Rep. Jehan Gordon-Booth

Filed: 5/27/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 208, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the Paid
6Leave for All Workers Act.
7    Section 5. Findings; legislative intent; construction.
8    (a) The General Assembly finds that it is in the public
9policy interests of the State for all working Illinoisans to
10have some paid leave from work to maintain their health and
11well-being, care for their families, or use for any other
12reason of their choosing.
13    (b) It is the intent of the General Assembly by enacting
14this Act:
15        (1) To establish a minimum paid leave standard for all
16    workers in Illinois.



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1        (2) To provide employment security and economic
2    security for employees who need to use paid time off from
3    work for any reason.
4        (3) To safeguard the welfare, health, safety, and
5    prosperity of the people of Illinois.
6        (4) To ensure that an employee not be denied use of
7    leave for noncompliance with leave notification policies
8    if the employer has not provided a written copy of its
9    notification policy to the employee.
10    In order to effectuate this intent, the provisions of this
11Act shall be liberally construed in favor of providing workers
12with the greatest amount of paid time off from work and
13employment security.
14    (c) Nothing in this Act shall be construed to discourage
15employers from adopting or retaining paid sick leave, paid
16vacation, paid holidays, or any other paid time off or paid
17leave policy more generous than policies that comply with the
18requirements of this Act. Nothing in this Act shall be
19construed to discourage or prohibit an employer from allowing
20the use of paid leave at an earlier date than this Act
22    Unless otherwise provided in a collective bargaining
23agreement, nothing in this Act shall be construed to waive or
24otherwise limit an employee's right to final compensation for
25any type of leave promised to be paid under a contract of
26employment or employment policy and earned by the employee



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1pursuant to the Illinois Wage Payment and Collection Act.
2    Section 10. Definitions. As used in this Act:
3    "Construction industry" means any constructing, altering,
4reconstructing, repairing, rehabilitating, refinishing,
5refurbishing, remodeling, remediating, renovating, custom
6fabricating, maintenance, landscaping, improving, wrecking,
7painting, decorating, demolishing, or adding to or subtracting
8from any building, structure, highway, roadway, street,
9bridge, alley, sewer, ditch, sewage disposal plant,
10waterworks, parking facility, railroad, excavation or other
11structure, project, development, real property, or
12improvement, or to do any part thereof, whether or not the
13performance of the work herein described involves the addition
14to or fabrication into, any structure, project, development,
15real property, or improvement herein described of any material
16or article of merchandise.
17    "Construction industry" also includes moving construction
18related materials on the job site or to or from the job site,
19snow plowing, snow removal, and refuse collection.
20    "Department" means the Illinois Department of Labor.
21    "Domestic work" and "domestic worker" have the same
22meanings as defined in Section 10 of the Domestic Workers'
23Bill of Rights Act, except that "domestic worker" also
24includes independent contractors, sole proprietors, and



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1    "Employee" has the same application and meaning as that
2provided in Sections 1 and 2 of the Illinois Wage Payment and
3Collection Act. "Employee" also includes all domestic workers,
4and, for the purposes of this Act, domestic workers shall not
5be excluded as employees under the provisions of item (1),
6(2), or (3) of Section 2 of the Illinois Wage Payment and
7Collection Act. "Employee" does not include:
8        (1) an employee as defined in the federal Railroad
9    Unemployment Insurance Act (45 U.S.C. 351 et seq.) or the
10    Railway Labor Act;
11        (2) a student enrolled in and regularly attending
12    classes in a college or university that is also the
13    student's employer, and who is employed on a temporary
14    basis at less than full time at the college or university,
15    but this exclusion applies only to work performed for that
16    college or university; or
17        (3) a short-term employee who is employed by an
18    institution of higher education for less than 2
19    consecutive calendar quarters during a calendar year and
20    who does not have a reasonable expectation that they will
21    be rehired by the same employer of the same service in a
22    subsequent calendar year.
23    "Employer" has the same application and meaning as that
24provided in Sections 1 and 2 of the Illinois Wage Payment and
25Collection Act, except that for purposes of this Act,
26"employer" also means the State and units of local government,



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1any political subdivision of the State or units of local
2government, or any State or local government agency.
3    "Employer" does not include school districts organized
4under the School Code or park districts organized under the
5Park District Code.
6    "Writing" or "written" means a printed or printable
7communication in physical or electronic format, including a
8communication that is transmitted through electronic mail,
9text message, or a computer system or is otherwise sent or
10stored electronically.
11    Section 15. Provision of paid leave.
12    (a) An employee who works in Illinois is entitled to earn
13and use up to a minimum of 56 hours of paid leave during a
1412-month period or a pro rata number of hours of paid leave
15under the provisions of subsection (b). The paid leave may be
16used by the employee for any purpose as long as the paid leave
17is taken in accordance with the provisions of this Act.
18    (b) Paid leave under this Act shall accrue at the rate of
19one hour of paid leave for every 40 hours worked up to a
20minimum of 56 hours of paid leave or such greater amount if the
21employer provides more than 56 hours. Employees who are exempt
22from the overtime requirements of the federal Fair Labor
23Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40
24hours in each workweek for purposes of paid leave accrual
25unless their regular workweek is less than 40 hours, in which



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1case paid leave accrues based on that regular workweek.
2Employees shall determine how much paid leave they need to
3use, however employers may set a reasonable minimum increment
4for the use of paid leave not to exceed 2 hours per day. If an
5employee's scheduled workday is less than 2 hours day, the
6employee's scheduled workday shall be used to determine the
7amount of paid leave.
8    (c) An employer may make available the minimum number of
9hours of paid leave, subject to pro rata requirements provided
10in subsection (b), to an employee on the first day of
11employment or the first day of the 12-month period. Employers
12that provide the minimum number of hours of paid leave to an
13employee on the first day of employment or the first day of the
1412-month period are not required to carryover paid leave from
1512-month period to 12-month period and may require employees
16to use all paid leave prior to the end of the benefit period or
17forfeit the unused paid leave. However, under no circumstances
18shall an employee be credited with paid leave that is less than
19what the employee would have accrued under subsections (a) and
20(g) of this Section.
21    (d) The 12-month period may be any consecutive 12-month
22period designated by the employer in writing at the time of
23hire. Changes to the 12-month period may be made by the
24employer if notice is given to employees in writing prior to
25the change and the change does not reduce the eligible accrual
26rate and paid leave available to the employee. If the employer



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1changes the designated 12-month period, the employer shall
2provide the employee with documentation of the balance of
3hours worked, paid leave accrued and taken, and the remaining
4paid leave balance.
5    (e) Paid leave under this Act may be taken by an employee
6for any reason of the employee's choosing. An employee is not
7required to provide an employer a reason for the leave and may
8not be required to provide documentation or certification as
9proof or in support of the leave. An employee may choose
10whether to use paid leave provided under this Act prior to
11using any other leave provided by the employer or State law.
12    (f) Employees shall be paid their hourly rate of pay for
13paid leave. However, employees engaged in an occupation in
14which gratuities or commissions have customarily and usually
15constituted and have been recognized as part of the
16remuneration for hire purposes shall be paid by their employer
17at least the full minimum wage in the jurisdiction in which
18they are employed when paid leave is taken. This wage shall be
19treated as the employee's regular rate of pay for purposes of
20this Act.
21    (g) Paid leave under this Act shall begin to accrue at the
22commencement of employment or on the effective date of this
23Act, whichever is later. Employees shall be entitled to begin
24using paid leave 90 days following commencement of their
25employment or 90 days following the effective date of this
26Act, whichever is later.



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1    (h) Paid leave under this Act shall be provided upon the
2oral or written request of an employee in accordance with the
3employer's reasonable paid leave policy notification
4requirements which may include the following:
5        (1) If use of paid leave under this Act is
6    foreseeable, the employer may require the employee to
7    provide 7 calendar days' notice before the date the leave
8    is to begin.
9        (2) If paid leave under this Act is not foreseeable,
10    the employee shall provide such notice as soon as is
11    practicable after the employee is aware of the necessity
12    of the leave. An employer that requires notice of paid
13    leave under this Act when the leave is not foreseeable
14    shall provide a written policy that contains procedures
15    for the employee to provide notice.
16        (3) Employers shall provide employees with written
17    notice of the paid leave policy notification requirements
18    in this Section in the manner provided in Section 20 for
19    notice and posting and within 5 calendar days of any
20    change to the employer's reasonable paid leave policy
21    notification requirements.
22        (4) An employer may not require, as a condition of
23    providing paid leave under this Act, that the employee
24    search for or find a replacement worker to cover the hours
25    during which the employee takes paid leave.
26    (i) Except as provided in subsection (b), paid leave under



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1this Act shall carry over annually to the extent not used by
2the employee, provided that nothing in this Act shall be
3construed to require an employer to provide more than 60 hours
4of paid leave for an employee in the 12-month period unless the
5employer agrees to do so.
6    (j) Nothing in this Section or any other Illinois law or
7rule shall be construed as requiring financial or other
8payment to an employee from an employer upon the employee's
9termination, resignation, retirement, or other separation from
10employment for paid leave accrued under this Act that has not
11been used. Nothing in this Section or any other Illinois law or
12rule shall be construed as requiring financial or other
13reimbursements to an employee from an employer for unused paid
14leave under this Act at the end of the benefit year or any
15other time.
16    (k) If an employee is transferred to a separate division,
17entity, or location, but remains employed by the same
18employer, the employee is entitled to all paid leave accrued
19at the prior division, entity, or location and is entitled to
20use all paid leave as provided in this Section. If there is a
21separation from employment and the employee is rehired within
2212 months of separation by the same employer, previously
23accrued paid leave that had not been used by the employee shall
24be reinstated. The employee shall be entitled to use accrued
25paid leave at the commencement of employment following a
26separation from employment of 12 months or less.



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1    (l) Paid leave under this Act shall not be charged or
2otherwise credited to an employee's paid time off bank or
3employee account unless the employer's policy permits such a
4credit. If the paid leave under this Act is credited to an
5employee's paid time off bank or employee vacation account
6then any unused paid leave shall be paid to the employee upon
7the employee's termination, resignation, retirement, or other
8separation to the same extent as vacation time under existing
9Illinois law or rule. Nothing in this Act shall be construed to
10waive or otherwise limit an employee's right to final
11compensation for promised and earned, but unpaid vacation time
12or paid time off, as provided under the Illinois Wage Payment
13and Collection Act and rules. Employers shall provide
14employees with written notice of changes to the employer's
15vacation time, paid time off, or other paid leave policies
16that affect an employee's right to final compensation for such
18    (m) During any period an employee takes leave under this
19Act, the employer shall maintain coverage for the employee and
20any family member under any group health plan for the duration
21of such leave at no less than the level and conditions of
22coverage that would have been provided if the employee had not
23taken the leave. The employer shall notify the employee that
24the employee is still responsible for paying the employee's
25share of the cost of the health care coverage, if any.
26    (n) Nothing in this Act shall be deemed to affect the



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1validity or change the terms of bona fide collective
2bargaining agreements in force on or before the effective date
3of this Act. Nothing in this Act shall apply to any employee
4who is covered by a bona fide collective bargaining agreement.
5After the effective date of this Act, requirements of this Act
6may be waived in a bona fide collective bargaining agreement,
7but only if the waiver is set forth explicitly in such
8agreement in clear and unambiguous terms.
9    Nothing in this Section shall be deemed to interfere with,
10impede, or in any way diminish the right of employees to
11bargain collectively with their employers through
12representatives of their own choosing in order to establish
13wages or other conditions of work in excess of the applicable
14minimum standards of the provisions of this Act.
15    In no event shall this Section apply to any employee
16working in the construction industry who is covered by a bona
17fide collective bargaining agreement nor to any employee who
18is covered by a bona fide collective bargaining agreement with
19an employer that provides services nationally and
20internationally of delivery, pickup, and transportation of
21parcels, documents, and freight.
22    (o) An agreement by an employee to waive his or her rights
23under this Act is void as against public policy.
24    Section 20. Related employer responsibilities.
25    (a) An employer subject to this Act shall make and



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



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1of hours worked for other employers to confirm that the
2domestic worker has worked or is scheduled to work 8 or more
3hours in the aggregate for any relevant workweek, a signed
4statement by the domestic worker stating that he or she has
5performed or is scheduled to perform domestic work for 8 or
6more hours in the aggregate for any relevant workweek shall
7satisfy any documentation requirements of hours worked under
8the Domestic Workers' Bill of Rights Act and this Act. Such
9employer shall not require more than one signed statement in a
10calendar quarter if the hours the domestic worker has
11performed or is scheduled to perform domestic work have not
12decreased to less than 8 hours in the aggregate in any relevant
13workweek in that calendar quarter. An employer that requires
14evidence of hours worked must give the domestic worker written
15notice of such request and allow no fewer than 7 days or until
16the next scheduled workday, whichever is greater, for the
17domestic worker to comply with the request. The employer may
18not deny paid leave pending submission of the signed
20    (d) An employer shall post and keep posted in a
21conspicuous place on the premises of the employer where
22notices to employees are customarily posted, and include it in
23a written document, or written employee manual or policy if
24the employer has one, a notice, to be prepared by the
25Department, summarizing the requirements of this Act and
26information pertaining to the filing of a charge upon



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



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1pursuant to this Act.
2    An employee who has been unlawfully retaliated against
3shall also be entitled to recover through a claim filed with
4the Department, all legal and equitable relief as may be
6    Section 30. Department responsibilities.
7    (a) The Department shall administer and enforce this Act.
8The Department has the powers and the parties have the rights
9provided in the Illinois Administrative Procedure Act for
10contested cases.
11    (b) An employee may file a complaint with the Department
12alleging violations of the Act within 3 years after the
13alleged violation. An employer that violates this Act is
14liable to any affected employee for damages in the form of the
15actual underpayment, compensatory damages, and a penalty of
16not less than $500 and no more than $1,000. Employees shall
17also be entitled to such equitable relief as may be
18appropriate, in addition to reasonable attorney's fees;
19reasonable expert witness fees, and other costs of the action,
20which shall be paid by the employer to the employee.
21    (c) The Department has the power to conduct investigations
22in connection with the administration and enforcement of this
23Act, including the power to conduct depositions and discovery
24and to issue subpoenas. If the Department finds cause to
25believe that this Act has been violated, the Department shall



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1notify the parties in writing, and the matter shall be
2referred to an Administrative Law Judge to schedule a formal
3hearing in accordance with hearing procedures established by
4rule. Administrative decisions shall be reviewed under the
5Administrative Review Law.
6    (d) The Department is authorized to impose civil penalties
7prescribed in Section 35 for any violation of this Act.
8    (e) The Department is authorized to collect and supervise
9the payment of any damages awarded pursuant to Section 25 and
10subsection (b) of this Section to an employee or employees
11under this Act. Any sums recovered by the Department on behalf
12of an employee or employees under this Act shall be paid to the
13employee or employees affected. The Department is not
14authorized to collect and supervise the payment of any awarded
15attorney's fees. Those fees shall be subject to collection by
16the attorney awarded such fees.
17    (f) The Attorney General may bring an action to enforce
18the collection of any awards made under this Act.
19    (g) The Department shall adopt rules necessary to
20administer and enforce this Act.
21    Section 35. Penalties and enforcement. An employer that
22violates this Act or any rule adopted under this Act shall be
23subject to a civil penalty of $2,500 for each separate
24offense. An "offense" means any violation of this Act with the
25exception of a violation of the notice requirement in



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1subsection (c) of Section 20. Any penalties collected from an
2employer under this Section or under subsection (d) of Section
320 for violations of this Act shall be deposited into the Paid
4Leave for All Workers Fund, a special fund created in the State
5treasury that is dedicated to enforcing this Act.
6    Section 90. Home rule. The regulation of employee leave
7benefits is an exclusive power of the State. A home rule unit
8may not regulate any type of employee leave benefits. Any
9county or municipal ordinance in effect on or before the
10effective date of this Act that regulates any form of employee
11leave benefits, including paid sick time, is null and void.
12This Section is a denial and limitation of home rule powers and
13functions under subsection (h) of Section 6 of Article VII of
14the Illinois Constitution.
15    Section 95. The State Finance Act is amended by adding
16Section 5.935 as follows:
17    (30 ILCS 105/5.935 new)
18    Sec. 5.935. The Paid Leave for All Workers Fund.
19    Section 97. Severability. The provisions of this Act are
20severable under Section 1.31 of the Statute on Statutes.
21    Section 99. Effective date. This Act takes effect January



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11, 2022.".