Ordinance Adopting the Village's Current Paid Leave and Benefits Policy and Opting out of the Illinois Paid Leave for All Act

The State of Illinois has passed the Paid Leave for All Workers Act, which sets paid leave and notice standards for Illinois employers, including paid leave for part-time employees. Park District and School District employees are exempted from Act, and the State chose not to preempt municipal home rule authority in the law, meaning home-rule communities such as Arlington Heights have the ability to opt out and create their own rules for employees. The law requires that employers provide at least one week of paid leave to all full-time employees, and the equivalent of one week paid leave for all part time employees, including temporary employees. Employers cannot deny approval of the leave regardless of the reason for the leave or impact on operations. Leave is available 90 days after the commencement of employment.  The law goes into effect on January 1, 2024.

All full-time Village employees currently receive sick, vacation, and personal leave that accrues at levels beyond the minimum required in the Act.  In light of the new law, there are plans to reinstitute proportional leave for permanent part-time employees in 2024 to keep benefits competitive. However, Staff believes that lack of the ability to deny leave for any reason is not compatible with municipal service, given the types of 24/7 unpredictable emergency work that the Village does, particularly in the Public Works, Fire, and Police Departments. Therefore, Staff recommends approval of the attached ordinance which opts the Village Government out of the law. 

A number of municipal governments around the state are also opting out. Locally, Palatine, Schaumburg, and Elk Grove Village have already opted out and Rolling Meadows, Buffalo Grove, and Wheeling have the item on their agendas this week or early next month. If the Village chooses to opt out, it must do so prior to January 1, 2024.

Recommendation:

Adoption of the Ordinance Adopting the Village’s Current Paid Leave and Benefits Policy and Opting out of the Paid Leave for All Act