Paid
time off would be a mandatory benefit for Illinois workers under a bill
on Gov. J.B. Pritzker’s desk that represents the latest high-profile
measure passed by the Democratic General Assembly to expand workers
rights.
Pritzker
has said he plans to sign the bill, which would make Illinois one of
more than a dozen states with paid-leave policies. The measure would
take effect next Jan. 1 and require an hour of paid leave be granted for
every 40 hours worked, with employees able to accrue five days of leave
every year.
The bill passed through the Senate and House during the final day of the lame duck session earlier this month.
Proponents
say the measure’s primary beneficiaries would be low-wage, nonunionized
workers. The Service Employees International Union estimates about 1.5
million Illinois workers don’t get a single paid sick day through their
employer. The SEIU also said the measure would increase statewide income
by $1.5 billion.
Detractors
raise fears paid leave will adversely affect small businesses that have
struggled to stay afloat ever since the COVID-19 pandemic took hold
almost three years ago.
It would be the latest perk granted by the General Assembly for Illinois workers.
In
November, the state’s voters elected to codify the right to unionize in
the state constitution after legislators put the question on the
ballot. And as of New Year’s Day, the statewide minimum wage was raised
by a $1 to $13 an hour through a state law that has raised the wage in
steps since 2019, when it was $8.25 an hour.
The
Paid Leave for All Workers Act applies to workers employed by
businesses of any size. The chief Senate sponsor, Maywood Democrat
Kimberly Lightford, said during the floor debate prior to a vote that
the bill could benefit the 1.5 million workers who “cannot take a sick
day without being penalized or losing pay.”
“Imagine
you’re down with the flu, you have a bad cold or even COVID and you are
one of these millions of people. You have to consider if you’re going
to risk getting your co-workers sick or risk not being able to put food
on the table,” Lightford said.
“Why
should a person have to think for just a second if they were (at) risk
(of) losing their job or losing wages if they stay home to take care of
themselves or a loved one? Don’t we think that should be a basic human
right?” she asked.
State
Sen. Jason Barickman, a Bloomington Republican whose last day as a
senator was the night of the vote, countered that the bill could be
detrimental to small business owners.
“They’re
the mom-and-pop shops that are the lifeblood of the economic engine of
our state, and while they have continued to try to do their best as
they’ve navigated through COVID, historic levels of inflation and
otherwise, I think it’s important to put in context the role that they
play in our communities,” he said.
“They
put our people to work, and we need to make sure that we are supporting
our small businesses and our small-business employers. And this
legislation unfortunately goes in the wrong direction for that.”
Employees
would face fines or other civil penalties if they violate the measure.
It would not apply to municipalities, such as Chicago, that already have
policies on paid leave or paid sick leave.
Unused
paid leave could be carried over annually, but there’s no requirement
for employers to grant more than 40 hours of paid leave in a 12-month
period. Employers would be allowed to grant more than 40 hours of paid
leave time a year.
The
legislation would benefit nonunionized workers employed in factories,
warehouses, restaurants and in other working-class professions,
according to Wendy Pollack, director of the Women’s Law and Policy
Initiative at the Shriver Center on Poverty Law, which supported the
legislation.
“This
was very important to them because so many of them don’t even get an
hour of paid leave of any kind, whether it’s sick leave, whether it’s
vacation leave,” Pollack said.
Audra
Wilson, president and CEO of the Shriver Center, said lack of a
paid-leave policy has a disproportionate, negative impact on Black and
brown workers.
“Many
of them are living in multigenerational homes. So, you’re talking about
folks who already had to be subjected to the public and the pandemic,”
she said. “They were coming to work sick, unfortunately, if they
contracted COVID because they did not have paid time off. You had
individuals who had to struggle to figure out what to do with their
children when our kids were home for a year.”
A
2020 report from the Illinois Economic Policy Institute said 179
countries — the United States not among them — mandate paid sick leave
for workers. Illinois’ policy would allow workers to take time off for
any reason, not just to recover from an illness.
Citing
some of the arguments voiced by Barickman, the National Federation of
Independent Business opposed the bill, noting how many small businesses,
especially those with five to 10 employees, have yet to recover from
the pandemic.
Chris
Davis, the group’s state director, said these businesses have struggled
with supply-chain issues, inflation and finding workers. Mandatory paid
leave would be “one more tax imposed on them by the state of Illinois
that’s just going to be difficult to manage,” Davis said.
“Now
they’ve been forced by the government to implement their solution that
the government thinks is best rather than what’s really best for the
employer and employee,” he said.
He
said employers are sympathetic to workers forced to make a difficult
choice about going in if they’re sick or have another issue, but that
those situations should be worked out with employers.
“They
consider their employees a part of the family,” he said of
small-business owners. “They’re also best positioned to work with that
employee to come up with a solution on an event-by-event basis to
determine what enables that employee to meet their personal needs, but
would also keep the business open to the public to meet their customers’
needs and to keep the business operation moving forward.”
Davis said his group plans to host seminars and webinars to help businesses understand how to implement the new requirements.
Mark
Denzler, president and CEO of the Illinois Manufacturers’ Association,
said his group initially opposed the bill, but shifted to a neutral
stance as negotiations progressed over a proposal several years in the
making.
Supporters
initially wanted at least seven paid leave days, and there was also a
“stacking” proposal that would have allowed municipalities that already
have paid leave to add the state’s required five days to those already
granted.
But
both sides eventually agreed to the five days of annual paid time off a
year, as well as a policy that would be applied to all 102 Illinois
counties, without a stacking provision.
The day after the bill passed through the General Assembly, Pritzker issued a statement lauding the legislation.
“Working
families face enough challenges without the concern of losing a day’s
pay when life gets in the way,” the governor said. “I’m looking forward
to signing this legislation and giving a safety net to hardworking
Illinoisans.”
Denzler acknowledged the perk of the paid time off not being limited to just sick leave if it’s signed into law.
“It’s
Friday afternoon and an employee wants to play golf or go see their son
or daughter at school. Because it was sick time, the employee would
fake being sick,” Denzler said. “We should let them use it for anything.
If they want to go to their kid’s school, if they want to take their
kid to the doctor, if they have to go to the doctor, if they want to go
golfing, let’s give it to the employee to use however they want.”
jgorner@chicagotribune.com