VILLAGE OF GLENWOOD COOK COUNTY, ILLINOIS. ORDINANCE NO u_

Transcription

1 VILLAGE OF GLENWOOD COOK COUNTY, ILLINOIS ORDINANCE NO u_ AN ORDINANCE ESTABLISHING EARNED SICK LEA VE REQUIREMENTS FOR EMPLOYERS WITHIN THE VILLAGE OF GLENWOOD AND SUPERSEDING THE COOK COUNTY EARNED SICK LEA VE ORDINANCE ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF GLENWOOD THIS 6TH DAY OF JUNE, 2017 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Glenwood, Cook County, Illinois this 6th day of June, / Page 1 of 8

2 ORDINANCE NO AN ORDINANCE ESTABLISIDNG EARNED SICK LEA VE REQUIREMENTS FOR EMPLOYERS WITIDN THE VILLAGE OF GLENWOOD AND SUPERSEDING THE COOK COUNTY EARNED SICK LEA VE ORDINANCE WHEREAS, the Village of Glenwood is a home rule unit of local government pursuant to the provisions of Article VII, Section 6 of the Illinois Constitution; and WHEREAS, as a home rule unit of local government, the Village may exercise any power and perform any function pertaining to its government and affairs except as limited by Article VII, Section 6; and WHEREAS, Cook County, an Illinois home rule county, has adopted Ordinance No , the Cook County Earned Sick Leave Ordinance (the "Ordinance"), which purports to require, among other things, that: (1) employers that gainfully employ at least one (1) employee with a place of business within Cook County ("Employer") must comply with the Ordinance, (2) Employers must grant one hour of earned sick leave to each covered employee for every 40 hours of work by each covered employee after the effective date of the Ordinance, (3) Employers have a duty to allow the accrual of at least 40 hours of earned sick leave by each covered employee for each 12-month period as provided in the Ordinance, (4) Employers must allow covered employees to carry over half of his or her unused earned sick leave that accrues under the Ordinance into the following 12-month period, (5) Employers that are subject to the Family and Medical Leave Act ("FMLA") must allow employees to carry over 40 hours of unused earned sick leave that accrues under the Ordinance for employees to use exclusively for FMLA purposes, and (6) that Employers must allow covered employees to use earned sick leave that accrues under the Ordinance for personal illness or injury, for family illness or injury, for instances where the employee or family Page 2 of 8

3 members may be victims of domestic or sexual violence, and for public health emergencies that result in a child' s school or care facility being closed; and WHEREAS, the Cook County Earned Sick Leave Ordinance also imposes requirements that limit the discretion and authority of Employers to require advance notice from employees desiring to take earned sick leave that accrues under the Ordinance, to require certification of an employee's injury or illness, or to impose discipline for abuse or misuse of earned sick leave that accrues under the Ordinance; and WHEREAS, the Cook County Earned Sick Leave Ordinance further subjects Employers to enforcement actions under the Cook County Human Rights Ordinance and to civil actions for damages and attorney's fees for any violation of the Ordinance; and WHEREAS, the Cook County Earned Sick Leave Ordinance unconstitutionally infringes upon the traditional power and function of the Illinois General Assembly to establish and promote a favorable statewide labor climate through the establishment and enforcement of uniform statewide laws, rules and policies governing labor relations, wages and hours of work, workplace conditions and employee rights and benefits within the State of Illinois; and WHEREAS, the corporate authorities of the Village of Glenwood are of the opinion that requiring Employers based in the Village of Glenwood to either comply with the unconstitutional mandate of the Cook County Earned Sick Leave Ordinance, or to risk enforcement actions, litigation expenses and workplace disruption if they don't comply with the Ordinance, will damage the business climate in the Village, will reduce employment opportunities for Village residents, will deter Employers from retaining or expanding their businesses within the Village, and will deter potential employers from locating new businesses in the Village so Jong as the Ordinance is in effect; and Page 3 of 8

4 WHEREAS, the corporate authorities of the Village of Glenwood are of the opinion that requiring Employers based in the Village of Glenwood to establish and maintain earned sick leave policies as required by the Cook County Earned Sick Leave Ordinance will place such Employers at a competitive disadvantage in comparison to employers that are not required to comply with the Cook County Earned Sick Leave Ordinance and will result in a loss of business and employment activity in the Village with the resulting diminution of Village revenues attributable to such activities; and WHEREAS, the corporate authorities of the Village of Glenwood are of the opinion that preempting and superseding the Cook County Earned Sick Leave within the geographic limits of the Village of Glenwood will promote businesses locating within the Village of Glenwood by removing the additional cost and mandate of the Cook County Earned Sick Leave Ordinance for employers within the Village and will secure employment and business opportunities for residents of the Village; and WHEREAS, the corporate authorities of the Village of Glenwood are of the opinion that preempting and superseding the Cook County Earned Sick Leave Ordinance within the geographic limits of the Village of Glenwood will promote the growth of businesses and employment opportunities within the Village by preserving and maintaining a business climate in the Village of Glenwood that is free of unnecessary, costly and unproductive interference in the employeremployee relationship of employers within the Village of Glenwood that would otherwise result from the Ordinance; and WHEREAS, the corporate authorities of the Village of Glenwood are of the opinion that the health and general well-being of the Village of Glenwood, of employees engaged in compensated work for Employers within the geographic limits of the Village, and of Employers Page 4 of 8

5 that maintain a place of business and gainfully employ persons at such places of business within the geographic limits of the Village, is best advanced and protected by sheltering such Employers from the localized and parochial employment mandates contained in the Ordinance that do not apply to competitors outside Cook County, and by instead relying upon the uniform applicability of state-wide and national labor and employment laws, upon collective bargaining where applicable, and upon the sound business judgment and discretion of employers within the Village to determine the nature and extent of compensation and benefit packages that will be provided to employees, including but not limited to earned sick leave benefits; and WHEREAS, the corporate authorities of the Village of Glenwood find that it is in the best interests of the Village that Employers that do business and employ workers within the geographic limits of the Village of Glenwood should only be required to comply with generally applicable sick leave benefit requirements established by state-wide and national labor and employment laws, with sick leave benefit requirements established in collective bargaining agreements where applicable, and with sick leave benefit requirements provided by Employers in compensation and benefit packages they provide to their employees, and that the Cook County Earned Sick Leave Ordinance shall not apply to such Employers; and WHEREAS, the Article VII, Section 6( c) of the Illinois Constitution of 1970 provides that when a home rule county ordinance conflicts with the ordinance of a municipality, the municipal ordinance shall prevail within its jurisdiction; and WHEREAS, the corporate authorities of the Village of Glenwood find and determine that the public health, safety, morals and welfare of the Village will be served and enhanced by adopting this Village of Glenwood Earned Sick Leave Ordinance and by superseding the Cook County Earned Sick Leave Ordinance in its entirety for Employers that now or hereafter locate Page 5 of 8

6 within or do business within the geographic limits of the Village of Glenwood, or that gainfully employ workers within the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF GLENWOOD, COOK COUNTY, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: Incorporation of Preamble. That the above and foregoing recitals are hereby incorporated into and made a part of this Ordinance. SECTION 2: Amendment of Code of Ordinances. The Code of Ordinances of the Village of Glenwood shall herein be amended by adding new Article XIV to CHAPTER 26 which shall be known as the Village of Glenwood Earned Sick Leave Ordinance and is set forth in its entirety as follows: CHAPTER26 ARTICLE XV Village of Glenwood Earned Sick Leave Ordinance : (a) Definitions. The following definitions shall apply to this Article XIV: Family and Medical Leave Act means the Family and Medical Leave Act of 1993, 29 USC 201, et seq., in force on the effective date of this Ordinance and as thereafter amended. (b) Employee Sick Leave Act means the Illinois Employee Sick Leave Act, 820 ILCS 191/1 et. seq. in force on the effective date of this Ordinance and as thereafter amended. (c) Victims' Economic Security and Safety Act means the Illinois Victims' Economic Security and Safety Act, 820 ILCS 180/1 et. seq., in force on the effective date of this Ordinance and as thereafter amended. (d) Child Bereavement Leave Act means the Illinois Child Bereavement Page 6 of 8

7 Leave Act, 820 ILCS 154/1 et. seq., in force on the effective date of this Ordinance and as thereafter amended. (e) (f) (g) Employee means an individual permitted to work by an employer in an occupation, industry, business, trade or class of work in which employees are gainfully employed. Employer means any individual, partnership, association, corporation, limited liability company, business trust, or any person or group of persons that gainfully employs at least one employee, and that either (1) maintains a business facility within the geographic boundaries of the Village of Glenwood, or that employs at least one (1) employee who performs work for the employer while physically present within the geographic boundaries of the Village of Glenwood. Sick Leave means leave time, whether compensated or not, that is provided by an employer to an employee pursuant to the Family and Medical Leave Act, the Employee Sick Leave Act, the Victims' Economic Security and Safety Act, the Child Bereavement Act, any other provision of federal or lliinois state law, a collective bargaining agreement or an employee benefits program or plan adopted by the Employer for use in connection with personal illness or injury, for care giving of a family member with an illness or injury, for victims of domestic or sexual violence, for family bereavement or for other personal or public health conditions or emergencies : Earned Sick Leave. (a) Every employer shall provide, and every employee shall be entitled to accrue and use sick leave, as required by the Family and Medical Leave Act, the Employee Sick Leave Act, the Victims' Economic Security and Safety Act, the Child Bereavement Act, any other provision of federal or Illinois state law, a collective bargaining agreement or an employee benefits program or plan for use in connection with personal illness or injury, for caregiving for a family member with an illness or injury, for victims of domestic or sexual violence, for family bereavement or for other personal or public health conditions or emergencies. (b) Nothing in this ordinance shall be construed to supersede any provision of federal or state law, a collective bargaining agreement or an employee benefits program or plan that secures sick leave benefits for employees within the Village. (c) Nothing in this ordinance shall be construed to require employers to provide sick leave benefits pursuant to the Cook County Earned Sick Leave Ordinance. Page 7 of 8

8 : Conflict with Cook County Earned Sick Leave Ordinance. The terms and provisions of the Cook County Earned Sick Leave Ordinance shall not apply within the geographic limits of the Village of Glenwood, and shall be superseded by the Village of Glenwood Sick Leave Ordinance within the geographic limits of the Village of Glenwood. SECTION 3: Exercise of Home Rule Power. This Ordinance and each of its terms shall be the effective legislative act of a home rule municipality without regard to whether such ordinance should (a) contain terms contrary to the provisions of current or subsequent non-preemptive state law, or (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Glenwood that to the extent that the terms of this Ordinance should be inconsistent with any non-preemptive state law, that this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 4: Effective Date. This ordinance shall be in full force and effect upon its passage and approval and shall subsequently be published in pamphlet form as provided by law. PASSED by the following roll call vote this 16th day of June, AYES: NAYS: ABSENT: Be ckman, Clark, Slaughter, Styles, Washington, Winston None None APPROVED this 6th day of June, ATTEST: Ronald J. Gardiner, Village President Page 8 of 8