103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4228

 

Introduced 11/8/2023, by Rep. Dan Swanson

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 192/10

    Amends the Paid Leave for All Workers Act. Provides that the definition of "employer" does not include fire protection districts organized under the Fire Protection District Act.


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A BILL FOR

 

HB4228LRB103 35067 SPS 65020 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Paid Leave for All Workers Act is amended by
5changing Section 10 as follows:
 
6    (820 ILCS 192/10)
7    (This Section may contain text from a Public Act with a
8delayed effective date)
9    Sec. 10. Definitions. As used in this Act:
10    "Construction industry" means any constructing, altering,
11reconstructing, repairing, rehabilitating, refinishing,
12refurbishing, remodeling, remediating, renovating, custom
13fabricating, maintenance, landscaping, improving, wrecking,
14painting, decorating, demolishing, or adding to or subtracting
15from any building, structure, highway, roadway, street,
16bridge, alley, sewer, ditch, sewage disposal plant,
17waterworks, parking facility, railroad, excavation or other
18structure, project, development, real property, or
19improvement, or to do any part thereof, whether or not the
20performance of the work herein described involves the addition
21to or fabrication into, any structure, project, development,
22real property, or improvement herein described of any material
23or article of merchandise.

 

 

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1    "Construction industry" also includes moving construction
2related materials on the job site or to or from the job site,
3snow plowing, snow removal, and refuse collection.
4    "Department" means the Illinois Department of Labor.
5    "Domestic work" and "domestic worker" have the same
6meanings as defined in Section 10 of the Domestic Workers'
7Bill of Rights Act, except that "domestic worker" also
8includes independent contractors, sole proprietors, and
9partnerships.
10    "Employee" has the same application and meaning as that
11provided in Sections 1 and 2 of the Illinois Wage Payment and
12Collection Act. "Employee" also includes all domestic workers,
13and, for the purposes of this Act, domestic workers shall not
14be excluded as employees under the provisions of item (1),
15(2), or (3) of Section 2 of the Illinois Wage Payment and
16Collection Act. "Employee" does not include:
17        (1) an employee as defined in the federal Railroad
18    Unemployment Insurance Act (45 U.S.C. 351 et seq.) or the
19    Railway Labor Act;
20        (2) a student enrolled in and regularly attending
21    classes in a college or university that is also the
22    student's employer, and who is employed on a temporary
23    basis at less than full time at the college or university,
24    but this exclusion applies only to work performed for that
25    college or university; or
26        (3) a short-term employee who is employed by an

 

 

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1    institution of higher education for less than 2
2    consecutive calendar quarters during a calendar year and
3    who does not have a reasonable expectation that they will
4    be rehired by the same employer of the same service in a
5    subsequent calendar year.
6    "Employer" has the same application and meaning as that
7provided in Sections 1 and 2 of the Illinois Wage Payment and
8Collection Act, except that for purposes of this Act,
9"employer" also means the State and units of local government,
10any political subdivision of the State or units of local
11government, or any State or local government agency.
12    "Employer" does not include school districts organized
13under the School Code, or park districts organized under the
14Park District Code, or fire protection districts organized
15under the Fire Protection District Act.
16    "Writing" or "written" means a printed or printable
17communication in physical or electronic format, including a
18communication that is transmitted through electronic mail,
19text message, or a computer system or is otherwise sent or
20stored electronically.
21(Source: P.A. 102-1143, eff. 1-1-24.)