Public Act 0683 104TH GENERAL ASSEMBLY
 

 
Public Act 104-0683
 
HB4844 EnrolledLRB104 17822 JRC 31256 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Jury Act is amended by changing Section 4.1 
as follows:
 
    (705 ILCS 305/4.1)  (from Ch. 78, par. 4.1)
    Sec. 4.1. Jury duty; notice to employer; right to time 
off. 
    (a) Any person who is not legally disqualified to serve on 
juries, and has been duly summoned for jury duty for either 
petit or grand jury service, shall be given time off from 
employment to serve upon the jury for which such employee is 
summoned, regardless of the employment shift such employee is 
assigned to at the time of service of such summons. An employee 
shall give his employer reasonable notice of required jury 
service. An employer may not deny an employee time off for jury 
duty because such employee is then assigned to work a night 
shift of employment, that is, an employer cannot require a 
night shift worker to work while such employee is doing jury 
duty in the daytime.
    (b) No employer shall discharge, threaten to discharge, 
intimidate or coerce any employee by reason of the employee's 
jury service, or the attendance or scheduled attendance in 
connection with such service, in any court of this State.
    (c) If an employee gives reasonable notice of required 
jury service, any employer who violates the provisions of this 
Section: 
        (1) may be charged with contempt of court. In such an 
    event, the State's Attorney shall file a petition for 
    civil contempt, criminal contempt, or both, against the 
    employer to be prosecuted by the State's Attorney; and 
        (2) shall be liable for damages for any loss of wages 
    or other benefits suffered by an employee by reason of the 
    violation; and 
        (3) may be enjoined from further violations of this 
    Section and ordered to reinstate any employee discharged 
    by reason of jury service.
    As used in this Section, "reasonable notice of required 
jury service" means that the employee summoned for jury duty 
must deliver to the employer a copy of the summons within 10 
days of the date of issuance of the summons to the employee.
    (d) Any individual who is reinstated to a position of 
employment in accordance with this Section shall be considered 
as having been on furlough or leave of absence during his 
period of jury service, shall be reinstated to his position of 
employment without loss of seniority, and shall be entitled to 
participate in insurance or other benefits offered by the 
employer under established rules and practices relating to 
employees on furlough or leave of absence in effect with the 
employer at the time the individual entered upon jury service.
    (e) In any action or proceeding under this Section, the 
court may award a prevailing employee who brings the action by 
retained counsel a reasonable attorney's fee.
    (f) Any right or remedy provided in this Section is in 
addition to any right or remedy otherwise provided by law to an 
employee.
    (g) Employers shall be required to compensate an employee 
at their regular rate of pay for time serving on jury duty No 
employer shall be obligated to compensate an employee for time 
taken off for jury duty. The requirements of this subsection 
do not apply to employers with 25 or fewer employees. 
    (h) The official responsible for issuing the summons may 
advise the juror of his rights under this Act by printed insert 
with the summons or on the summons itself.
(Source: P.A. 86-1395; 87-616.)
 
    Section 10. The Jury Commission Act is amended by changing 
Section 10.1 as follows:
 
    (705 ILCS 310/10.1)  (from Ch. 78, par. 33.1)
    Sec. 10.1. Jury duty, notice to employer, right to time 
off. (a) Any person who is not legally disqualified to serve on 
juries, and has been duly summoned for jury duty for either 
petit or grand jury service, shall be given time off from 
employment to serve upon the jury for which such employee is 
summoned, regardless of the employment shift such employee is 
assigned to at the time of service of such summons. An employee 
shall give his employer reasonable notice of required jury 
service. An employer may not deny an employee time off for jury 
duty because such employee is then assigned to work a night 
shift of employment, that is, an employer cannot require a 
night shift worker to work while such employee is doing jury 
duty in the daytime.
    (b) No employer shall discharge, threaten to discharge, 
intimidate or coerce any employee by reason of the employee's 
jury service, or the attendance or scheduled attendance in 
connection with such service, in any court of this State.
    (c) If an employee gives reasonable notice of required 
jury service, any employer who violates the provisions of this 
Section: 
        (1) may be charged with contempt of court. In such an 
    event, the State's Attorney shall file a petition for 
    civil contempt, criminal contempt, or both, against the 
    employer to be prosecuted by the State's Attorney; and 
        (2) shall be liable for damages for any loss of wages 
    or other benefits suffered by an employee by reason of the 
    violation; and 
        (3) may be enjoined from further violations of this 
    Section and ordered to reinstate any employee discharged 
    by reason of jury service.
    As used in this Section, "reasonable notice of required 
jury service" means that the employee summoned for jury duty 
must deliver to the employer a copy of the summons within 10 
days of the date of issuance of the summons to the employee.
    (d) Any individual who is reinstated to a position of 
employment in accordance with this Section shall be considered 
as having been on furlough or leave of absence during his 
period of jury service, shall be reinstated to his position of 
employment without loss of seniority, and shall be entitled to 
participate in insurance or other benefits offered by the 
employer under established rules and practices relating to 
employees on furlough or leave of absence in effect with the 
employer at the time the individual entered upon jury service.
    (e) In any action or proceeding under this Section, the 
court may award a prevailing employee who brings the action by 
retained counsel a reasonable attorney's fee.
    (f) Any right or remedy provided in this Section is in 
addition to any right or remedy otherwise provided by law to an 
employee.
    (g) Employers are required to compensate employees at the 
employee's regular rate of pay for time that the employee 
served on jury duty No employer shall be obligated to 
compensate an employee for time taken off for jury duty. The 
requirements of this subsection do not apply to employers with 
25 or fewer employees. 
    (h) The official responsible for issuing the summons may 
advise the juror of his rights under this Act by printed insert 
with the summons or on the summons itself.
(Source: P.A. 86-1395; 87-616.)