Bill Text: IL HB4596 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Reinserts the provisions of the introduced bill with the following changes. Provides that an employee covered by federal regulations concerning airline flight crew employees shall be deemed to work 40 hours in each work week for the purpose of the accrual of paid leave.

Spectrum: Partisan Bill (Democrat 36-0)

Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB4596 Detail]

Download: Illinois-2023-HB4596-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4596

Introduced , by Rep. Joyce Mason

SYNOPSIS AS INTRODUCED:
820 ILCS 192/10
820 ILCS 192/15

Amends the Paid Leave for All Workers Act. Removes a provision that the Act shall not apply to any employee who is covered by a bona fide collective bargaining agreement with an employer that provides services nationally and internationally of delivery, pickup, and transportation of parcels, documents, and freight. Provides that the definition of "employee" does not include an employee as defined in the Federal Employers' Liability Act.
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A BILL FOR

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1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Paid Leave for All Workers Act is amended by
5changing Sections 10 and 15 as follows:
6 (820 ILCS 192/10)
7 Sec. 10. Definitions. As used in this Act:
8 "Construction industry" means any constructing, altering,
9reconstructing, repairing, rehabilitating, refinishing,
10refurbishing, remodeling, remediating, renovating, custom
11fabricating, maintenance, landscaping, improving, wrecking,
12painting, decorating, demolishing, or adding to or subtracting
13from any building, structure, highway, roadway, street,
14bridge, alley, sewer, ditch, sewage disposal plant,
15waterworks, parking facility, railroad, excavation or other
16structure, project, development, real property, or
17improvement, or to do any part thereof, whether or not the
18performance of the work herein described involves the addition
19to or fabrication into, any structure, project, development,
20real property, or improvement herein described of any material
21or article of merchandise.
22 "Construction industry" also includes moving construction
23related materials on the job site or to or from the job site,

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1snow plowing, snow removal, and refuse collection.
2 "Department" means the Illinois Department of Labor.
3 "Domestic work" and "domestic worker" have the same
4meanings as defined in Section 10 of the Domestic Workers'
5Bill of Rights Act, except that "domestic worker" also
6includes independent contractors, sole proprietors, and
7partnerships.
8 "Employee" has the same application and meaning as that
9provided in Sections 1 and 2 of the Illinois Wage Payment and
10Collection Act. "Employee" also includes all domestic workers,
11and, for the purposes of this Act, domestic workers shall not
12be excluded as employees under the provisions of item (1),
13(2), or (3) of Section 2 of the Illinois Wage Payment and
14Collection 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 Federal Employers' Liability Act (45 U.S.C. 51 et seq.)
18 the Railway Labor Act;
19 (2) a student enrolled in and regularly attending
20 classes in a college or university that is also the
21 student's employer, and who is employed on a temporary
22 basis at less than full time at the college or university,
23 but this exclusion applies only to work performed for that
24 college or university; or
25 (3) a short-term employee who is employed by an
26 institution of higher education for less than 2

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1 consecutive calendar quarters during a calendar year and
2 who does not have a reasonable expectation that they will
3 be rehired by the same employer of the same service in a
4 subsequent calendar year.
5 "Employer" has the same application and meaning as that
6provided in Sections 1 and 2 of the Illinois Wage Payment and
7Collection Act, except that for purposes of this Act,
8"employer" also means the State and units of local government,
9any political subdivision of the State or units of local
10government, or any State or local government agency.
11 "Employer" does not include school districts organized
12under the School Code or park districts organized under the
13Park District Code.
14 "Writing" or "written" means a printed or printable
15communication in physical or electronic format, including a
16communication that is transmitted through electronic mail,
17text message, or a computer system or is otherwise sent or
18stored electronically.
19(Source: P.A. 102-1143, eff. 1-1-24.)
20 (820 ILCS 192/15)
21 Sec. 15. Provision of paid leave.
22 (a) An employee who works in Illinois is entitled to earn
23and use up to a minimum of 40 hours of paid leave during a
2412-month period or a pro rata number of hours of paid leave
25under the provisions of subsection (b). The paid leave may be

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1used by the employee for any purpose as long as the paid leave
2is taken in accordance with the provisions of this Act.
3 (b) Paid leave under this Act shall accrue at the rate of
4one hour of paid leave for every 40 hours worked up to a
5minimum of 40 hours of paid leave or such greater amount if the
6employer provides more than 40 hours. Employees who are exempt
7from the overtime requirements of the federal Fair Labor
8Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40
9hours in each workweek for purposes of paid leave accrual
10unless their regular workweek is less than 40 hours, in which
11case paid leave accrues based on that regular workweek.
12Employees shall determine how much paid leave they need to
13use, however employers may set a reasonable minimum increment
14for the use of paid leave not to exceed 2 hours per day. If an
15employee's scheduled workday is less than 2 hours per day, the
16employee's scheduled workday shall be used to determine the
17amount of paid leave.
18 (c) An employer may make available the minimum number of
19hours of paid leave, subject to pro rata requirements provided
20in subsection (b), to an employee on the first day of
21employment or the first day of the 12-month period. Employers
22that provide the minimum number of hours of paid leave to an
23employee on the first day of employment or the first day of the
2412-month period are not required to carryover paid leave from
2512-month period to 12-month period and may require employees
26to use all paid leave prior to the end of the benefit period or

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1forfeit the unused paid leave. However, under no circumstances
2shall an employee be credited with paid leave that is less than
3what the employee would have accrued under subsections (a) and
4(g) of this Section.
5 (d) The 12-month period may be any consecutive 12-month
6period designated by the employer in writing at the time of
7hire. Changes to the 12-month period may be made by the
8employer if notice is given to employees in writing prior to
9the change and the change does not reduce the eligible accrual
10rate and paid leave available to the employee. If the employer
11changes the designated 12-month period, the employer shall
12provide the employee with documentation of the balance of
13hours worked, paid leave accrued and taken, and the remaining
14paid leave balance.
15 (e) Paid leave under this Act may be taken by an employee
16for any reason of the employee's choosing. An employee is not
17required to provide an employer a reason for the leave and may
18not be required to provide documentation or certification as
19proof or in support of the leave. An employee may choose
20whether to use paid leave provided under this Act prior to
21using any other leave provided by the employer or State law.
22 (f) Employees shall be paid their hourly rate of pay for
23paid leave. However, employees engaged in an occupation in
24which gratuities or commissions have customarily and usually
25constituted and have been recognized as part of the
26remuneration for hire purposes shall be paid by their employer

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

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

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1entity, or location, but remains employed by the same
2employer, the employee is entitled to all paid leave accrued
3at the prior division, entity, or location and is entitled to
4use all paid leave as provided in this Section. If there is a
5separation from employment and the employee is rehired within
612 months of separation by the same employer, previously
7accrued paid leave that had not been used by the employee shall
8be reinstated. The employee shall be entitled to use accrued
9paid leave at the commencement of employment following a
10separation from employment of 12 months or less.
11 (l) Paid leave under this Act shall not be charged or
12otherwise credited to an employee's paid time off bank or
13employee account unless the employer's policy permits such a
14credit. If the paid leave under this Act is credited to an
15employee's paid time off bank or employee vacation account
16then any unused paid leave shall be paid to the employee upon
17the employee's termination, resignation, retirement, or other
18separation to the same extent as vacation time under existing
19Illinois law or rule. Nothing in this Act shall be construed to
20waive or otherwise limit an employee's right to final
21compensation for promised and earned, but unpaid vacation time
22or paid time off, as provided under the Illinois Wage Payment
23and Collection Act and rules. Employers shall provide
24employees with written notice of changes to the employer's
25vacation time, paid time off, or other paid leave policies
26that affect an employee's right to final compensation for such

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1leave.
2 (m) During any period an employee takes leave under this
3Act, the employer shall maintain coverage for the employee and
4any family member under any group health plan for the duration
5of such leave at no less than the level and conditions of
6coverage that would have been provided if the employee had not
7taken the leave. The employer shall notify the employee that
8the employee is still responsible for paying the employee's
9share of the cost of the health care coverage, if any.
10 (n) Nothing in this Act shall be deemed to interfere with,
11impede, or in any way diminish the right of employees to
12bargain collectively with their employers through
13representatives of their own choosing in order to establish
14wages or other conditions of work in excess of the applicable
15minimum standards established in this Act. The paid leave
16requirements of this Act may be waived in a bona fide
17collective bargaining agreement, but only if the waiver is set
18forth explicitly in such agreement in clear and unambiguous
19terms.
20 Nothing in this Act shall be deemed to affect the validity
21or change the terms of bona fide collective bargaining
22agreements in effect on January 1, 2024. After that date,
23requirements of this Act may be waived in a bona fide
24collective bargaining agreement, but only if the waiver is set
25forth explicitly in such agreement in clear and unambiguous
26terms.

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1 In no event shall this Act apply to any employee working in
2the construction industry who is covered by a bona fide
3collective bargaining agreement, nor shall this Act apply to
4any employee who is covered by a bona fide collective
5bargaining agreement with an employer that provides services
6nationally and internationally of delivery, pickup, and
7transportation of parcels, documents, and freight.
8 Notwithstanding the provisions of this subsection, nothing
9in this Act shall be deemed to affect the validity or change
10the terms of a bona fide collective bargaining agreement
11applying to an employee who is employed by a State agency that
12is in effect on July 1, 2024. After that date, requirements of
13this Act may be waived in a bona fide collective bargaining
14agreement, but only if the waiver is set forth explicitly in
15such agreement in clear and unambiguous terms. As used in this
16subsection, "State agency" has the same meaning as set forth
17in Section 4 of the Forms Notice Act.
18 (o) An agreement by an employee to waive his or her rights
19under this Act is void as against public policy.
20 (p) The provisions of this Act shall not apply to any
21employer that is covered by a municipal or county ordinance
22that is in effect on the effective date of this Act that
23requires employers to give any form of paid leave to their
24employees, including paid sick leave or paid leave.
25Notwithstanding the provisions of this subsection, any
26employer that is not required to provide paid leave to its

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