Illinois General Assembly - Full Text of HB2343
Illinois General Assembly

Previous General Assemblies

Full Text of HB2343  101st General Assembly

HB2343ham001 101ST GENERAL ASSEMBLY

Rep. Jehan Gordon-Booth

Filed: 3/22/2019

 

 


 

 


 
10100HB2343ham001LRB101 04970 JLS 58003 a

1
AMENDMENT TO HOUSE BILL 2343

2    AMENDMENT NO. ______. Amend House Bill 2343 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Healthy Workplace Act.
 
6    Section 5. Findings and purpose.
7    (a) The General Assembly finds:
8        (1) Nearly every worker in the State is likely to need
9    time off to attend to his or her own illness or that of a
10    family member. More than 30% of all private sector workers
11    in Illinois (almost 2,000,000 people) have no right to a
12    paid sick day. Over three-fourths of the lowest-wage
13    workers do not receive paid sick time and cannot forfeit a
14    day's work, so they often come into work sick.
15        (2) Preventive and routine medical care helps avoid
16    illness and injury by detecting illnesses early on and

 

 

10100HB2343ham001- 2 -LRB101 04970 JLS 58003 a

1    shortening the duration of illnesses. Providing employees
2    with time off to attend to their own health care needs
3    ensures that they will be healthier and more efficient
4    employees. It will also reduce the spread of disease within
5    workplaces and to the public, such as customers, when
6    employees go to work sick, a practice known as
7    "presenteeism". Routine medical care results in savings by
8    detecting and treating illness and injury early and
9    decreasing the need for emergency care. These savings
10    benefit public and private payers of health insurance.
11        (3) When the school of a worker's child is closed
12    because of extreme weather, it is often at the last minute
13    and workers cannot find someone to babysit, so they are
14    forced to stay at home to take care of their children.
15        (4) Nearly one-quarter of American women report
16    domestic violence and nearly one in 5 women report
17    experiencing rape at some time during their lives. Many
18    workers, men and women, need time off to care for their
19    health after these incidents or to take legal action.
20    Without paid time off, victims are in danger of losing
21    their jobs.
22        (5) Employed individuals who have court appointments,
23    sentencing hearings, probation, conditional discharge,
24    parole, or mandatory supervised release requirements, or
25    are visiting a family member in jail or prison need paid
26    time off work so that their families do not fall further

 

 

10100HB2343ham001- 3 -LRB101 04970 JLS 58003 a

1    into economic jeopardy and so that they are not further
2    penalized, as these court-related events are frequently
3    scheduled during work hours.
4        (6) Employers that provide paid sick time see better
5    productivity, reduced flu contagion, and lower turnover,
6    which saves them the costs of replacing and training
7    workers.
8    (b) This Act is enacted to establish the Healthy Workplace
9Act to provide at least a minimum time-off standard of paid
10sick time for all workers.
 
11    Section 10. Definitions. As used in this Act:
12    "Child" means a son or daughter who is a biological,
13adopted, or foster child, a stepchild, a legal ward, a child of
14a person standing in loco parentis, or any other individual
15whose close association with the employee is the equivalent of
16a child.
17    "Construction industry" means any constructing, altering,
18reconstructing, repairing, rehabilitating, refinishing,
19refurbishing, remodeling, remediating, renovating, custom
20fabricating, maintenance, landscaping, improving, wrecking,
21painting, decorating, demolishing, or adding to or subtracting
22from any building, structure, highway, roadway, street,
23bridge, alley, sewer, ditch, sewage disposal plant,
24waterworks, parking facility, railroad, excavation or other
25structure, project, development, real property, or

 

 

10100HB2343ham001- 4 -LRB101 04970 JLS 58003 a

1improvement, or to do any part thereof, whether or not the
2performance of the work herein described involves the addition
3to or fabrication into, any structure, project, development,
4real property, or improvement herein described of any material
5or article of merchandise.
6    "Construction industry" also includes moving construction
7related materials on the job site or to or from the job site,
8snow plowing, snow removal, and refuse collection.
9    "Department" means the Illinois Department of Labor.
10    "Employ" means to suffer or permit to work.
11    "Employee" means any person who performs services for an
12employer for wage, remuneration, or other compensation. This
13includes persons working any number of hours, including a
14full-time or part-time status.
15    "Employee" does not include any person who the employer
16establishes:
17            (A) has been and will continue to be free from
18        control and direction over the performance of their
19        work, both under a contract of service and in fact;
20            (B) is engaged in an independently established
21        trade, occupation, profession or business; or
22            (C) is deemed a legitimate sole proprietor or
23        partnership.
24    A sole proprietor or partnership shall be deemed to be
25legitimate if the employer establishes that:
26        (1) the sole proprietor or partnership is performing

 

 

10100HB2343ham001- 5 -LRB101 04970 JLS 58003 a

1    the service free from the direction or control over the
2    means and manner of providing the service, subject only to
3    the right of the employer for whom the service is provided
4    to specify the desired result;
5        (2) the sole proprietor or partnership is not subject
6    to cancellation or destruction upon severance of the
7    relationship with the employer;
8        (3) the sole proprietor or partnership has a
9    substantial investment of capital in the sole
10    proprietorship or partnership beyond the ordinary tools
11    and equipment and a personal vehicle;
12        (4) the sole proprietor or partnership owns the capital
13    goods and gains the profits and bears the losses of the
14    sole proprietorship or partnership;
15        (5) the sole proprietor or partnership makes its
16    services available to the general public on a continuing
17    basis;
18        (6) the sole proprietor or partnership includes
19    services rendered on a Federal Income Tax Schedule as an
20    independent business or profession;
21        (7) the sole proprietor or partnership performs
22    services for the contractor under the sole proprietor's or
23    partnership's name;
24        (8) when the services being provided require a license
25    or permit, the sole proprietor or partnership obtains and
26    pays for the license or permit in the sole proprietorship's

 

 

10100HB2343ham001- 6 -LRB101 04970 JLS 58003 a

1    or partnership's name;
2        (9) the sole proprietor or partnership furnishes the
3    tools and equipment necessary to provide the service;
4        (10) if necessary, the sole proprietor or partnership
5    hires its own employees without approval of the employer,
6    pays the employees without reimbursement from the employer
7    and reports the employees' income to the Internal Revenue
8    Service;
9        (11) the employer does not represent the sole
10    proprietorship or partnership as an employee of the
11    employer to the public; and
12        (12) the sole proprietor or partnership has the right
13    to perform similar services for others on whatever basis
14    and whenever it chooses.
15    Nothing in this Act shall hinder or prohibit the ability of
16any employee, including those as defined in the federal
17Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.)
18from taking uncompensated time off due to any reason for leave
19allowable for paid sick time under Section 15 of this Act.
20    "Employer" means any individual; person; partnership;
21association; corporation; limited liability company; business
22trust; employment or labor placement agency or business where
23wages are made directly or indirectly by the agency or business
24for work undertaken by the employee under hire to a third party
25pursuant to a contact between the agency or business with the
26third party; the State of Illinois and local governments; or

 

 

10100HB2343ham001- 7 -LRB101 04970 JLS 58003 a

1any political subdivision of the State or local government, or
2State or local government agency; for which one or more persons
3is gainfully employed, express or implied, whether lawfully or
4unlawfully employed, who employs a worker or who employs a
5worker not excluded as an employee pursuant to the definition
6of "employee" or, notwithstanding any other law, who is the
7employer or joint employer for collective bargaining purposes
8of a bargaining unit of employees. "Employer" does not include
9school districts organized under the School Code, park
10districts organized under the Park District Code, or any City
11of Chicago Sister Agency under the Chicago Minimum Wage and
12Paid Sick Leave Ordinance as of the effective date of this Act.
13    "Family member" means a child, spouse, parent, child or
14parent of an employee's spouse, sibling, grandparent,
15grandchild, or any other individual related by blood or whose
16close association with the employee is the equivalent of a
17family relationship.
18    "Health care provider" means a person:
19        (1) who is:
20            (A) licensed to practice medicine in all of its
21        branches in Illinois and possesses the degree of doctor
22        of medicine;
23            (B) licensed to practice medicine in all of its
24        branches in Illinois and possesses the degree of doctor
25        of osteopathy or osteopathic medicine;
26            (C) licensed to practice medicine in all of its

 

 

10100HB2343ham001- 8 -LRB101 04970 JLS 58003 a

1        branches or as an osteopathic physician in another
2        state or jurisdiction;
3            (D) a chiropractic physician licensed under the
4        Medical Practice Act of 1987; or
5            (E) any other person determined by final rule as of
6        the date this Act becomes law under the Family and
7        Medical Leave Act of 1993; and
8        (2) who is not employed by an employer to whom the
9    provider issues certifications under this Act.
10    "Paid sick time" means a portion of or an entire scheduled
11or regular workday when an employee is unable to report to work
12because of a reason described in subsection (b) of Section 15.
13    "Parent" means a biological, adoptive, or foster parent, a
14stepparent, a parent of a legal ward, a person who stands in
15loco parentis to an employee or an employee's spouse, or any
16other individual whose close association with the employee is
17the equivalent of a parent.
18    "Spouse" means a party to a marriage or a party to a civil
19union as defined by law.
20    "Victim services organization" means a nonprofit,
21nongovernmental organization that provides assistance to
22victims of domestic or sexual violence, including rape crisis
23centers, organizations carrying out a domestic violence
24program, organizations operating a shelter or providing
25counseling services, and a legal services organization or other
26organization providing assistance through the legal process.
 

 

 

10100HB2343ham001- 9 -LRB101 04970 JLS 58003 a

1    Section 15. Provision of paid sick time.
2    (a) An employee who works in Illinois who is absent from
3work for a reason set forth in subsection (b) is entitled to
4earn and use a minimum of 40 hours of paid sick time during a
512-month period or a pro rata number of hours of paid sick time
6under the provisions of subsection (c). The 12-month period for
7an employee shall be calculated annually from the date of hire
8or the effective date of this Act, whichever is later.
9    (b) Paid sick time shall be provided to an employee by an
10employer to:
11        (1) care for the employee's own physical or mental
12    illness, injury, or health condition, or seek medical
13    diagnosis or care, or attend a medical appointment,
14    provided the employee is not an employee as defined in the
15    federal Railroad Unemployment Insurance Act (45 U.S.C. 351
16    et seq.);
17        (2) care for the employee's family member who is
18    suffering from a physical or mental illness, injury, or
19    health condition, or seek medical diagnosis or care, or
20    attend a medical appointment;
21        (3) care for a child whose school or place of care has
22    been closed by order of a public official due to a public
23    health emergency or to not go in to work because of the
24    closure of the employee's place of business by order of a
25    public official due to a public health emergency;

 

 

10100HB2343ham001- 10 -LRB101 04970 JLS 58003 a

1        (4) be absent from work because the employee or the
2    employee's family member is the victim of:
3            (A) domestic violence as defined in Section 103(3)
4        of the Illinois Domestic Violence Act of 1986; or
5            (B) sexual violence, which means:
6                (i) any conduct proscribed by Article 11 of the
7            Criminal Code of 2012 except Sections 11-35 and
8            11-45;
9                (ii) Sections 12-7.3, 12-7.4, and 12-7.5 of
10            the Criminal Code of 2012, or
11                (iii) a similar provision of the Criminal Code
12            of 1961; or
13        (5) be absent from work to visit the employee's family
14    member who is in jail or prison, for the employee to attend
15    his or her own or his or her family member's appointment
16    regarding court sentencing, probation, conditional
17    discharge, parole, or mandatory supervised release
18    requirements, or any other civil or criminal court hearing
19    or trial.
20    (c) Paid sick time shall accrue at the rate of one hour of
21paid sick time for every 40 hours worked up to a minimum of 40
22hours of paid sick time unless the employer selects a higher
23limit. Employees who are exempt from the overtime requirements
24of the federal Fair Labor Standards Act (29 U.S.C. 213(a)(1))
25shall be deemed to work 40 hours in each work week for purposes
26of paid sick time accrual unless their normal work week is less

 

 

10100HB2343ham001- 11 -LRB101 04970 JLS 58003 a

1than 40 hours, in which case paid sick time accrues based on
2that normal work week. Employees shall determine how much paid
3sick time they need to use, provided that employers may set a
4reasonable minimum increment for the use of paid sick time not
5to exceed 4 hours per day.
6    (d) Employees shall be paid their regular rate of pay for
7paid sick time. However, employees engaged in an occupation in
8which gratuities or commissions have customarily and usually
9constituted and have been recognized as part of the
10remuneration for hire purposes shall be paid by their employer
11at least the full minimum wage in the jurisdiction in which
12they are employed when paid sick time is taken. Paid sick time
13under this Act shall not be charged or otherwise credited to
14employee vacation accounts.
15    (e) Paid sick time shall begin to accrue at the
16commencement of employment or on the effective date of this
17Act, whichever is later. Employees shall be entitled to begin
18using paid sick time 180 days following commencement of their
19employment or 180 days following the effective date of this
20Act, whichever is later. Nothing in this Section shall be
21construed to discourage or prohibit an employer from allowing
22the use of paid sick time at an earlier date than this Section
23requires. Nothing in this Act shall be construed to discourage
24employers from adopting or retaining paid sick time policies
25more generous than policies that comply with the requirements
26of this Act.

 

 

10100HB2343ham001- 12 -LRB101 04970 JLS 58003 a

1    (f) An employer may require certification of the qualifying
2illness, injury, or health condition, or for time used pursuant
3to item (1) or (2) of subsection (b), when paid sick time used
4covers more than 3 consecutive workdays. Any reasonable
5documentation signed by a health care provider of the
6employee's choice involved in following or treating the
7illness, injury, or health condition, and indicating the need
8for the amount of sick time taken, shall be deemed acceptable
9certification. Nothing in this Act shall be construed to
10require an employee to provide as certification any information
11from a health care provider that would be a disclosure in
12violation of Section 1177 of the Social Security Act or the
13regulations promulgated pursuant to the federal Health
14Insurance Portability and Accountability Act of 1996. If an
15employer possesses health information or any information
16related to domestic or sexual violence about an employee or
17employee's family member, the information shall be treated as
18confidential and not disclosed except with the permission of
19the affected employee. For paid sick time used pursuant to item
20(4) of subsection (b), any one of the following is acceptable
21documentation, and only one of the following shall be required:
22a police report, court document, any reasonable documentation
23signed by a health care provider, or signed statement from an
24attorney, a member of the clergy, a victim services
25organization or advocate, or the employee. It is up to the
26employee to determine which documentation to submit. If a

 

 

10100HB2343ham001- 13 -LRB101 04970 JLS 58003 a

1document has been submitted, the employer shall not request or
2require any other document if the reason for the sick time is
3related to the same incident of violence or the same
4perpetrator of the violence. The employer shall not delay the
5commencement of leave taken for purposes of subsection (b) nor
6delay pay for this period on the basis that the employer has
7not yet received the certification.
8    (g) Paid sick time shall be provided upon the oral request
9of an employee. If the necessity for paid sick time under this
10Act is foreseeable, the employee shall provide the employer
11with not less than 7 days' notice before the date the leave is
12to begin. If the necessity for leave is not foreseeable, the
13employee shall provide such notice as soon as is practical
14after the employee is aware of the necessity of the leave. An
15employer may not require, as a condition of providing paid sick
16time under this Act, that the employee search for or find a
17replacement worker to cover the hours during which the employee
18is on paid sick time leave.
19    (h) Paid sick time shall carry over annually to the extent
20not used by the employee, provided that nothing in this Act
21shall be construed to require an employer to allow use of more
22than 40 hours of paid sick time for an employee unless the
23employer agrees to do so.
24    (i) It is unlawful for an employer to interfere with,
25restrain, deny, change work days or hours scheduled to avoid
26paying sick time, or discipline an employee for the exercise

 

 

10100HB2343ham001- 14 -LRB101 04970 JLS 58003 a

1of, or the attempt to exercise, any right provided under or in
2connection with this Act, including considering the use of paid
3sick time as a negative factor in an employment action that
4involves hiring, terminating, evaluating, promoting,
5disciplining, or counting the paid sick time under a no-fault
6attendance policy.
7    (j) During any period an employee takes leave under this
8Act, the employer shall maintain coverage for the employee and
9any family member under any group health plan for the duration
10of such leave at at least the level and conditions of coverage
11as would have been provided if the employee had not taken the
12leave.
13    (k) Nothing in this Section shall be construed as requiring
14financial or other payment to an employee from an employer upon
15the employee's termination, resignation, retirement, or other
16separation from employment for accrued paid sick time that has
17not been used.
18    (l) Nothing in this Section shall be construed to prohibit
19an employer from taking disciplinary action, up to and
20including termination, against an employee who uses paid sick
21time provided pursuant to this Act for purposes other than
22those described in this Section.
23    (m) If an employee is transferred to a separate division,
24entity, or location, but remains employed by the same employer,
25the employee is entitled to all paid sick time accrued at the
26prior division, entity, or location and is entitled to use all

 

 

10100HB2343ham001- 15 -LRB101 04970 JLS 58003 a

1paid sick time as provided in this Section. If there is a
2separation from employment and the employee is rehired within
312 months of separation by the same employer, previously
4accrued paid sick time that had not been used shall be
5reinstated. The employee shall be entitled to use accrued paid
6sick time at the commencement of employment following a
7separation from employment of 12 months or less.
8    (n) Nothing in this Section shall be deemed to interfere
9with, impede, or in any way diminish the right of employees to
10bargain collectively with their employers through
11representatives of their own choosing in order to establish
12wages or other conditions of work in excess of the applicable
13minimum standards of the provisions of this Act. Nothing in
14this Section shall be deemed to affect the validity or change
15the terms of bona fide collective bargaining agreements in
16force on the effective date of this Act. After the effective
17date of this Act, requirements of this Section may be waived in
18a bona fide collective bargaining agreement, but only if the
19waiver is set forth explicitly in such agreement in clear and
20unambiguous terms. In no event shall this Section apply to any
21employee working in the construction industry who is covered by
22a bona fide collective bargaining agreement.
 
23    Section 20. Related employer responsibilities.
24    (a) An employer subject to any provision of this Act shall
25make and preserve records documenting hours worked by employees

 

 

10100HB2343ham001- 16 -LRB101 04970 JLS 58003 a

1and the amount of paid sick time taken by employees for a
2period of not less than 3 years and shall allow the Department
3access to such records, with appropriate notice and a mutually
4agreeable time, to monitor compliance with the requirements of
5this Section. In addition, the records shall be preserved for
6the duration of any claim pending pursuant to Section 35 of
7this Act.
8    (b) An agreement by employees to waive their rights under
9this Act, except as allowed under subsection (n) of Section 15,
10is void as against public policy.
11    (c) Employers who have a paid time off policy that complies
12with the requirements of this Act are not required to modify
13the policy if such policy offers an employee the option, at the
14employee's discretion, to take paid sick time that is at least
15equivalent to the paid sick time described in this Act.
16    (d) An employer shall post and keep posted in a conspicuous
17place on the premises of the employer where notices to
18employees are customarily posted, and include in an employee
19manual or policy if the employer has one, a notice, to be
20prepared by the Department, summarizing the requirements of
21this Act and information pertaining to the filing of a charge.
22If an employer's workforce is comprised of a significant
23portion of workers who are not literate in English, the
24employer is responsible for providing the notice in a language
25in which the employees are literate. An employer who willfully
26violates the notice and posting requirements of this Section

 

 

10100HB2343ham001- 17 -LRB101 04970 JLS 58003 a

1shall be subject to a civil penalty to be paid to the employee
2in an amount not to exceed $100 for each separate offense.
 
3    Section 25. Unlawful employer practices. It is unlawful for
4any employer to take any adverse action against an employee
5because the employee (1) exercises rights or attempts to
6exercise rights under this Act, (2) opposes practices which
7such employee believes to be in violation of this Act, or (3)
8supports the exercise of rights of another under this Act. Such
9unlawful employer practices include, but are not limited to,
10any reference to the employee's or any of the employee's family
11members' citizenship or immigration status, or any threat to
12contact or actual contact with any local, State, or federal
13government entities regarding the employee's or any of the
14employee's family members' citizenship or immigration status,
15or sexual harassment. Exercising rights under this Act includes
16filing an action or instituting or causing to be instituted any
17proceeding under or related to this Act; providing or agreeing
18to provide any information in connection with any inquiry or
19proceeding relating to any right provided under this Act; or
20testifying to or agreeing to testify in any inquiry or
21proceeding relating to any right provided under this Act.
 
22    Section 30. Department responsibilities.
23    (a) The Department shall administer and enforce this Act
24and adopt rules under the Illinois Administrative Procedure Act

 

 

10100HB2343ham001- 18 -LRB101 04970 JLS 58003 a

1for the purpose of this Act. The Department shall have the
2powers and the parties shall have the rights provided in the
3Illinois Administrative Procedure Act for contested cases. The
4Department shall have the power to conduct investigations in
5connection with the administration and enforcement of this Act,
6including the power to conduct depositions and discovery and to
7issue subpoenas. If the Department finds cause to believe that
8this Act has been violated, the Department shall notify the
9parties in writing and the matter shall be referred to an
10Administrative Law Judge to schedule a formal hearing in
11accordance with hearing procedures established by rule.
12Administrative decisions shall be reviewed under the
13Administrative Review Law.
14    (b) The Department is authorized to impose civil penalties
15prescribed in Section 35 in administrative proceedings that
16comply with the Illinois Administrative Procedure Act and to
17supervise the payment of the unpaid wages and damages owing to
18the employee or employees under this Act. The Department may
19bring any legal action necessary to recover the amount of
20unpaid wages, damages, and penalties, and the employer shall be
21required to pay the costs. Any sums recovered by the Department
22on behalf of an employee under this Act shall be paid to the
23employee or employees affected. However, 20% of any penalty
24collected from the employer for a violation of this Act shall
25be deposited into the Healthy Workplace Fund, a special fund
26created in the State treasury that is dedicated to enforcing

 

 

10100HB2343ham001- 19 -LRB101 04970 JLS 58003 a

1this Act.
2    (c) The Attorney General may bring an action to enforce the
3collection of any civil penalty imposed under this Act.
 
4    Section 35. Enforcement.
5    (a) An employee who believes his or her rights under this
6Act or any rule adopted under this Act have been violated may,
7within 3 years after the date of the last event constituting
8the alleged violation for which the action is brought, file a
9complaint with the Department or file a civil action.
10    (b) Any employer that violates this Act is liable in a
11claim filed with the Department or in a civil action in circuit
12court to any affected individuals for actual and compensatory
13damages, with interest at the prevailing rate, punitive
14damages, and such equitable relief as may be appropriate, in
15addition to reasonable attorney's fees, reasonable expert
16witness fees, and other costs of the action to be paid by the
17defendant. A civil action may be brought without first filing a
18complaint with the Department. Administrative decisions are
19reviewable under the Administrative Review Law.
20    (c) Any employer that the Department or a court finds by a
21preponderance of the evidence to have knowingly, repeatedly, or
22with reckless disregard violated any provision of this Act or
23any rule adopted under this Act is subject to a civil money
24penalty to be paid to the employee not to exceed $2,500 for
25each separate offense.
 

 

 

10100HB2343ham001- 20 -LRB101 04970 JLS 58003 a

1    Section 90. The State Finance Act is amended by adding
2Section 5.891 as follows:
 
3    (30 ILCS 105/5.891 new)
4    Sec. 5.891. The Healthy Workplace Fund.
 
5    Section 97. Severability. The provisions of this Act are
6severable under Section 1.31 of the Statute on Statutes.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".