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*LRB10337999SPS68131b* HB4596 103RD GENERAL ASSEMBLY State of Illinois and 2024 HB4596 Introduced 1/31/2024, by Rep.
*LRB10337999SPS71498a* Rep.
Joyce Mason SYNOPSIS AS INTRODUCED:
Joyce Mason Filed:
ILCS 192/10 ILCS 192/15 Amends the Paid Leave for All Workers Act.
4/1/2024 10300HB4596ham001 LRB103 37999 SPS 71498 a AMENDMENT TO HOUSE BILL 4596 AMENDMENT NO.
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.
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Provides that the definition of "employee" does not include an employee as defined in the Federal Employers' Liability Act.
Amend House Bill 4596 by replacing everything after the enacting clause with the following:
LRB103 37999 SPS 68131 b A BILL FOR HB4596 LRB103 37999 SPS 68131 b AN ACT concerning employment.
"Section 5.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Section 5.
"Construction industry" means any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, wrecking, painting, decorating, demolishing, or adding to or subtracting from any building, structure, highway, roadway, street, bridge, alley, sewer, ditch, sewage disposal plant, waterworks, parking facility, railroad, excavation or other structure, project, development, real property, or improvement, or to do any part thereof, whether or not the performance of the work herein described involves the addition to or fabrication into, any structure, project, development, real property, or improvement herein described of any material or article of merchandise.
"Construction industry" means any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, wrecking, painting, decorating, demolishing, or adding to or subtracting from any building, structure, highway, roadway, street, bridge, alley, sewer, ditch, sewage disposal plant, waterworks, parking facility, railroad, excavation or other structure, project, development, real property, or 10300HB4596ham001 -2- LRB103 37999 SPS 71498 a improvement, or to do any part thereof, whether or not the performance of the work herein described involves the addition to or fabrication into, any structure, project, development, real property, or improvement herein described of any material or article of merchandise.
"Construction industry" also includes moving construction related materials on the job site or to or from the job site, HB4596 - 2 - LRB103 37999 SPS 68131 b snow plowing, snow removal, and refuse collection.
"Construction industry" also includes moving construction related materials on the job site or to or from the job site, snow plowing, snow removal, and refuse collection.
(2) a student enrolled in and regularly attending classes in a college or university that is also the student's employer, and who is employed on a temporary basis at less than full time at the college or university, but this exclusion applies only to work performed for that college or university;
(2) a student enrolled in and regularly attending 10300HB4596ham001 -3- LRB103 37999 SPS 71498 a classes in a college or university that is also the student's employer, and who is employed on a temporary basis at less than full time at the college or university, but this exclusion applies only to work performed for that college or university;
or (3) a short-term employee who is employed by an institution of higher education for less than 2 HB4596 - 3 - LRB103 37999 SPS 68131 b consecutive calendar quarters during a calendar year and who does not have a reasonable expectation that they will be rehired by the same employer of the same service in a subsequent calendar year.
or (3) a short-term employee who is employed by an institution of higher education for less than 2 consecutive calendar quarters during a calendar year and who does not have a reasonable expectation that they will be rehired by the same employer of the same service in a subsequent calendar year.
1-1-24.) (820 ILCS 192/15) Sec.
1-1-24.) 10300HB4596ham001 -4- LRB103 37999 SPS 71498 a (820 ILCS 192/15) Sec.
The paid leave may be HB4596 - 4 - LRB103 37999 SPS 68131 b used by the employee for any purpose as long as the paid leave is taken in accordance with the provisions of this Act.
The paid leave may be used by the employee for any purpose as long as the paid leave is taken in accordance with the provisions of this Act.
An employee covered by 29 CFR 825.801 shall be deemed to work 40 hours in each work week for the purpose of the accrual of paid leave.
(c) An employer may make available the minimum number of hours of paid leave, subject to pro rata requirements provided in subsection (b), to an employee on the first day of employment or the first day of the 12-month period.
10300HB4596ham001 -5- LRB103 37999 SPS 71498 a (c) An employer may make available the minimum number of hours of paid leave, subject to pro rata requirements provided in subsection (b), to an employee on the first day of employment or the first day of the 12-month period.
Employers that provide the minimum number of hours of paid leave to an employee on the first day of employment or the first day of the 12-month period are not required to carryover paid leave from 12-month period to 12-month period and may require employees to use all paid leave prior to the end of the benefit period or HB4596 - 5 - LRB103 37999 SPS 68131 b forfeit the unused paid leave.
Employers that provide the minimum number of hours of paid leave to an employee on the first day of employment or the first day of the 12-month period are not required to carryover paid leave from 12-month period to 12-month period and may require employees to use all paid leave prior to the end of the benefit period or forfeit the unused paid leave.
An employee is not required to provide an employer a reason for the leave and may not be required to provide documentation or certification as proof or in support of the leave.
An employee is not required to provide an employer a reason for the leave and may 10300HB4596ham001 -6- LRB103 37999 SPS 71498 a not be required to provide documentation or certification as proof or in support of the leave.
However, employees engaged in an occupation in which gratuities or commissions have customarily and usually constituted and have been recognized as part of the remuneration for hire purposes shall be paid by their employer HB4596 - 6 - LRB103 37999 SPS 68131 b at least the full minimum wage in the jurisdiction in which they are employed when paid leave is taken.
However, employees engaged in an occupation in which gratuities or commissions have customarily and usually constituted and have been recognized as part of the remuneration for hire purposes shall be paid by their employer at least the full minimum wage in the jurisdiction in which they are employed when paid leave is taken.
(1) If use of paid leave under this Act is foreseeable, the employer may require the employee to provide 7 calendar days' notice before the date the leave is to begin.
(1) If use of paid leave under this Act is foreseeable, the employer may require the employee to provide 7 calendar days' notice before the date the leave 10300HB4596ham001 -7- LRB103 37999 SPS 71498 a is to begin.
(3) Employers shall provide employees with written HB4596 - 7 - LRB103 37999 SPS 68131 b notice of the paid leave policy notification requirements in this Section in the manner provided in Section 20 for notice and posting and within 5 calendar days of any change to the employer's reasonable paid leave policy notification requirements.
(3) Employers shall provide employees with written notice of the paid leave policy notification requirements in this Section in the manner provided in Section 20 for notice and posting and within 5 calendar days of any change to the employer's reasonable paid leave policy notification requirements.
(j) Nothing in this Section or any other Illinois law or rule shall be construed as requiring financial or other payment to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for paid leave accrued under this Act that has not been used.
(j) Nothing in this Section or any other Illinois law or rule shall be construed as requiring financial or other 10300HB4596ham001 -8- LRB103 37999 SPS 71498 a payment to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for paid leave accrued under this Act that has not been used.
(k) If an employee is transferred to a separate division, HB4596 - 8 - LRB103 37999 SPS 68131 b entity, or location, but remains employed by the same employer, the employee is entitled to all paid leave accrued at the prior division, entity, or location and is entitled to use all paid leave as provided in this Section.
(k) If an employee is transferred to a separate division, entity, or location, but remains employed by the same employer, the employee is entitled to all paid leave accrued at the prior division, entity, or location and is entitled to use all paid leave as provided in this Section.
If the paid leave under this Act is credited to an employee's paid time off bank or employee vacation account then any unused paid leave shall be paid to the employee upon the employee's termination, resignation, retirement, or other separation to the same extent as vacation time under existing Illinois law or rule.
If the paid leave under this Act is credited to an employee's paid time off bank or employee vacation account then any unused paid leave shall be paid to the employee upon the employee's termination, resignation, retirement, or other 10300HB4596ham001 -9- LRB103 37999 SPS 71498 a separation to the same extent as vacation time under existing Illinois law or rule.
Employers shall provide employees with written notice of changes to the employer's vacation time, paid time off, or other paid leave policies that affect an employee's right to final compensation for such HB4596 - 9 - LRB103 37999 SPS 68131 b leave.
Employers shall provide employees with written notice of changes to the employer's vacation time, paid time off, or other paid leave policies that affect an employee's right to final compensation for such leave.
The paid leave requirements of this Act may be waived in a bona fide collective bargaining agreement, but only if the waiver is set forth explicitly in such agreement in clear and unambiguous terms.
The paid leave requirements of this Act may be waived in a bona fide collective bargaining agreement, but only if the waiver is set 10300HB4596ham001 -10- LRB103 37999 SPS 71498 a forth explicitly in such agreement in clear and unambiguous terms.
HB4596 - 10 - LRB103 37999 SPS 68131 b In no event shall this Act apply to any employee working in the construction industry who is covered by a bona fide collective bargaining agreement, nor shall this Act 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.
In no event shall this Act apply to any employee working in the construction industry who is covered by a bona fide collective bargaining agreement, nor shall this Act 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.
(o) An agreement by an employee to waive his or her rights under this Act is void as against public policy.
10300HB4596ham001 -11- LRB103 37999 SPS 71498 a (o) An agreement by an employee to waive his or her rights under this Act is void as against public policy.
Notwithstanding the provisions of this subsection, any employer that is not required to provide paid leave to its HB4596 - 11 - LRB103 37999 SPS 68131 b employees, including paid sick leave or paid leave, under a municipal or county ordinance that is in effect on the effective date of this Act shall be subject to the provisions of this Act if the employer would be required to provide paid leave under this Act to its employees.
Notwithstanding the provisions of this subsection, any employer that is not required to provide paid leave to its employees, including paid sick leave or paid leave, under a municipal or county ordinance that is in effect on the effective date of this Act shall be subject to the provisions of this Act if the employer would be required to provide paid leave under this Act to its employees.
An employer in a municipality or county that enacts or amends a local ordinance that provides paid leave, including paid sick leave or paid leave, after the effective date of this Act shall only comply with the local ordinance or ordinances so long as the benefits, rights, and remedies are greater than or equal to the benefits, rights, and remedies afforded under this Act.
An employer in a municipality or county that enacts or amends a local ordinance that provides paid leave, including paid sick leave or paid leave, after the effective date of this Act shall only comply with the local ordinance or ordinances so long as the benefits, rights, and remedies are greater than or equal to the benefits, rights, and remedies afforded under 10300HB4596ham001 -12- LRB103 37999 SPS 71498 a this Act.
revised 12-22-23.)
revised 12-22-23.)".