Bill Amendment: IL HB3297 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: EMPLOYEE PAID HLTH CARE LEAVE
Status: 2016-04-28 - Fiscal Note Filed [HB3297 Detail]
Download: Illinois-2015-HB3297-House_Amendment_001.html
Bill Title: EMPLOYEE PAID HLTH CARE LEAVE
Status: 2016-04-28 - Fiscal Note Filed [HB3297 Detail]
Download: Illinois-2015-HB3297-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3297
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2 | AMENDMENT NO. ______. Amend House Bill 3297 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Employee Paid Health Care Time Act.
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6 | Section 5. Findings and purpose.
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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 40% of all private sector workers | ||||||
11 | in Illinois (over 2,500,000 people) have no right to paid | ||||||
12 | health care time. Over three-fourths of the lowest-wage | ||||||
13 | workers do not receive paid health care time and cannot | ||||||
14 | forfeit a day's work, so they often come into work sick. | ||||||
15 | (2) Of those workers who receive paid health care time, | ||||||
16 | few policies, in both the private and public sectors, allow |
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1 | the worker to use it to care for a family member who is | ||||||
2 | ill.
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3 | (3) Preventive and routine medical care helps avoid | ||||||
4 | illness and injury by detecting illnesses early on and | ||||||
5 | shortening the duration of illnesses. Providing employees | ||||||
6 | with time off to attend to their own health care needs | ||||||
7 | ensures that they will be healthier and more efficient | ||||||
8 | employees. It will also reduce the spread of disease within | ||||||
9 | workplaces and to the public, such as customers, when | ||||||
10 | employees go to work sick, a practice known as | ||||||
11 | "presenteeism". Routine medical care results in savings by | ||||||
12 | detecting and treating illness and injury early and | ||||||
13 | decreasing the need for emergency care. These savings | ||||||
14 | benefit public and private payers of health insurance. | ||||||
15 | (4) When the school of a worker's child is closed | ||||||
16 | because of extreme weather, it is often at the last minute | ||||||
17 | and workers cannot find someone to babysit so they are | ||||||
18 | forced to stay at home to take care of their children. | ||||||
19 | (5) Nearly one-quarter of American women report | ||||||
20 | domestic violence and nearly one in 5 women report | ||||||
21 | experiencing rape at some time during their lives. Many | ||||||
22 | workers, men and women, need time off to care for their | ||||||
23 | health after these incidents or to take legal action. | ||||||
24 | Without paid time off, victims are in danger of losing | ||||||
25 | their jobs. | ||||||
26 | (6) Employers that provide paid health care time see |
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1 | better productivity, reduced flu contagion, and lower | ||||||
2 | turnover, which saves them the costs of replacing and | ||||||
3 | training workers.
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4 | (b) This Act is enacted to establish the Employee Paid | ||||||
5 | Health Care Time Act to provide at least a minimum time-off | ||||||
6 | standard of paid health care time for all workers.
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7 | Section 10. Definitions. In this Act:
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8 | "Department" means the Department of Labor. | ||||||
9 | "Director" means the Director of Labor.
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10 | "Employee" means an individual permitted to work by an | ||||||
11 | employer, including a part-time employee. | ||||||
12 | "Employer" means an individual, organization, governmental | ||||||
13 | body, partnership, association, corporation, limited liability | ||||||
14 | company, temporary service agency, employment agency, or other | ||||||
15 | entity doing business in or operating within this State that | ||||||
16 | employs one or more individuals.
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17 | "Healthcare provider" means a person: | ||||||
18 | (1) who is: (i) licensed to practice medicine in all of | ||||||
19 | its branches in Illinois and possesses the degree of doctor | ||||||
20 | of medicine; (ii) licensed to practice medicine in all of | ||||||
21 | its branches in Illinois and possesses the degree of doctor | ||||||
22 | of osteopathy or osteopathic medicine; (iii) licensed to | ||||||
23 | practice medicine in all of its branches or as an | ||||||
24 | osteopathic physician in another state or jurisdiction; or | ||||||
25 | (iv) any other person determined by final rule under the |
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1 | Family and Medical Leave Act of 1993; and | ||||||
2 | (2) who is not employed by an employer to whom the | ||||||
3 | provider issues certifications under this Act.
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4 | Section 15. Paid health care time.
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5 | (a) A full-time or part-time employee of an employer with | ||||||
6 | 50 or more employees shall accrue not less than one hour of | ||||||
7 | paid health care time for every 22 hours worked. A full-time or | ||||||
8 | part-time employee of an employer with fewer than 50 employees | ||||||
9 | shall accrue not less than one hour of paid health care time | ||||||
10 | for every 40 hours worked. In the absence of a more generous | ||||||
11 | paid health
care time plan, an employer may:
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12 | (1) limit the amount of paid health care time used to a | ||||||
13 | maximum of 56 hours in a 12-month period calculated from | ||||||
14 | the date of hire or subsequent anniversary date;
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15 | (2) limit to 40 hours the number of hours in the | ||||||
16 | workweek for which full-time employees not subject to the | ||||||
17 | overtime provisions of the Federal Fair Labor Standards Act | ||||||
18 | (29 U.S.C. 213(a)(1)) may accrue paid health care time; or
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19 | (3) incorporate paid health care time within a | ||||||
20 | complement of paid leave for its employees that provides no | ||||||
21 | less than the minimum required by this Section. | ||||||
22 | (b) Paid health care time shall be compensated at the same | ||||||
23 | hourly rate and with the same benefits, including health care | ||||||
24 | benefits, as the employee normally earns for hours worked. | ||||||
25 | Service or tipped employees shall be compensated at an amount |
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1 | that is not less than the minimum wage required for non-service | ||||||
2 | or non-tipped employees under the Minimum Wage Law.
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3 | (c) An employee may use paid health care time for any of | ||||||
4 | the following reasons: | ||||||
5 | (1) The employee is ill or injured.
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6 | (2) The employee obtains professional diagnostic, | ||||||
7 | preventive, routine, or therapeutic health care.
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8 | (3) The employee cares for a sick or injured child, | ||||||
9 | parent, parent-in-law, grandparent, spouse, domestic | ||||||
10 | partner, stepchild, adopted child, foster child, | ||||||
11 | grandchild, or ward of the employee who lives with the | ||||||
12 | employee, including helping that individual obtain | ||||||
13 | diagnostic, preventive, routine, or therapeutic health | ||||||
14 | treatment.
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15 | (4) The employee cares for a child whose school or | ||||||
16 | place of care has been closed by order of a public official | ||||||
17 | due to a public health emergency or to not go in to work | ||||||
18 | because of the closure of the employee's place of business | ||||||
19 | by order of a public health official due to a public health | ||||||
20 | emergency. | ||||||
21 | (5) The employee needs to be off from work because he | ||||||
22 | or she or the employee's family member is the victim of | ||||||
23 | domestic violence as defined in Section 103(3) of the | ||||||
24 | Illinois Domestic Violence Act of 1986 or sexual violence | ||||||
25 | as defined under Article 11 and Sections 12-7.3, 12-7.4, | ||||||
26 | and 12-7.5 of the Illinois Criminal Code of 2012. |
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1 | (d) Paid health care time shall begin to accrue at the | ||||||
2 | commencement of employment or on the effective date of this | ||||||
3 | Act, whichever is later. An employee shall be entitled to begin | ||||||
4 | using health care time 120 days following commencement of his | ||||||
5 | or her employment or 120 days following the effective date of | ||||||
6 | this Act, whichever is later. | ||||||
7 | (e) Unless an employer and its employees agree to paid | ||||||
8 | health care time provisions more generous to employees with | ||||||
9 | respect to accrual rates and maximum hours:
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10 | (1) An employee shall determine how much paid health | ||||||
11 | care time he or she needs to use, however, the employer may | ||||||
12 | set a reasonable minimum increment for the use of paid | ||||||
13 | health care time not to exceed 2 hours per day. | ||||||
14 | (2) Paid health care time that is accrued but unused | ||||||
15 | shall be carried over to the next year, but an employee may | ||||||
16 | use no more than 56 hours of paid health care in any one | ||||||
17 | year, unless the employer provides a more generous | ||||||
18 | allotment.
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19 | (3) Upon separation from employment, an employee shall | ||||||
20 | not be entitled to payment for unused paid health care time | ||||||
21 | unless agreed upon by the employer.
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22 | (4) At the employer's discretion, an employee may | ||||||
23 | borrow paid health care time before the time is actually | ||||||
24 | accrued.
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25 | (5) An employee who is rehired by the same employer | ||||||
26 | within 12 months after a separation from employment shall |
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1 | retain paid health care time accrued but unused at the time | ||||||
2 | of separation. | ||||||
3 | (f) An employer with a paid health care time policy that is | ||||||
4 | comparable to or more generous than the paid health care time | ||||||
5 | provided under this Section that complies with the provisions | ||||||
6 | of this Act is not required to provide additional paid health | ||||||
7 | care time. | ||||||
8 | (g) An employer may not require an employee to look for or | ||||||
9 | provide a replacement worker for the time during which the | ||||||
10 | employee uses or is expected to use paid health care time.
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11 | (h) An employer may require an employee planning to take | ||||||
12 | paid health care time to notify the employer as soon as | ||||||
13 | practical by providing an explanation of the reason for taking | ||||||
14 | paid health care time and for the expected duration of the | ||||||
15 | employee's absence. | ||||||
16 | (i) An employer may require certification of the qualifying | ||||||
17 | illness, injury, or health condition when paid health care time | ||||||
18 | covers more than 3 consecutive workdays. Any reasonable | ||||||
19 | documentation signed by a healthcare provider involved in | ||||||
20 | following or treating the illness, injury, or health condition, | ||||||
21 | and indicating the need for the amount of health care time | ||||||
22 | taken, shall be deemed acceptable certification. Nothing in | ||||||
23 | this Act shall be construed to require an employer to provide | ||||||
24 | as certification any information from a healthcare provider | ||||||
25 | that would be in violation of Section 1177 of the Social | ||||||
26 | Security Act or the regulations promulgated pursuant to the |
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1 | federal Health Insurance Portability and Accountability Act of | ||||||
2 | 1996. If an employer possesses health information about an | ||||||
3 | employee or employee's family member, such information shall be | ||||||
4 | treated as confidential and not disclosed except with the | ||||||
5 | permission of the affected employee. For time used pursuant to | ||||||
6 | subdivision (b)(5), any one of the following is acceptable | ||||||
7 | documentation, and only one of the following shall be required: | ||||||
8 | a police report, court document, or signed statement from an | ||||||
9 | attorney, a member of the clergy, or a victim services | ||||||
10 | advocate. It is up to the employee to determine which | ||||||
11 | documentation to submit. | ||||||
12 | The employer shall not delay the commencement of leave | ||||||
13 | taken for purposes of subsection (b) of this Section nor delay | ||||||
14 | pay for this period on the basis that the employer has not yet | ||||||
15 | received the certification. | ||||||
16 | The employee shall provide the certification no later than | ||||||
17 | 30 days after it is requested by the employer. The employer | ||||||
18 | shall pay the cost of or reimburse the employee for any | ||||||
19 | out-of-pocket costs related to providing this certification.
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20 | (j) During any period an employee takes leave under this | ||||||
21 | Act, the employer shall maintain coverage for the employee and | ||||||
22 | any family member under any group health plan for the duration | ||||||
23 | of such leave at at least the level and conditions of coverage | ||||||
24 | as would have been provided if the employee had not taken the | ||||||
25 | leave. | ||||||
26 | (k) Nothing in this Section shall be construed to prohibit |
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1 | an employer from taking disciplinary action, up to and | ||||||
2 | including termination, against an employee who uses paid health | ||||||
3 | care time provided pursuant to this Act for purposes other than | ||||||
4 | those described in this Section. | ||||||
5 | (l) All or any portion of the applicable requirement in | ||||||
6 | this Section shall not apply to any employee covered by a bona | ||||||
7 | fide collective bargaining agreement to the extent that such | ||||||
8 | requirements are expressly waived in the collective bargaining | ||||||
9 | agreement in clear and unambiguous language. | ||||||
10 | (m) An employer shall post notice of the provisions of this | ||||||
11 | Act including information pertaining to the filing of a charge. | ||||||
12 | This notice shall be provided by the Director and put in a | ||||||
13 | place conspicuous to employees at the employer's place of | ||||||
14 | business. | ||||||
15 | (n) An employer subject to any provision of this Act shall | ||||||
16 | make and preserve records documenting hours worked by employees | ||||||
17 | and the amount of paid health care time taken by employees. | ||||||
18 | (o) An agreement by an employee to waive his or her rights | ||||||
19 | under this Act, except as allowed under subsection (l) of | ||||||
20 | Section 15, is void as against public policy.
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21 | Section 20. Department responsibilities. | ||||||
22 | (a) The Department shall administer and enforce this Act | ||||||
23 | and adopt rules under the Illinois Administrative Procedure Act | ||||||
24 | for the purpose of this Act. The Department shall have the | ||||||
25 | powers and the parties shall have the rights provided in the |
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1 | Illinois Administrative Procedure Act for contested cases. The | ||||||
2 | Department shall have the power to conduct investigations in | ||||||
3 | connection with the administration and enforcement of this Act, | ||||||
4 | including the power to conduct depositions and discovery and to | ||||||
5 | issue subpoenas. If the Department finds cause to believe that | ||||||
6 | this Act has been violated, the Department shall notify the | ||||||
7 | parties in writing and the matter shall be referred to an | ||||||
8 | Administrative Law Judge to schedule a formal hearing in | ||||||
9 | accordance with hearing procedures established by rule. | ||||||
10 | (b) The Department is authorized to impose civil penalties | ||||||
11 | prescribed in Section 25 in administrative proceedings that | ||||||
12 | comply with the Illinois Administrative Procedure Act and to | ||||||
13 | supervise the payment of the unpaid wages and damages owing to | ||||||
14 | the employee or employees under this Act. The Department may | ||||||
15 | bring any legal action necessary to recover the amount of | ||||||
16 | unpaid wages, damages, and penalties, and the employer shall be | ||||||
17 | required to pay the costs. Any sums recovered by the Department | ||||||
18 | on behalf of an employee under this Act shall be paid to the | ||||||
19 | employee or employees affected. However, 20% of any penalty | ||||||
20 | collected from the employer for a violation of this Act shall | ||||||
21 | be deposited in the Healthy Workplace Fund, a special fund | ||||||
22 | created in the State treasury that is dedicated to enforcing | ||||||
23 | this Act. | ||||||
24 | (c) The Attorney General may bring an action to enforce the | ||||||
25 | collection of any civil penalty imposed under this Act.
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1 | Section 25. Enforcement.
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2 | (a) An employee who believes his or her rights under this | ||||||
3 | Act or any rule adopted under this Act have been violated may, | ||||||
4 | within 3 years after the date of the last event constituting | ||||||
5 | the alleged violation for which the action is brought, file a | ||||||
6 | complaint with the Department or file a civil action. | ||||||
7 | (b) Any employer that violates this Act is liable in a | ||||||
8 | claim filed with the Department or in a civil action in circuit | ||||||
9 | court to any affected individuals for actual and compensatory | ||||||
10 | damages, with interest at the prevailing rate, punitive | ||||||
11 | damages, and such equitable relief as may be appropriate, in | ||||||
12 | addition to reasonable attorney's fees, reasonable expert | ||||||
13 | witness fees, and other costs of the action to be paid by the | ||||||
14 | defendant. A civil action may be brought without first filing | ||||||
15 | an administrative complaint. | ||||||
16 | (c) Any employer that the Department or a court finds by a | ||||||
17 | preponderance of the evidence to have knowingly, repeatedly, or | ||||||
18 | with reckless disregard violated any provision of this Act or | ||||||
19 | any rule adopted under this Act is subject to a civil money | ||||||
20 | penalty not to exceed $2,500 for each separate offense.
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21 | Section 95. Severability. The provisions of this Act are | ||||||
22 | severable under Section 1.31 of the Statute on Statutes.
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23 | Section 97. The State Finance Act is amended by adding | ||||||
24 | Section 5.866 as follows:
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1 | (30 ILCS 105/5.866 new) | ||||||
2 | Sec. 5.866. The Healthy Workplace Fund.
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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