Illinois Employment Law Update – July 2016

Illinois

Employee Leasing – Workers’ Compensation

On August 5, 2016, Illinois Governor Bruce Rauner signed legislation amending the Employee Leasing Company Act (H.B. 6225).

The act provides that:

  • A lessor that does not provide workers’ compensation insurance coverage for leased employees of a lessee under an employee leasing arrangement will not be subject to certain provisions concerning record keeping and reporting requirements.
  • Either a lessor or lessee may provide workers’ compensation insurance coverage for leased employees under an employee leasing arrangement.
  • When the lessee provides workers’ compensation coverage for leased employees under an employee leasing arrangement, the lessor must notify the Department of Insurance to ensure proper and timely notification of coverage to the department.

The law goes into effect on January 1, 2017.

Read IL H.B. 6225

Health Care Right of Conscience Act

On July 29, 2016, Illinois Governor Bruce Rauner signed legislation (S.B. 1564) amending the Health Care Right of Conscience Act. Senate Bill 1564 provides that a health care facility or any physician or health care personnel working in the facility may refuse to permit, perform, assist in, counsel about, suggest, recommend, refer for, or participate in health care services because of a conscience-based objection only if the refusal occurs in accordance with certain protocols.

The law goes into effect on January 1, 2017.

Read IL S.B. 1564

Child Bereavement Leave

On July 29, 2016, Illinois Governor Bruce Rauner signed the Child Bereavement Leave Act (S.B. 2613). The law applies to employers covered by the federal Family and Medical Leave Act (FMLA).

The act provides employees of covered employers with up to two weeks (10 days) of unpaid bereavement leave to:

  • Attend the funeral or alternative to a funeral of a child;
  • Make arrangements necessitated by the death of the child; or
  • Grieve the death of the child.

Bereavement leave must be completed within 60 days after the date on which the employee receives notice of the death of the child.

An employee must provide the employer with at least 48 hours’ advance notice of the intent to take leave, unless providing such notice is not reasonable and practicable. An employer may require reasonable documentation of the child’s death. Documentation may include a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.

In the event of the death of more than one child in a 12-month period, an employee is entitled to up to a total of six weeks of bereavement leave during the 12-month period. This act does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the FMLA.

An employee who is entitled to take paid or unpaid leave (including family, medical, sick, annual, personal, or similar leave) from employment, pursuant to federal, state, or local law, a collective-bargaining agreement, or an employment benefits program or plan may elect to substitute any period of such leave.

Employers may not retaliate against employees for taking child bereavement leave.

The law went into effect upon signing.

Read IL S.B. 2613