Legislation Details

File #: ORD 23-117    Name:
Type: Ordinance Status: Passed
In control: President and Board of Trustees
On agenda: 12/4/2023 Final action: 12/4/2023
Title: An Ordinance Regarding Paid Leave for Village Employees
Attachments: 1. Ordinance

Submitted By                     

Kira Tchang, Assistant Village Manager/HR Director

 

Reviewed By

Ahmad M. Zayyad, Deputy Village Manager / Interim Director of Development Customer Services

 

Agenda Item Title

Title

An Ordinance Regarding Paid Leave for Village Employees

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Overview

Overview

The Paid Leave for All Workers Act (PLAWA) was recently adopted by the State of Illinois and will become effective on January 1, 2024.  The PLAWA mandates all employers, including municipalities, to provide employees up to 40 hours of paid leave during a 12-month period. The PLAWA expressly allows for municipalities to pass an ordinance prior to January 1, 2024 so that the provisions of the PLAWA will not apply.

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Recommendation

Recommendation

Adopt the Ordinance.

 

Background

The Paid Leave for All Workers Act (PLAWA) will go into effect on January 1, 2024, and requires all employers, including municipalities but excluding park districts and school districts, to provide employees with up to 40 hours of paid leave during a 12-month period. The PLAWA requires employers to provide at least 1 hour of paid leave for every 40 hours worked with a maximum of 40 hours a year. Employees may be able to take such time off in no less than 2-hour increments and employees may take the paid leave, for any reason, upon 7 days’ notice when the leave is “foreseeable,” but without notice when such leave is “unforeseeable.” Such paid leave benefits provided for in the PLAWA apply to all employees, including part-time employees.

 

This means that PLAWA would allow employees to use 40 hours of paid time off without providing a reason and the time off cannot be denied by the employer. Under the Village’s current leave procedures, leave cannot be unconditionally used and is subject to notification and approval of supervisors for non-sick leave and reasonable notice to supervisors for sick leave. When sick leave is used for more than 3 consecutive days, there may be additional requirements or other nuanced work rules to prevent abuse of leave and chronic absenteeism by employees and to ensure staffing levels are properly maintained on a day-to-day basis to provide critical municipal services in key operative departments.

 

The Village currently provides paid leave in excess of what is required under the requirements of the PLAWA for all full and part-time regular employees either under the Personnel Manual or through collective bargaining agreements. This includes vacation, sick, personal, and compensatory leave. Additionally, employees may be eligible for paid bereavement leave, jury duty, and administrative leave.  The PLAWA expressly provides that if municipalities or counties who have ordinances in place prior to January 1, 2024, requiring employers to give any form of paid leave to their employees, the PLAWA shall not apply.

 

 

Fiscal Impact

There is no fiscal impact.

 

DEI Impact

N/A

 

Alternatives

The Village Board could choose to allow the Paid Leave for All Workers Act to take effect on January 1, 2024 which would result in changes to the Village’s ability to approve or deny certain leave requests.

 

Previous Board Action

N/A

 

Citizen Advisory Commission Action

N/A

 

Anticipated Future Actions/Commitments

N/A

 

Intergovernmental Cooperation Opportunities

N/A