Illinois General Assembly - Full Text of SB0208
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Full Text of SB0208  102nd General Assembly




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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 Paid
5Leave for All Workers Act.
6    Section 5. Findings; legislative intent; construction.
7    (a) The General Assembly finds that it is in the public
8policy interests of the State for all working Illinoisans to
9have some paid leave from work to maintain their health and
10well-being, care for their families, or use for any other
11reason of their choosing.
12    (b) It is the intent of the General Assembly by enacting
13this Act:
14        (1) To establish a minimum paid leave standard for all
15    workers in Illinois.
16        (2) To provide employment security and economic
17    security for employees who need to use paid time off from
18    work for any reason.
19        (3) To safeguard the welfare, health, safety, and
20    prosperity of the people of Illinois.
21        (4) To ensure that an employee not be denied use of
22    leave for noncompliance with leave notification policies
23    if the employer has not provided a written copy of its



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1    notification policy to the employee.
2    In order to effectuate this intent, the provisions of this
3Act shall be liberally construed in favor of providing workers
4with the greatest amount of paid time off from work and
5employment security.
6    (c) Nothing in this Act shall be construed to discourage
7employers from adopting or retaining paid sick leave, paid
8vacation, paid holidays, or any other paid time off or paid
9leave policy more generous than policies that comply with the
10requirements of this Act. Nothing in this Act shall be
11construed to discourage or prohibit an employer from allowing
12the use of paid leave at an earlier date than this Act
14    Unless otherwise provided in a collective bargaining
15agreement, nothing in this Act shall be construed to waive or
16otherwise limit an employee's right to final compensation for
17any type of leave promised to be paid under a contract of
18employment or employment policy and earned by the employee
19pursuant to the Illinois Wage Payment and Collection Act.
20    Section 10. Definitions. As used in this Act:
21    "Construction industry" means any constructing, altering,
22reconstructing, repairing, rehabilitating, refinishing,
23refurbishing, remodeling, remediating, renovating, custom
24fabricating, maintenance, landscaping, improving, wrecking,
25painting, decorating, demolishing, or adding to or subtracting



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1from any building, structure, highway, roadway, street,
2bridge, alley, sewer, ditch, sewage disposal plant,
3waterworks, parking facility, railroad, excavation or other
4structure, project, development, real property, or
5improvement, or to do any part thereof, whether or not the
6performance of the work herein described involves the addition
7to or fabrication into, any structure, project, development,
8real property, or improvement herein described of any material
9or article of merchandise.
10    "Construction industry" also includes moving construction
11related materials on the job site or to or from the job site,
12snow plowing, snow removal, and refuse collection.
13    "Department" means the Illinois Department of Labor.
14    "Domestic work" and "domestic worker" have the same
15meanings as defined in Section 10 of the Domestic Workers'
16Bill of Rights Act, except that "domestic worker" also
17includes independent contractors, sole proprietors, and
19    "Employee" has the same application and meaning as that
20provided in Sections 1 and 2 of the Illinois Wage Payment and
21Collection Act. "Employee" also includes all domestic workers,
22and, for the purposes of this Act, domestic workers shall not
23be excluded as employees under the provisions of item (1),
24(2), or (3) of Section 2 of the Illinois Wage Payment and
25Collection Act. "Employee" does not include:
26        (1) an employee as defined in the federal Railroad



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1    Unemployment Insurance Act (45 U.S.C. 351 et seq.) or the
2    Railway Labor Act;
3        (2) a student enrolled in and regularly attending
4    classes in a college or university that is also the
5    student's employer, and who is employed on a temporary
6    basis at less than full time at the college or university,
7    but this exclusion applies only to work performed for that
8    college or university; or
9        (3) a short-term employee who is employed by an
10    institution of higher education for less than 2
11    consecutive calendar quarters during a calendar year and
12    who does not have a reasonable expectation that they will
13    be rehired by the same employer of the same service in a
14    subsequent calendar year.
15    "Employer" has the same application and meaning as that
16provided in Sections 1 and 2 of the Illinois Wage Payment and
17Collection Act, except that for purposes of this Act,
18"employer" also means the State and units of local government,
19any political subdivision of the State or units of local
20government, or any State or local government agency.
21    "Employer" does not include school districts organized
22under the School Code or park districts organized under the
23Park District Code.
24    "Writing" or "written" means a printed or printable
25communication in physical or electronic format, including a
26communication that is transmitted through electronic mail,



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1text message, or a computer system or is otherwise sent or
2stored electronically.
3    Section 15. Provision of paid leave.
4    (a) An employee who works in Illinois is entitled to earn
5and use up to a minimum of 40 hours of paid leave during a
612-month period or a pro rata number of hours of paid leave
7under the provisions of subsection (b). The paid leave may be
8used by the employee for any purpose as long as the paid leave
9is taken in accordance with the provisions of this Act.
10    (b) Paid leave under this Act shall accrue at the rate of
11one hour of paid leave for every 40 hours worked up to a
12minimum of 40 hours of paid leave or such greater amount if the
13employer provides more than 40 hours. Employees who are exempt
14from the overtime requirements of the federal Fair Labor
15Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40
16hours in each workweek for purposes of paid leave accrual
17unless their regular workweek is less than 40 hours, in which
18case paid leave accrues based on that regular workweek.
19Employees shall determine how much paid leave they need to
20use, however employers may set a reasonable minimum increment
21for the use of paid leave not to exceed 2 hours per day. If an
22employee's scheduled workday is less than 2 hours day, the
23employee's scheduled workday shall be used to determine the
24amount of paid leave.
25    (c) An employer may make available the minimum number of



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1hours of paid leave, subject to pro rata requirements provided
2in subsection (b), to an employee on the first day of
3employment or the first day of the 12-month period. Employers
4that provide the minimum number of hours of paid leave to an
5employee on the first day of employment or the first day of the
612-month period are not required to carryover paid leave from
712-month period to 12-month period and may require employees
8to use all paid leave prior to the end of the benefit period or
9forfeit the unused paid leave. However, under no circumstances
10shall an employee be credited with paid leave that is less than
11what the employee would have accrued under subsections (a) and
12(g) of this Section.
13    (d) The 12-month period may be any consecutive 12-month
14period designated by the employer in writing at the time of
15hire. Changes to the 12-month period may be made by the
16employer if notice is given to employees in writing prior to
17the change and the change does not reduce the eligible accrual
18rate and paid leave available to the employee. If the employer
19changes the designated 12-month period, the employer shall
20provide the employee with documentation of the balance of
21hours worked, paid leave accrued and taken, and the remaining
22paid leave balance.
23    (e) Paid leave under this Act may be taken by an employee
24for any reason of the employee's choosing. An employee is not
25required to provide an employer a reason for the leave and may
26not be required to provide documentation or certification as



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1proof or in support of the leave. An employee may choose
2whether to use paid leave provided under this Act prior to
3using any other leave provided by the employer or State law.
4    (f) Employees shall be paid their hourly rate of pay for
5paid leave. However, employees engaged in an occupation in
6which gratuities or commissions have customarily and usually
7constituted and have been recognized as part of the
8remuneration for hire purposes shall be paid by their employer
9at least the full minimum wage in the jurisdiction in which
10they are employed when paid leave is taken. This wage shall be
11treated as the employee's regular rate of pay for purposes of
12this Act.
13    (g) Paid leave under this Act shall begin to accrue at the
14commencement of employment or on the effective date of this
15Act, whichever is later. Employees shall be entitled to begin
16using paid leave 90 days following commencement of their
17employment or 90 days following the effective date of this
18Act, whichever is later.
19    (h) Paid leave under this Act shall be provided upon the
20oral or written request of an employee in accordance with the
21employer's reasonable paid leave policy notification
22requirements which may include the following:
23        (1) If use of paid leave under this Act is
24    foreseeable, the employer may require the employee to
25    provide 7 calendar days' notice before the date the leave
26    is to begin.



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1        (2) If paid leave under this Act is not foreseeable,
2    the employee shall provide such notice as soon as is
3    practicable after the employee is aware of the necessity
4    of the leave. An employer that requires notice of paid
5    leave under this Act when the leave is not foreseeable
6    shall provide a written policy that contains procedures
7    for the employee to provide notice.
8        (3) Employers shall provide employees with written
9    notice of the paid leave policy notification requirements
10    in this Section in the manner provided in Section 20 for
11    notice and posting and within 5 calendar days of any
12    change to the employer's reasonable paid leave policy
13    notification requirements.
14        (4) An employer may not require, as a condition of
15    providing paid leave under this Act, that the employee
16    search for or find a replacement worker to cover the hours
17    during which the employee takes paid leave.
18    (i) Except as provided in subsection (c), paid leave under
19this Act shall carry over annually to the extent not used by
20the employee, provided that nothing in this Act shall be
21construed to require an employer to provide more than 40 hours
22of paid leave for an employee in the 12-month period unless the
23employer agrees to do so.
24    (j) Nothing in this Section or any other Illinois law or
25rule shall be construed as requiring financial or other
26payment to an employee from an employer upon the employee's



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1termination, resignation, retirement, or other separation from
2employment for paid leave accrued under this Act that has not
3been used. Nothing in this Section or any other Illinois law or
4rule shall be construed as requiring financial or other
5reimbursements to an employee from an employer for unused paid
6leave under this Act at the end of the benefit year or any
7other time.
8    (k) If an employee is transferred to a separate division,
9entity, or location, but remains employed by the same
10employer, the employee is entitled to all paid leave accrued
11at the prior division, entity, or location and is entitled to
12use all paid leave as provided in this Section. If there is a
13separation from employment and the employee is rehired within
1412 months of separation by the same employer, previously
15accrued paid leave that had not been used by the employee shall
16be reinstated. The employee shall be entitled to use accrued
17paid leave at the commencement of employment following a
18separation from employment of 12 months or less.
19    (l) Paid leave under this Act shall not be charged or
20otherwise credited to an employee's paid time off bank or
21employee account unless the employer's policy permits such a
22credit. If the paid leave under this Act is credited to an
23employee's paid time off bank or employee vacation account
24then any unused paid leave shall be paid to the employee upon
25the employee's termination, resignation, retirement, or other
26separation to the same extent as vacation time under existing



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1Illinois law or rule. Nothing in this Act shall be construed to
2waive or otherwise limit an employee's right to final
3compensation for promised and earned, but unpaid vacation time
4or paid time off, as provided under the Illinois Wage Payment
5and Collection Act and rules. Employers shall provide
6employees with written notice of changes to the employer's
7vacation time, paid time off, or other paid leave policies
8that affect an employee's right to final compensation for such
10    (m) During any period an employee takes leave under this
11Act, the employer shall maintain coverage for the employee and
12any family member under any group health plan for the duration
13of such leave at no less than the level and conditions of
14coverage that would have been provided if the employee had not
15taken the leave. The employer shall notify the employee that
16the employee is still responsible for paying the employee's
17share of the cost of the health care coverage, if any.
18    (n) Nothing in this Act shall be deemed to interfere with,
19impede, or in any way diminish the right of employees to
20bargain collectively with their employers through
21representatives of their own choosing in order to establish
22wages or other conditions of work in excess of the applicable
23minimum standards established in this Act. The paid leave
24requirements of this Act may be waived in a bona fide
25collective bargaining agreement, but only if the waiver is set
26forth explicitly in such agreement in clear and unambiguous



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2    Nothing in this Act shall be deemed to affect the validity
3or change the terms of bona fide collective bargaining
4agreements in effect on January 1, 2024. After that date,
5requirements of this Act may be waived in a bona fide
6collective bargaining agreement, but only if the waiver is set
7forth explicitly in such agreement in clear and unambiguous
9    In no event shall this Act apply to any employee working in
10the construction industry who is covered by a bona fide
11collective bargaining agreement, nor shall this Act apply to
12any employee who is covered by a bona fide collective
13bargaining agreement with an employer that provides services
14nationally and internationally of delivery, pickup, and
15transportation of parcels, documents, and freight.
16    Notwithstanding the provisions of this subsection, nothing
17in this Act shall be deemed to affect the validity or change
18the terms of a bona fide collective bargaining agreement
19applying to an employee who is employed by a State agency that
20is in effect on July 1, 2024. After that date, requirements of
21this Act may be waived in a bona fide collective bargaining
22agreement, but only if the waiver is set forth explicitly in
23such agreement in clear and unambiguous terms. As used in this
24subsection, "State agency" has the same meaning as set forth
25in Section 4 of the Forms Notice Act.
26    (o) An agreement by an employee to waive his or her rights



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1under this Act is void as against public policy.
2    (p) The provisions of this Act shall not apply to any
3employer that is covered by a municipal or county ordinance
4that is in effect on the effective date of this Act that
5requires employers to give any form of paid leave to their
6employees, including paid sick leave or paid leave.
7Notwithstanding the provisions of this subsection, any
8employer that is not required to provide paid leave to its
9employees, including paid sick leave or paid leave, under a
10municipal or county ordinance that is in effect on the
11effective date of this Act shall be subject to the provisions
12of this Act if the employer would be required to provide paid
13leave under this Act to its employees.
14    Any local ordinance that provides paid leave, including
15paid sick leave or paid leave, enacted or amended after the
16effective date of this Act must comply with the requirements
17of this Act or provide benefits, rights, and remedies that are
18greater than or equal to the benefits, rights, and remedies
19afforded under this Act.
20    An employer in a municipality or county that enacts or
21amends a local ordinance that provides paid leave, including
22paid sick leave or paid leave, after the effective date of this
23Act shall only comply with the local ordinance or ordinances
24so long as the benefits, rights, and remedies are greater than
25or equal to the benefits, rights, and remedies afforded under
26this Act.



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1    Section 20. Related employer responsibilities.
2    (a) An employer subject to this Act shall make and
3preserve records documenting hours worked, paid leave accrued
4and taken, and remaining paid leave balance for each employee
5for a period of not less than 3 years and shall allow the
6Department access to such records, at reasonable times during
7business hours, to monitor compliance with the requirements of
8this Act. In addition, the records shall be preserved for the
9duration of any claim pending pursuant to Section 35. An
10employer that provides paid leave on an accrual basis pursuant
11to subsection (b) of Section 15 shall provide notice of the
12amount of paid leave accrued or used by an employee upon
13request by the employee in accordance with the employer's
14reasonable paid leave policy notification provisions. An
15employer that fails to comply with this subsection is in
16violation of the Act and subject to the civil penalties
17established in Section 35.
18    (b) An employer who provides any type of paid leave policy
19that satisfies the minimum amount of leave required by
20subsection (a) of Section 15 is not required to modify the
21policy if the policy offers an employee the option, at the
22employee's discretion, to take paid leave for any reason.
23Nothing in this Act shall be construed as requiring financial
24or other reimbursements to an employee from an employer for
25unused paid leave under this Act. Nothing in this Act shall be



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1construed to discourage an employer from adopting a paid leave
2policy more generous than the requirements of this Act.
3    (c) For domestic workers, if an employer requires evidence
4of hours worked for other employers to confirm that the
5domestic worker has worked or is scheduled to work 8 or more
6hours in the aggregate for any relevant workweek, a signed
7statement by the domestic worker stating that he or she has
8performed or is scheduled to perform domestic work for 8 or
9more hours in the aggregate for any relevant workweek shall
10satisfy any documentation requirements of hours worked under
11the Domestic Workers' Bill of Rights Act and this Act. Such
12employer shall not require more than one signed statement in a
13calendar quarter if the hours the domestic worker has
14performed or is scheduled to perform domestic work have not
15decreased to less than 8 hours in the aggregate in any relevant
16workweek in that calendar quarter. An employer that requires
17evidence of hours worked must give the domestic worker written
18notice of such request and allow no fewer than 7 days or until
19the next scheduled workday, whichever is greater, for the
20domestic worker to comply with the request. The employer may
21not deny paid leave pending submission of the signed
23    (d) An employer shall post and keep posted in a
24conspicuous place on the premises of the employer where
25notices to employees are customarily posted, and include it in
26a written document, or written employee manual or policy if



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1the employer has one, a notice, to be prepared by the
2Department, summarizing the requirements of this Act and
3information pertaining to the filing of a charge upon
4commencement of an employee's employment or 90 days following
5the effective date of this Act, whichever is later. If an
6employer's workforce is comprised of a significant portion of
7workers who are not literate in English, the employer shall
8notify the Department and a notice in the appropriate language
9shall be prepared by the Department. Employees may also
10request that the Department provide a notice in languages
11other than English, which the employer must post in accordance
12with this subsection. An employer who violates this subsection
13shall be fined a civil penalty of $500 for the first audit
14violation and $1,000 for any subsequent audit violation.
15    (e) No employer shall interfere with, deny, or change an
16employee's work days or hours to avoid providing eligible paid
17leave time to an employee.
18    Section 25. Retaliation. It is unlawful for any employer
19to threaten to take or to take any adverse action against an
20employee because the employee (1) exercises rights or attempts
21to exercise rights under this Act, (2) opposes practices which
22the employee believes to be in violation of this Act, or (3)
23supports the exercise of rights of another under this Act. It
24is unlawful for any employer to consider the use of paid leave
25by an employee as a negative factor in any employment action



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1that involves evaluating, promoting, disciplining, or counting
2paid leave under a no-fault attendance policy. Such
3retaliation shall subject an employer to civil penalties
4pursuant to this Act.
5    An employee who has been unlawfully retaliated against
6shall also be entitled to recover through a claim filed with
7the Department, all legal and equitable relief as may be
9    Section 30. Department responsibilities.
10    (a) The Department shall administer and enforce this Act.
11The Department has the powers and the parties have the rights
12provided in the Illinois Administrative Procedure Act for
13contested cases.
14    (b) An employee may file a complaint with the Department
15alleging violations of the Act within 3 years after the
16alleged violation. An employer that violates this Act is
17liable to any affected employee for damages in the form of the
18actual underpayment, compensatory damages, and a penalty of
19not less than $500 and no more than $1,000. Employees shall
20also be entitled to such equitable relief as may be
21appropriate, in addition to reasonable attorney's fees;
22reasonable expert witness fees, and other costs of the action,
23which shall be paid by the employer to the employee.
24    (c) The Department has the power to conduct investigations
25in connection with the administration and enforcement of this



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1Act, including the power to conduct depositions and discovery
2and to issue subpoenas. If the Department finds cause to
3believe that this Act has been violated, the Department shall
4notify the parties in writing, and the matter shall be
5referred to an Administrative Law Judge to schedule a formal
6hearing in accordance with hearing procedures established by
7rule. Administrative decisions shall be reviewed under the
8Administrative Review Law.
9    (d) The Department is authorized to impose civil penalties
10prescribed in Section 35 for any violation of this Act.
11    (e) The Department is authorized to collect and supervise
12the payment of any damages awarded pursuant to Section 25 and
13subsection (b) of this Section to an employee or employees
14under this Act. Any sums recovered by the Department on behalf
15of an employee or employees under this Act shall be paid to the
16employee or employees affected. The Department is not
17authorized to collect and supervise the payment of any awarded
18attorney's fees. Those fees shall be subject to collection by
19the attorney awarded such fees.
20    (f) The Attorney General may bring an action to enforce
21the collection of any awards made under this Act.
22    (g) The Department shall adopt rules necessary to
23administer and enforce this Act.
24    Section 35. Penalties and enforcement. An employer that
25violates this Act or any rule adopted under this Act shall be



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1subject to a civil penalty of $2,500 for each separate
2offense. An offense means any violation of this Act with the
3exception of a violation of the notice requirement in
4subsection (c) of Section 20. Any penalties collected from an
5employer under this Section or under subsection (d) of Section
620 for violations of this Act shall be deposited into the Paid
7Leave for All Workers Fund, a special fund created in the State
8treasury that is dedicated to enforcing this Act.
9    Section 95. The State Finance Act is amended by adding
10Section 5.990 as follows:
11    (30 ILCS 105/5.990 new)
12    Sec. 5.990. The Paid Leave for All Workers Fund.
13    Section 97. Severability. The provisions of this Act are
14severable under Section 1.31 of the Statute on Statutes.
15    Section 99. Effective date. This Act takes effect January
161, 2024.