Client Alert - Employment Law Update
New Laws Affect Illinois Employers in 2017
Various new laws become effective in 2017, relating to employee sick leave and social media accounts.
Illinois Employee Sick Leave Act
Effective January 1, 2017, employers in Illinois that provide sick leave benefits must allow employees to use accrued time for the care of family members. "Family members" are defined as an employee's child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent. The law does not require employers to offer sick leave if they do not currently do so.
In addition, employers may limit the amount of sick leave used for the care of family members to an amount equivalent to what would be accrued during 6 months at the then current rate of accrual under existing plans. Absences are permitted to attend to a family member's "personal illness, injury, or medical appointment."
The new law also contains an anti-retaliation provision that prohibits employers from denying employees rights under the new law, or discharging, threatening, demoting, suspending, or discriminating against them for using sick leave.
Since the signing of the law by Governor Rauner, the Illinois General Assembly amended it on January 10, 2017 to include stepchildren and domestic partners. It was also amended to exclude leave available under short or long-term disability plans, and to allow employers to request verification from a health care professional if verification is required under the employer's policy.
Cook County Earned Sick Leave Ordinance
Effective July 1, 2017, employers in Cook County will face greater sick leave requirements. All employers with at least 1 employee in the county must provide earned paid sick leave, which accrues at a rate of 1 hour for every 40 hours worked up to a maximum of 40 hours per year.
Accrual begins on the first calendar day after the start of employment or July 1, 2017, whichever is later. Employees can carry over half of their unused sick leave per year up to 20 hours to the next 12-month period. Employers covered by the Family and Medical Leave Act ("FMLA") must allow employees to carry over an additional 40 hours to be used exclusively for FMLA purposes.
Like the state-wide law, sick leave under the county ordinance may be used to care for family members, which are defined more broadly to include step and foster relationships and individuals "related by blood or whose close association with the employee is the equivalent of a family relationship." Unlike unused vacation or PTO, unused sick leave under the ordinance does not need to be paid upon termination of employment.
Employers are required to post notices of employees' rights under the ordinance. The Cook County Commission on Human Rights will enforce the new law, and employees may bring civil actions to recover damages for violations, which include three times the full amount of unpaid sick leave denied, plus interest and attorney's fees. As with the Illinois sick leave law, retaliation is prohibited.
An important recent development concerns local municipalities that have opted out of the ordinance. The Village of Rosemont, the City of Oak Forest, and the Village of Barrington have all passed ordinances exempting employers in their jurisdictions, and other municipalities are considering similar enactments. It is unclear whether Cook County will challenge these actions in court.
Amendments to the Illinois Right to Privacy in the Workplace Act
Effective January 1, 2017, the scope of the Illinois Right to Privacy in the Workplace Act (the Act) has been expanded, with new restrictions on employers' access to employees' personal social media.
As explained in an earlier Client Alert, the Act prohibits employers from requesting or requiring any employee or prospective employee "to provide any password or other related account information in order to gain access to the employee's or prospective employee’s account or profile on a social networking website or to demand access in any manner to an employee's or prospective employee’s account or profile." The Act was later amended to permit access to employees' professional accounts.
Under new amendments, the Act has been broadened to apply not only to "social networking websites" like Facebook and LinkedIn, but also to all "personal online accounts," including such services as Twitter and Snapchat. In addition, the amendments prohibit employers from forcing employees to invite them to join groups affiliated with their personal accounts, or to "friend" or join an online account established by the employer.
In a nod to employers, the amendments do correct a prior shortcoming of the Act. Previously, there were no exceptions for access that might be necessary when conducting investigations. Now, employers may access employees' online accounts to investigate potential misappropriation of confidential information, illegal activity or misconduct, or when attempting to comply with state or federal law.
If you have any questions about how these legislative enactments will affect your business or have questions about your employment policies and practices in general, please contact Mr. Gonzalez at 312-558-9779 or at egonzalez@elvisgonzalezltd.com.
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