | | any right provided under this Act.
|
2 | | Section 30. Department responsibilities. |
3 | | (a) The Department shall administer and enforce this Act |
4 | | and adopt rules under the Illinois Administrative Procedure Act |
5 | | for the purpose of this Act. The Department shall have the |
6 | | powers and the parties shall have the rights provided in the |
7 | | Illinois Administrative Procedure Act for contested cases. The |
8 | | Department shall have the power to conduct investigations in |
9 | | connection with the administration and enforcement of this Act, |
10 | | including the power to conduct depositions and discovery and to |
11 | | issue subpoenas. If the Department finds cause to believe that |
12 | | this Act has been violated, the Department shall notify the |
13 | | parties in writing and the matter shall be referred to an |
14 | | Administrative Law Judge to schedule a formal hearing in |
15 | | accordance with hearing procedures established by rule. |
16 | | (b) The Department is authorized to impose civil penalties |
17 | | prescribed in Section 35 in administrative proceedings that |
18 | | comply with the Illinois Administrative Procedure Act and to |
19 | | supervise the payment of the unpaid wages and damages owing to |
20 | | the employee or employees under this Act. The Department may |
21 | | bring any legal action necessary to recover the amount of |
22 | | unpaid wages, damages, and penalties, and the employer shall be |
23 | | required to pay the costs. Any sums recovered by the Department |
24 | | on behalf of an employee under this Act shall be paid to the |
25 | | employee or employees affected. However, 20% of any penalty |
|
| | 10000HB2771ham001 | - 14 - | LRB100 08738 JLS 24205 a |
|
|
1 | | collected from the employer for a violation of this Act shall |
2 | | be deposited into the Healthy Workplace Fund, a special fund |
3 | | created in the State treasury that is dedicated to enforcing |
4 | | this Act. |
5 | | (c) The Attorney General may bring an action to enforce the |
6 | | collection of any civil penalty imposed under this Act. |
7 | | Section 35. Enforcement.
|
8 | | (a) An employee who believes his or her rights under this |
9 | | Act or any rule adopted under this Act have been violated may, |
10 | | within 3 years after the date of the last event constituting |
11 | | the alleged violation for which the action is brought, file a |
12 | | complaint with the Department or file a civil action. |
13 | | (b) Any employer that violates this Act is liable in a |
14 | | claim filed with the Department or in a civil action in circuit |
15 | | court to any affected individuals for actual and compensatory |
16 | | damages, with interest at the prevailing rate, punitive |
17 | | damages, and such equitable relief as may be appropriate, in |
18 | | addition to reasonable attorney's fees, reasonable expert |
19 | | witness fees, and other costs of the action to be paid by the |
20 | | defendant. A civil action may be brought without first filing |
21 | | an administrative complaint. |
22 | | (c) Any employer that the Department or a court finds by a |
23 | | preponderance of the evidence to have knowingly, repeatedly, or |
24 | | with reckless disregard violated any provision of this Act or |
25 | | any rule adopted under this Act is subject to a civil money |