SB0509sam002 103RD GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 11/2/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 509

2    AMENDMENT NO. ______. Amend Senate Bill 509, AS AMENDED,
3with reference to page and line numbers of Senate Amendment
4No. 1, on page 35, immediately below line 12, by inserting the
5following:
 
6    "Section 10. The Paid Leave for All Workers Act is amended
7by changing Sections 10 and 15 as follows:
 
8    (820 ILCS 192/10)
9    (This Section may contain text from a Public Act with a
10delayed effective date)
11    Sec. 10. Definitions. As used in this Act:
12    "Construction industry" means any constructing, altering,
13reconstructing, repairing, rehabilitating, refinishing,
14refurbishing, remodeling, remediating, renovating, custom
15fabricating, maintenance, landscaping, improving, wrecking,
16painting, 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
18partnerships.
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    Federal Employers' Liability Act (45 U.S.C. 51 et seq.)
3    the Railway Labor Act;
4        (2) a student enrolled in and regularly attending
5    classes in a college or university that is also the
6    student's employer, and who is employed on a temporary
7    basis at less than full time at the college or university,
8    but this exclusion applies only to work performed for that
9    college or university; or
10        (3) a short-term employee who is employed by an
11    institution of higher education for less than 2
12    consecutive calendar quarters during a calendar year and
13    who does not have a reasonable expectation that they will
14    be rehired by the same employer of the same service in a
15    subsequent calendar year.
16    "Employer" has the same application and meaning as that
17provided in Sections 1 and 2 of the Illinois Wage Payment and
18Collection Act, except that for purposes of this Act,
19"employer" also means the State and units of local government,
20any political subdivision of the State or units of local
21government, or any State or local government agency.
22    "Employer" does not include school districts organized
23under the School Code or park districts organized under the
24Park District Code.
25    "Park district" has the same meaning as defined in Section
261-3 of the Park District Code. "Park district" also includes

 

 

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1any party to a joint agreement between a park district and an
2entity authorized under Section 8-10b of the Park District
3Code to act jointly for the purposes of providing for the
4establishment, maintenance, and management of joint
5recreational programs for persons with disabilities, to the
6extent that the party is acting within the scope of that joint
7agreement.
8    "Writing" or "written" means a printed or printable
9communication in physical or electronic format, including a
10communication that is transmitted through electronic mail,
11text message, or a computer system or is otherwise sent or
12stored electronically.
13(Source: P.A. 102-1143, eff. 1-1-24.)
 
14    (820 ILCS 192/15)
15    (This Section may contain text from a Public Act with a
16delayed effective date)
17    Sec. 15. Provision of paid leave.
18    (a) An employee who works in Illinois is entitled to earn
19and use up to a minimum of 40 hours of paid leave during a
2012-month period or a pro rata number of hours of paid leave
21under the provisions of subsection (b). The paid leave may be
22used by the employee for any purpose as long as the paid leave
23is taken in accordance with the provisions of this Act.
24    (b) Paid leave under this Act shall accrue at the rate of
25one hour of paid leave for every 40 hours worked up to a

 

 

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1minimum of 40 hours of paid leave or such greater amount if the
2employer provides more than 40 hours. Employees who are exempt
3from the overtime requirements of the federal Fair Labor
4Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40
5hours in each workweek for purposes of paid leave accrual
6unless their regular workweek is less than 40 hours, in which
7case paid leave accrues based on that regular workweek.
8Employees shall determine how much paid leave they need to
9use, however employers may set a reasonable minimum increment
10for the use of paid leave not to exceed 2 hours per day. If an
11employee's scheduled workday is less than 2 hours per day, the
12employee's scheduled workday shall be used to determine the
13amount of paid leave.
14    (c) An employer may make available the minimum number of
15hours of paid leave, subject to pro rata requirements provided
16in subsection (b), to an employee on the first day of
17employment or the first day of the 12-month period. Employers
18that provide the minimum number of hours of paid leave to an
19employee on the first day of employment or the first day of the
2012-month period are not required to carryover paid leave from
2112-month period to 12-month period and may require employees
22to use all paid leave prior to the end of the benefit period or
23forfeit the unused paid leave. However, under no circumstances
24shall an employee be credited with paid leave that is less than
25what the employee would have accrued under subsections (a) and
26(g) of this Section.

 

 

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

 

 

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1    (g) Paid leave under this Act shall begin to accrue at the
2commencement of employment or on the effective date of this
3Act, whichever is later. Employees shall be entitled to begin
4using paid leave 90 days following commencement of their
5employment or 90 days following the effective date of this
6Act, whichever is later.
7    (h) Paid leave under this Act shall be provided upon the
8oral or written request of an employee in accordance with the
9employer's reasonable paid leave policy notification
10requirements which may include the following:
11        (1) If use of paid leave under this Act is
12    foreseeable, the employer may require the employee to
13    provide 7 calendar days' notice before the date the leave
14    is to begin.
15        (2) If paid leave under this Act is not foreseeable,
16    the employee shall provide such notice as soon as is
17    practicable after the employee is aware of the necessity
18    of the leave. An employer that requires notice of paid
19    leave under this Act when the leave is not foreseeable
20    shall provide a written policy that contains procedures
21    for the employee to provide notice.
22        (3) Employers shall provide employees with written
23    notice of the paid leave policy notification requirements
24    in this Section in the manner provided in Section 20 for
25    notice and posting and within 5 calendar days of any
26    change to the employer's reasonable paid leave policy

 

 

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1    notification requirements.
2        (4) An employer may not require, as a condition of
3    providing paid leave under this Act, that the employee
4    search for or find a replacement worker to cover the hours
5    during which the employee takes paid leave.
6    (i) Except as provided in subsection (c), paid leave under
7this Act shall carry over annually to the extent not used by
8the employee, provided that nothing in this Act shall be
9construed to require an employer to provide more than 40 hours
10of paid leave for an employee in the 12-month period unless the
11employer agrees to do so.
12    (j) Nothing in this Section or any other Illinois law or
13rule shall be construed as requiring financial or other
14payment to an employee from an employer upon the employee's
15termination, resignation, retirement, or other separation from
16employment for paid leave accrued under this Act that has not
17been used. Nothing in this Section or any other Illinois law or
18rule shall be construed as requiring financial or other
19reimbursements to an employee from an employer for unused paid
20leave under this Act at the end of the benefit year or any
21other time.
22    (k) If an employee is transferred to a separate division,
23entity, or location, but remains employed by the same
24employer, the employee is entitled to all paid leave accrued
25at the prior division, entity, or location and is entitled to
26use all paid leave as provided in this Section. If there is a

 

 

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1separation from employment and the employee is rehired within
212 months of separation by the same employer, previously
3accrued paid leave that had not been used by the employee shall
4be reinstated. The employee shall be entitled to use accrued
5paid leave at the commencement of employment following a
6separation from employment of 12 months or less.
7    (l) Paid leave under this Act shall not be charged or
8otherwise credited to an employee's paid time off bank or
9employee account unless the employer's policy permits such a
10credit. If the paid leave under this Act is credited to an
11employee's paid time off bank or employee vacation account
12then any unused paid leave shall be paid to the employee upon
13the employee's termination, resignation, retirement, or other
14separation to the same extent as vacation time under existing
15Illinois law or rule. Nothing in this Act shall be construed to
16waive or otherwise limit an employee's right to final
17compensation for promised and earned, but unpaid vacation time
18or paid time off, as provided under the Illinois Wage Payment
19and Collection Act and rules. Employers shall provide
20employees with written notice of changes to the employer's
21vacation time, paid time off, or other paid leave policies
22that affect an employee's right to final compensation for such
23leave.
24    (m) During any period an employee takes leave under this
25Act, the employer shall maintain coverage for the employee and
26any family member under any group health plan for the duration

 

 

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1of such leave at no less than the level and conditions of
2coverage that would have been provided if the employee had not
3taken the leave. The employer shall notify the employee that
4the employee is still responsible for paying the employee's
5share of the cost of the health care coverage, if any.
6    (n) Nothing in this Act shall be deemed to interfere with,
7impede, or in any way diminish the right of employees to
8bargain collectively with their employers through
9representatives of their own choosing in order to establish
10wages or other conditions of work in excess of the applicable
11minimum standards established in this Act. The paid leave
12requirements of this Act may be waived in a bona fide
13collective bargaining agreement, but only if the waiver is set
14forth explicitly in such agreement in clear and unambiguous
15terms.
16    Nothing in this Act shall be deemed to affect the validity
17or change the terms of bona fide collective bargaining
18agreements in effect on January 1, 2024. After that date,
19requirements of this Act may be waived in a bona fide
20collective bargaining agreement, but only if the waiver is set
21forth explicitly in such agreement in clear and unambiguous
22terms.
23    In no event shall this Act apply to any employee working in
24the construction industry who is covered by a bona fide
25collective bargaining agreement, nor shall this Act apply to
26any employee who is covered by a bona fide collective

 

 

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1bargaining agreement with an employer that provides services
2nationally and internationally of delivery, pickup, and
3transportation of parcels, documents, and freight.
4    Notwithstanding the provisions of this subsection, nothing
5in this Act shall be deemed to affect the validity or change
6the terms of a bona fide collective bargaining agreement
7applying to an employee who is employed by a State agency that
8is in effect on July 1, 2024. After that date, requirements of
9this Act may be waived in a bona fide collective bargaining
10agreement, but only if the waiver is set forth explicitly in
11such agreement in clear and unambiguous terms. As used in this
12subsection, "State agency" has the same meaning as set forth
13in Section 4 of the Forms Notice Act.
14    (o) An agreement by an employee to waive his or her rights
15under this Act is void as against public policy.
16    (p) The provisions of this Act shall not apply to any
17employer that is covered by a municipal or county ordinance
18that is in effect on the effective date of this Act that
19requires employers to give any form of paid leave to their
20employees, including paid sick leave or paid leave.
21Notwithstanding the provisions of this subsection, any
22employer that is not required to provide paid leave to its
23employees, including paid sick leave or paid leave, under a
24municipal or county ordinance that is in effect on the
25effective date of this Act shall be subject to the provisions
26of this Act if the employer would be required to provide paid

 

 

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1leave under this Act to its employees.
2    Any local ordinance that provides paid leave, including
3paid sick leave or paid leave, enacted or amended after the
4effective date of this Act must comply with the requirements
5of this Act or provide benefits, rights, and remedies that are
6greater than or equal to the benefits, rights, and remedies
7afforded under this Act.
8    An employer in a municipality or county that enacts or
9amends a local ordinance that provides paid leave, including
10paid sick leave or paid leave, after the effective date of this
11Act shall only comply with the local ordinance or ordinances
12so long as the benefits, rights, and remedies are greater than
13or equal to the benefits, rights, and remedies afforded under
14this Act.
15(Source: P.A. 102-1143, eff. 1-1-24; revised 3-16-23.)".