Full Text of HB3297 99th General Assembly
HB3297 99TH GENERAL ASSEMBLY
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
Introduced , by Rep. Christian L. Mitchell
SYNOPSIS AS INTRODUCED:
Creates the Employee Paid Health Care Time Act. Provides that
employees shall accrue paid health care time at a rate of not less than one
hour for every 22 hours worked for an employer with 50 or more employees
and at a rate of one hour for every 40 hours worked for an employer with
fewer than 50 employees. Sets forth purposes for which paid health care
time may be used. Applies to employers employing one or more individuals.
Prohibits retaliation by employers. Defines terms. Provides that a
violation by an employer is a petty offense with a fine of $500. Effective
July 1, 2015.
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A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Employee Paid Health Care Time Act.
In this Act:
"Director" means the Director of Labor.
"Employee" means an individual permitted to work by an
"Employer" means an individual, organization, governmental
body, partnership, association, corporation, limited liability
company, or other entity doing business in or operating within
this State that employs one or more individuals.
"Retaliatory action" means the reprimand, discharge,
suspension, demotion, denial of promotion or transfer, or
change in the terms or conditions of employment for any
employee that is taken in retaliation for an employee's
exercise of his or her rights under this Act.
Paid health care time.
(a) A full-time or part-time employee of a company with 50
or more employees shall accrue not less than one hour of paid
health care time for every 22 hours worked. A full-time or
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part-time employee of a company with fewer than 50 employees
shall accrue not less than one hour of paid health care time
for every 40 hours worked. In the absence of a more generous
care time plan, an employer may:
(1) limit the amount of paid health care time accrued
to a maximum of 56 hours in a 12-month period;
(2) limit to 40 hours the number of hours in the
workweek for which full-time employees not subject to the
overtime provisions of the Federal Fair Labor Standards Act
(29 U.S.C. 213(a)(1)) may accrue paid health care time; or
(3) incorporate paid health care time within a
complement of paid leave for its employees that provides no
less than the minimum required by this Section.
(b) Paid health care time shall be compensated at the same
hourly rate and with the same benefits, including health care
benefits, as the employee normally earns for hours worked.
Service or tipped employees shall be compensated at an amount
that is not less than the minimum wage required for non-service
or non-tipped employees under the Minimum Wage Law.
(c) An employee may use paid health care time for any of
the following reasons:
(1) The employee is ill or injured.
(2) The employee obtains professional diagnostic,
preventive, routine, or therapeutic health care.
(3) The employee cares for a sick or injured child,
parent, parent-in-law, grandparent, spouse, domestic
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partner, stepchild, foster child, or ward of the employee
who lives with the employee, including helping that
individual obtain diagnostic, preventive, routine, or
therapeutic health treatment.
(d) Unless an employer and its employees agree to paid
health care time provisions more generous to employees with
respect to accrual rates and maximum hours:
(1) An employee shall use paid health care time in the
smallest time increment that the employer's payroll system
uses to account for other absences, when the employee's
absence is shorter than a normal workday.
(2) Paid health care time that is accrued but unused
shall be carried over to the next year, but an employee may
use no more than 56 hours of paid health care in any one
year, unless the employer provides a more generous
(3) Upon separation from employment, an employee shall
not be entitled to payment for unused paid health care time
unless agreed upon by the employer.
(4) At the employer's discretion, an employee may
borrow paid health care time before the time is actually
(5) An employee who is rehired within 12 months after a
separation from employment shall retain paid health care
time accrued but unused at the time of separation.
(e) An employer with a paid health care time policy that is
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comparable to or more generous than the paid health care time
provided under this Section is not required to provide
additional paid health care time.
(f) An employer may not require an employee to look for or
provide a replacement worker for the time during which the
employee uses or is expected to use paid health care time.
(g) An employer may require an employee planning to take
paid health care time to notify the employer as soon as
practical by providing an explanation of the reason for taking
paid health care time and for the expected duration of the
(h) An employer may require certification from a health
care provider to verify the need for paid health care time when
the employee is absent or plans to be absent for more than 3
If the reason that the employee has been absent for more
than 3 consecutive workdays is due to domestic violence, sexual
assault, or stalking, the employee may provide certification by
means of a sworn statement from the employee or law enforcement
or court records or other documentation from an attorney or
legal advisor, member of the clergy, or health care provider.
An employer receiving information relating to domestic
violence, sexual assault, or stalking shall not disclose the
information unless the employee has consented in writing to the
disclosure. If the employer is required by law to disclose this
information, the employer shall notify the employee at the time
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the notice or request for disclosure is received by the
employer and prior to disclosure.
The employee shall provide the certification no later than
30 days after it is requested by the employer. The employer
shall pay the cost of or reimburse the employee for any
out-of-pocket costs related to providing this certification.
(i) An employer shall post notice of the provisions of this
Act in a form provided by the Director in a place conspicuous
to employees at the employer's place of business.
An employer may not
take retaliatory action against an employee for exercising his
or her rights under this Act.
An employer that violates this Act is
guilty of a petty offense. The penalty is a fine in the amount
This Act takes effect July 1,