Bill Text: IL SB2793 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2793 Detail]

Download: Illinois-2023-SB2793-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2793

Introduced 1/17/2024, by Sen. Michael W. Halpin

SYNOPSIS AS INTRODUCED:
820 ILCS 192/10

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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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 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,
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 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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