Illinois Employment Law Update: Recent Changes & Implications
In recent years, Illinois has witnessed significant changes in its employment laws, making this an important Illinois employment law update. These changes affect various aspects of employment, from bereavement leave to workplace policies for natural hair and employee rest periods. In this comprehensive update, we’ll delve into these pivotal changes and their implications for employers and employees alike.
Family Bereavement Leave Act (FBLA) Amendments
Expanding Bereavement Leave
Effective January 1, 2023, the Family Bereavement Leave Act expanded the scope of the previously named Child Bereavement Leave Act. Employers with 50 or more employees are now mandated to provide up to two weeks (10 workdays) of unpaid bereavement leave. This leave can be utilized in the event of the loss of a “covered family member,” including children, stepchildren, spouses, domestic partners, siblings, parents, mother-in-laws, father-in-laws, grandchildren, grandparents, or stepparents. It also encompasses situations such as stillbirth, miscarriage, unsuccessful reproductive procedures, failed adoption or surrogacy agreements, or a diagnosis affecting pregnancy or fertility. Should an employee experience the death of more than one covered family member within a 12-month period, they are entitled to a total of six weeks of leave during that period. While employers may request reasonable documentation for bereavement leave, employees are not obliged to specify the category of the qualifying event.
Create a Respectful and Open Workplace for Natural Hair Act (CROWN Act)
Addressing Discrimination Based on Hairstyles
The CROWN Act introduced amendments to the Illinois Human Rights Act by incorporating traits associated with race, such as hairstyles like braids, locs, and twists, within the definition of “race.” This crucial legislation is aimed at preventing discrimination based on hair texture and hairstyles.
One Day Rest in Seven Act (ODRISA) Revisions
Enhanced Rest Periods
Commencing January 1, 2023, amendments to ODRISA ushered in modifications to the rest period requirements for non-exempt employees. Employers are now obligated to provide employees with 24 hours of rest within each consecutive seven-day period. Additionally, for shifts exceeding 12 hours, employers must furnish an additional 20-minute meal period for every additional 4½ continuous hours worked. These amendments also introduce new notice requirements for employers and impose increased penalties for non-compliance.
Paid Leave for All Workers Act
Mandatory Paid Time Off
Illinois has also enacted a mandatory paid time-off law, affording employees a minimum of 40 hours of paid time off annually, applicable for any reason. This landmark legislation positions Illinois as the third state in the US to implement such a law.
Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act)
Expanding Lactation Accommodations
In the 2023 federal omnibus spending act, the PUMP Act was included, expanding lactation accommodations under the Fair Labor Standards Act (FLSA) for nursing mothers. This significant legal update broadens existing protections and accommodations related to lactation in the workplace.
Legal Databases:
- Legal research databases like Westlaw and LexisNexis provide access to legal documents, statutes, and case law that can be used to research recent legal changes.
- Keep an eye on the official websites of the State of Illinois, including the Illinois General Assembly and the Illinois Secretary of State, for legislative updates.
