Illinois General Assembly - Full Text of HB3297
Illinois General Assembly

Previous General Assemblies

Full Text of HB3297  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Christian L. Mitchell


New Act

    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.

LRB099 07119 JLS 31012 b






HB3297LRB099 07119 JLS 31012 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 1. Short title. This Act may be cited as the
5Employee Paid Health Care Time Act.
6    Section 5. Definitions. In this Act:
7    "Director" means the Director of Labor.
8    "Employee" means an individual permitted to work by an
10    "Employer" means an individual, organization, governmental
11body, partnership, association, corporation, limited liability
12company, or other entity doing business in or operating within
13this State that employs one or more individuals.
14    "Retaliatory action" means the reprimand, discharge,
15suspension, demotion, denial of promotion or transfer, or
16change in the terms or conditions of employment for any
17employee that is taken in retaliation for an employee's
18exercise of his or her rights under this Act.
19    Section 10. Paid health care time.
20    (a) A full-time or part-time employee of a company with 50
21or more employees shall accrue not less than one hour of paid
22health care time for every 22 hours worked. A full-time or



HB3297- 2 -LRB099 07119 JLS 31012 b

1part-time employee of a company with fewer than 50 employees
2shall accrue not less than one hour of paid health care time
3for every 40 hours worked. In the absence of a more generous
4paid health care time plan, an employer may:
5        (1) limit the amount of paid health care time accrued
6    to a maximum of 56 hours in a 12-month period;
7        (2) limit to 40 hours the number of hours in the
8    workweek for which full-time employees not subject to the
9    overtime provisions of the Federal Fair Labor Standards Act
10    (29 U.S.C. 213(a)(1)) may accrue paid health care time; or
11        (3) incorporate paid health care time within a
12    complement of paid leave for its employees that provides no
13    less than the minimum required by this Section.
14    (b) Paid health care time shall be compensated at the same
15hourly rate and with the same benefits, including health care
16benefits, as the employee normally earns for hours worked.
17Service or tipped employees shall be compensated at an amount
18that is not less than the minimum wage required for non-service
19or non-tipped employees under the Minimum Wage Law.
20    (c) An employee may use paid health care time for any of
21the following reasons:
22        (1) The employee is ill or injured.
23        (2) The employee obtains professional diagnostic,
24    preventive, routine, or therapeutic health care.
25        (3) The employee cares for a sick or injured child,
26    parent, parent-in-law, grandparent, spouse, domestic



HB3297- 3 -LRB099 07119 JLS 31012 b

1    partner, stepchild, foster child, or ward of the employee
2    who lives with the employee, including helping that
3    individual obtain diagnostic, preventive, routine, or
4    therapeutic health treatment.
5    (d) Unless an employer and its employees agree to paid
6health care time provisions more generous to employees with
7respect to accrual rates and maximum hours:
8        (1) An employee shall use paid health care time in the
9    smallest time increment that the employer's payroll system
10    uses to account for other absences, when the employee's
11    absence is shorter than a normal workday.
12        (2) Paid health care time that is accrued but unused
13    shall be carried over to the next year, but an employee may
14    use no more than 56 hours of paid health care in any one
15    year, unless the employer provides a more generous
16    allotment.
17        (3) Upon separation from employment, an employee shall
18    not be entitled to payment for unused paid health care time
19    unless agreed upon by the employer.
20        (4) At the employer's discretion, an employee may
21    borrow paid health care time before the time is actually
22    accrued.
23        (5) An employee who is rehired within 12 months after a
24    separation from employment shall retain paid health care
25    time accrued but unused at the time of separation.
26    (e) An employer with a paid health care time policy that is



HB3297- 4 -LRB099 07119 JLS 31012 b

1comparable to or more generous than the paid health care time
2provided under this Section is not required to provide
3additional paid health care time.
4    (f) An employer may not require an employee to look for or
5provide a replacement worker for the time during which the
6employee uses or is expected to use paid health care time.
7    (g) An employer may require an employee planning to take
8paid health care time to notify the employer as soon as
9practical by providing an explanation of the reason for taking
10paid health care time and for the expected duration of the
11employee's absence.
12    (h) An employer may require certification from a health
13care provider to verify the need for paid health care time when
14the employee is absent or plans to be absent for more than 3
15consecutive workdays.
16    If the reason that the employee has been absent for more
17than 3 consecutive workdays is due to domestic violence, sexual
18assault, or stalking, the employee may provide certification by
19means of a sworn statement from the employee or law enforcement
20or court records or other documentation from an attorney or
21legal advisor, member of the clergy, or health care provider.
22An employer receiving information relating to domestic
23violence, sexual assault, or stalking shall not disclose the
24information unless the employee has consented in writing to the
25disclosure. If the employer is required by law to disclose this
26information, the employer shall notify the employee at the time



HB3297- 5 -LRB099 07119 JLS 31012 b

1the notice or request for disclosure is received by the
2employer and prior to disclosure.
3    The employee shall provide the certification no later than
430 days after it is requested by the employer. The employer
5shall pay the cost of or reimburse the employee for any
6out-of-pocket costs related to providing this certification.
7    (i) An employer shall post notice of the provisions of this
8Act in a form provided by the Director in a place conspicuous
9to employees at the employer's place of business.
10    Section 15. Retaliation prohibited. An employer may not
11take retaliatory action against an employee for exercising his
12or her rights under this Act.
13    Section 20. Penalty. An employer that violates this Act is
14guilty of a petty offense. The penalty is a fine in the amount
15of $500.
16    Section 99. Effective date. This Act takes effect July 1,