Full Text of SB2793 103rd General Assembly
SB2793 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2793 Introduced 1/17/2024, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: | | | Amends the Paid Leave for All Workers Act. Provides that the definition of "employee" does not include a worker who is not provided with a regular work schedule by an employer and is directly contracted with the employer to work on an as-needed basis for the express purpose of covering the shifts of full-time employees who are taking leave for vacations, illness, or for any other unforeseen reason. |
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| 1 | | AN ACT concerning employment. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Paid Leave for All Workers Act is amended by | 5 | | changing Section 10 as follows: | 6 | | (820 ILCS 192/10) | 7 | | Sec. 10. Definitions. As used in this Act: | 8 | | "Construction industry" means any constructing, altering, | 9 | | reconstructing, repairing, rehabilitating, refinishing, | 10 | | refurbishing, remodeling, remediating, renovating, custom | 11 | | fabricating, maintenance, landscaping, improving, wrecking, | 12 | | painting, decorating, demolishing, or adding to or subtracting | 13 | | from any building, structure, highway, roadway, street, | 14 | | bridge, alley, sewer, ditch, sewage disposal plant, | 15 | | waterworks, parking facility, railroad, excavation or other | 16 | | structure, project, development, real property, or | 17 | | improvement, or to do any part thereof, whether or not the | 18 | | performance of the work herein described involves the addition | 19 | | to or fabrication into, any structure, project, development, | 20 | | real property, or improvement herein described of any material | 21 | | or article of merchandise. | 22 | | "Construction industry" also includes moving construction | 23 | | related materials on the job site or to or from the job site, |
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| 1 | | snow plowing, snow removal, and refuse collection. | 2 | | "Department" means the Illinois Department of Labor. | 3 | | "Domestic work" and "domestic worker" have the same | 4 | | meanings as defined in Section 10 of the Domestic Workers' | 5 | | Bill of Rights Act, except that "domestic worker" also | 6 | | includes independent contractors, sole proprietors, and | 7 | | partnerships. | 8 | | "Employee" has the same application and meaning as that | 9 | | provided in Sections 1 and 2 of the Illinois Wage Payment and | 10 | | Collection Act. "Employee" also includes all domestic workers, | 11 | | and, for the purposes of this Act, domestic workers shall not | 12 | | be excluded as employees under the provisions of item (1), | 13 | | (2), or (3) of Section 2 of the Illinois Wage Payment and | 14 | | Collection Act. "Employee" does not include: | 15 | | (1) an employee as defined in the federal Railroad | 16 | | Unemployment Insurance Act (45 U.S.C. 351 et seq.) or the | 17 | | Railway Labor Act; | 18 | | (2) a student enrolled in and regularly attending | 19 | | classes in a college or university that is also the | 20 | | student's employer, and who is employed on a temporary | 21 | | basis at less than full time at the college or university, | 22 | | but this exclusion applies only to work performed for that | 23 | | college or university; or | 24 | | (3) a short-term employee who is employed by an | 25 | | institution of higher education for less than 2 | 26 | | consecutive calendar quarters during a calendar year and |
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| 1 | | who does not have a reasonable expectation that they will | 2 | | be rehired by the same employer of the same service in a | 3 | | subsequent calendar year ; or . | 4 | | (4) a worker who is not provided with a regular work | 5 | | schedule by an employer and is directly contracted with | 6 | | the employer to work on an as-needed basis for the express | 7 | | purpose of covering the shifts of full-time employees who | 8 | | are taking leave for vacations, illness, or for any other | 9 | | unforeseen reason. | 10 | | "Employer" has the same application and meaning as that | 11 | | provided in Sections 1 and 2 of the Illinois Wage Payment and | 12 | | Collection Act, except that for purposes of this Act, | 13 | | "employer" also means the State and units of local government, | 14 | | any political subdivision of the State or units of local | 15 | | government, or any State or local government agency. | 16 | | "Employer" does not include school districts organized | 17 | | under the School Code or park districts organized under the | 18 | | Park District Code. | 19 | | "Writing" or "written" means a printed or printable | 20 | | communication in physical or electronic format, including a | 21 | | communication that is transmitted through electronic mail, | 22 | | text message, or a computer system or is otherwise sent or | 23 | | stored electronically. | 24 | | (Source: P.A. 102-1143, eff. 1-1-24 .) |
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