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Approving Paid Sick and Personal Leave Benefits Required for County Employees
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WHEREAS, the Counties Code, 55 ILCS 5/5-1018, authorizes a county board to employ, appoint or contract for the services of personnel for the county board, its committees and chairman, as it finds necessary and desirable to the conduct of business of the county, and to fix the compensation of and pay for the services of such personnel; and
WHEREAS, on March 13, 2023, Governor J.B. Pritzker signed into law Public Act 102-1143, titled the Paid Leave for All Workers Act (the “Act”), establishing “a minimum paid leave standard for all workers in Illinois,” with certain exceptions; and
WHEREAS, the Act takes effect on January 1, 2024, and applies to State and local government employers within Illinois, except school districts and park districts;
WHEREAS, the mandatory paid leave standard required by the Act constitutes an unfunded mandate on the County pursuant to the State Mandates Act, 30 ILCS 805/1, et seq.; and
WHEREAS, the General Assembly incorporated language into Section 15(p) of the Act, 820 ILCS 192/15(p), which expressly provides that “[t]he provisions of this Act shall not apply to any employer that is covered by a municipal or county ordinance that is in effect on the effective date of this Act that requires employers to give any form of paid leave to their employees, including paid sick leave or paid leave;” and
WHEREAS, Section 15(n) of the Act, 820 ILCS 192/15(n), further provides that “[n]othing in this Act shall be deemed to affect the validity or change the terms of bona fide collective bargaining agreements in effect on January 1, 2024. After that date, requirements of this Act may be waived in a bona fide collective bargaining agreement, but only if the waiver is set forth explicitly in such agreement in clear and unambiguous terms;” and
WHEREAS, the County recognizes the importance of paid leave for workers and provides its employees with a comprehensive benefits package that includes paid leave benefits that are greater than those required under the Act, as detailed in the County’s Employee Handbook and its various collective bargaining agreements; and
WHEREAS, the current Employee Handbook requires that County employees be provided with various types of paid leave, including without limitation vacation, sick leave, and holidays, as well as additional unpaid leave; and
WHEREAS, the County Board finds that it is in the best interest of the County, its employees and its residents to adopt by ordinance, prior to the effective date of the Act, a Sick and Personal Leave Policy for its employees, replacing the current short-term sick leave policy provisions contained in its Employee Handbook, and providing its employees with up to 40 hours of paid leave for any reason and to expressly affirm that the provisions of the Act do not apply to the County’s employees.
NOW, THEREFORE, BE IT ORDAINED by the Kane County Board, as follows:
SECTION 1: Recitals. The foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein.
SECTION 2: Affirmation and Adoption of Paid Leave Policies.
A. Pursuant to Section 5-1018 of the Counties Code and Sections 15(p) and 15(n) of the Paid Leave for All Workers Act (the “Act”), the County hereby adopts the Sick and Personal Leave Policy, attached hereto as Exhibit A and incorporated herein, which may be amended from time to time in compliance with law, as a required paid leave policy for its employees. The Kane County Employee Handbook is hereby amended by repealing and deleting the short-term sick leave provisions contained in Sections (A)-(D) of the County’s Sick Leave Policy and adding the new Sick and Personal Leave Policy, attached hereto as Exhibit A.
B. Pursuant to Section 15(p) of the Act, the County expressly affirms that the provisions of the Act shall not apply to the County’s employees. This Ordinance governs and supersedes all provisions of the Act impacting the employment relationship between the County and its employees.
C. Pursuant to Section 15(p) of the Act, elected and appointed County officials with internal control shall have the ability, at their option, to expressly adopt the County Policy on Sick and Personal Leave for non-union employees by notifying their employees and the County Department of Human Resource Management and the County Payroll Department in writing.
D. Pursuant to Section 15(n) of the Act, the County hereby affirms the paid leave benefits included in the respective and currently existing collective bargaining agreements to which the County is a party. Nothing in the Act or this Ordinance shall be deemed to affect the validity or change the terms of the currently existing collective bargaining agreements. To the extent the terms of any collective bargaining agreement conflict with the County’s Sick and Personal Leave Policy, the terms of the collective bargaining agreement shall prevail.
E. No additional obligations with regard to mandatory paid leave, including without limitation, any obligations adopted under the Act by the State of Illinois, shall apply to the County in its capacity as an employer, except those required by federal or State of Illinois laws and regulations preempting the County’s authority.
SECTION 3: Severability. If any section, paragraph, clause or provision of this Ordinance is held invalid, the invalidity of such section, paragraph shall not affect any of the other provisions of this Ordinance.
SECTION 4: Repealer. Any policy, resolution or ordinance of the County that conflicts with the provisions of this Ordinance shall be and is hereby repealed to the extent of such conflict.
SECTION 5: Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law.
Passed by the Kane County Board on December 12, 2023.
_________________________ _________________________
John A. Cunningham, MBA, J.D. Corinne M. Pierog MA, MBA
Clerk, County Board Chairman, County Board
Kane County, Illinois Kane County, Illinois
Vote: