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Employee leave bills taking fire

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* From the Illinois Policy Institute’s radio network

An Illinois business group wants Gov. Bruce Rauner to veto a bill that would allow workers to use sick leave for family members’ illnesses.

Mark Denzler, vice president and CEO of the Illinois Manufacturers Association, said the Employee Sick Leave Act would allow the state to tell businesses what to do.

“These decisions are best left in the hands of employers who can make choices for their employees about the best type of way to administer leave programs,” he said.

The bill would impact collective bargaining agreements and violate some provisions of federal law, Denzler added. “So we think that very clearly this violates some provisions of federal law, we think it is going to probably have to be litigated.”

* The IMA sent me a list of bills that fall under this heading…

HB 4036 (Lilly/Hutchinson) amends the Victims’ Economic Security and Safety Act (VESSA) by requiring that small employers with 14 or fewer employees provide at least four weeks of unpaid leave in cases of domestic violence impacting the employee or a member of their household.

HB 6162 (Skoog/Collins) provides an employee may use personal sick leave benefits voluntarily provided by the employer to care for extended family members. This new state mandate creates a one-size-fits-all approach and does not allow employers the opportunity to craft policies that make sense for their individual businesses. The IMA and individual companies have noted that HB 6162 supersedes collective bargaining agreements and could violate the Illinois Constitution that prohibits any law impairing the obligations of private contracts.

SB 2613 (Bertino-Tarrant/Manley) creates the Child Bereavement Leave Act and mandates that employers must provide at least two weeks of unpaid leave to employees who have lost a child. In the unfortunate situation where an employee loses more than one child in a twelve-month period, an employer must provide six weeks of unpaid leave.

* HB 6162 is the bill referenced in the story above and it passed the House with a veto-proof, bipartisan majority of 78-35 and the Senate 38-19 with two Republicans voting for it (Rezin and McCann).

HB 4036 passed the House 73-42 and passed the Senate 40-14.

And SB2613 passed the House and Senate with a combined total of just 3 “No” votes.

posted by Rich Miller
Monday, Jul 11, 16 @ 11:45 am

Comments

  1. Today on NPR- http://www.npr.org/sections/health-shots/2016/07/11/484960907/hassle-of-being-a-patient-can-turn-into-a-crisis-without-sick-leave

    ****
    There are benefits to employers for allowing a small health issue to be taken care of before it balloons into a major health crisis. Those employers that do realize this, and support their employees in some manner, more than likely have less turn over and a more engaged and satisfied workforce.

    Comment by Anon221 Monday, Jul 11, 16 @ 11:54 am

  2. If you read page 169 of the governor’s proposed state contract you’ll see that rauner, who can hardly be called a friend of workers, has agreed to instituting paid leave for those who lose a child.

    When you are to the right of Bruce rauner on a labor issue, you are truly in crazy town…

    Comment by steward Monday, Jul 11, 16 @ 11:55 am

  3. I’d like to know how much paid leave is given to IPI employees. Also how they are allowed to use it.

    Here, we hear about just going to a simple PTO plan. If you are sick, you take paid time off. If it’s your kid, your parent, your dog, you take paid time off.

    Comment by Cheryl44 Monday, Jul 11, 16 @ 12:00 pm

  4. “These decisions are best left in the hands of employers who can make choices for their employees about the best type of way to administer leave programs,” [Dentzler] said.

    I want you to think about this reasoning. It’s not that the state should not remaking decisions for people, it’s that the state should not interfere with an employer’s right to make decisions about a worker’s life.

    Comment by the Other Anonymous Monday, Jul 11, 16 @ 12:07 pm

  5. “…it’s that the state should not interfere with an employer’s right to make decisions about a worker’s life.”

    ***
    Of the three bills cited above, the protection to workers that I can see is that their job cannot be eliminated because of personal illness, care for a family member (even if that member is not an immediate family member- our families don’t stop at just children, parents, and grandparents), or for a severe personal tragedy. Most employers will not be so heartless, true. Most will try and work with the employee, paid or unpaid leave, and keep their job for them in some manner (telework, rescheduling hours, etc.). But what protections are there for those employers who only see employees as replaceable??? The votes alone should indicate that the legislators were considering this for their constituents.

    Comment by Anon221 Monday, Jul 11, 16 @ 12:24 pm

  6. When debating this bill, Rep. Ives, demonstrating her comprehensive understanding of the intricacies of the issue, declared that “sick leave” was originally designed to prevent sick workers from infecting their colleagues. Never mind that cancer is not contagious…

    Comment by AlfondoGonz Monday, Jul 11, 16 @ 12:28 pm

  7. I’ll just bring my sick kids to work!

    Comment by Trish Mandel Monday, Jul 11, 16 @ 12:43 pm

  8. But what protections are there for those employees WHOSE employers who only see employees as replaceable???

    Comment by Anon221 Monday, Jul 11, 16 @ 12:51 pm

  9. ==said the Employee Sick Leave Act would allow the state to tell businesses what to do.==

    Maybe if all businesses were doing the right thing they wouldn’t have to be told what to do. None of those proposals are unreasonable and it’s unconscionable to me that employers wouldn’t already allow for such things.

    Comment by Demoralized Monday, Jul 11, 16 @ 12:57 pm

  10. Am I missing something? Employees are already protected by FMLA. If you apply and granted FMLA you can use sick time in parallel with the Federally protected time to care for a sick family member.

    Comment by JustRight Monday, Jul 11, 16 @ 12:59 pm

  11. The government dictating to employers how to treat employees? Isn’t that a legitimate way for givernment to protect workers from abuse?
    Sounds fundamental to me..

    Comment by IRLJ Monday, Jul 11, 16 @ 1:02 pm

  12. Just Right- Short answer to your question- No. Read on…

    “In order to take FMLA leave, you must first work for a covered employer. Generally, private employers with at least 50 employees are covered by the law. Private employers with fewer than 50 employees are not covered by the FMLA, but may be covered by state family and medical leave laws. Government agencies (including local, state and federal employers) and elementary and secondary schools are covered by the FMLA, regardless of the number of employees.”

    https://www.dol.gov/whd/fmla/employeeguide.pdf

    Comment by Anon221 Monday, Jul 11, 16 @ 1:05 pm

  13. Demoralized.maybe if the president would protect American workers through better trade deals, we could compete against currency manipulation. As it is, some of us can barely keep our doors open vs paying employees not at work for prolonged periods of time.

    Comment by blue dog dem Monday, Jul 11, 16 @ 1:05 pm

  14. Pretty sure these bills are not being considered because business ‘does the right thing’ for it’s workers on a consistent basis.

    If they don’t want to be mandated to provide coverage for these issues, then perhaps they ought to consider what they DO allow sick employees to do.

    Comment by How Ironic Monday, Jul 11, 16 @ 1:07 pm

  15. “…best left in the hands of employers who can make choices for their employees…”

    the IMA, boldly standing for companies’ rights to rain havoc on employee lives even at the most painful times.

    Comment by In 630 Monday, Jul 11, 16 @ 1:27 pm

  16. –“These decisions are best left in the hands of employers who can make choices for their employees about the best type of way to administer leave programs,” he said.–

    LOL, where did this cat work before IMA? The Harding Administration?

    I’m guessing the candor was unintended. He might want to run it by a spin doctor next time.

    Comment by wordslinger Monday, Jul 11, 16 @ 1:36 pm

  17. If a business wanted to avoid this they could simply switch from sick & vacation to the cheapo PTO. Where employees are forced to give up vacation time if they’re sick that year.

    Comment by Robert the 1st Monday, Jul 11, 16 @ 2:46 pm

  18. Lots of HR attorneys posting today. Lol.

    I’m guessing few, if any, have read 6162 that only applies to employers who ALREADY offer paid leave. It’s telling the small 8 person company they have to have the same plans a 4,000 employee facility. Oh, and by the way, if you have collectively bargained a leave program with a union, this law pre-empts it.

    It doesn’t address how they all interact. Let’s take a company with 2 locations (Chicago and downstate). One facility has 50 employees and another 12. One is covered by FMLA yet the new state law differs from FMLA. So, an employee may get to “double dip” and get benefits? Chicago now mandates paid leave so the employer must balance federal,state and local regulations that all differ.

    Comment by 4 percent Monday, Jul 11, 16 @ 2:54 pm

  19. Most businesses value their employees. They realize how much their employees contribute. They also realize how much it takes to hire and train new employees. Therefore, they want to make their place of employment a good productive work environment, And they do not want to be constantly hiring and training new employees. Employees knowing that management thinks enough of them to give paid time off goes a long ways towards a good productive work environment. On the other hand, not treating employees in such a manner does not create a good productive work environment. Its common sense.

    Comment by Joe M Monday, Jul 11, 16 @ 3:08 pm

  20. I keep seeing people mention paid leave, but I saw the word unpaid for 2 of those bills. Doesn’t that mean they are just promising not to fire the people if they have to take UNpaid time off for those reasons?

    And btw, in the private sector when my Mom passed away my boss gave me 3 days off paid. For the state when my Dad passed away last year I came to work the same day because I didn’t have time to take off.

    Comment by HangingOn Monday, Jul 11, 16 @ 3:40 pm

  21. Can we give food service workers paid sick leave? It make scene unless you think the flu and norovirus are the price we pay to preserve the free market.

    Comment by Anonymous Monday, Jul 11, 16 @ 7:18 pm

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