Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart A - GENERAL PROVISIONS › Section 200.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the terms set forth in Section 10 of the Act,
				  all other terms used in this Part shall have the meanings set forth in this
				  Section.
"Accrual" or "accrue" is the practice of accumulating paid
				  time off over a period of time, proportionately to hours worked.
"Act" means the Paid Leave for All Workers Act [820 ILCS
				  192].
"Administrative Law Judge" means an individual authorized by
				  the Department to determine the merits of claims alleging violations of the
				  Act.
"Aggrieved Employee" means an employee affected by a possible
				  violation of the Act, regardless of whether the employee has filed a claim with
				  the Department.
"Complaint" means a signed document alleging a violation of
				  the Act, accompanied by any supporting documentation required by the
				  Department.
"Construction industry" means any constructing,
				  altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing,
				  remodeling, remediating, renovating, custom fabricating, maintenance,
				  landscaping, improving, wrecking, painting, decorating, demolishing, or adding
				  to or subtracting from any building, structure, highway, roadway, street,
				  bridge, alley, sewer, ditch, sewage disposal plant, waterworks, parking
				  facility, railroad, excavation or other structure, project, development, real
				  property, or improvement, or to do any part thereof, whether or not the
				  performance of the work herein described involves the addition to or
				  fabrication into, any structure, project, development, real property, or
				  improvement herein described of any material or article of merchandise. The
				  definition also includes moving construction-related materials on the job site
				  or to or from the job site, snow plowing, snow removal, and refuse
				  collection.
[820 ILCS 192/10 ]
"Day" means a calendar day.
"Department" means the Illinois Department of
				  Labor
, its Director, and the Director's authorized representatives.
				  [820 ILCS 192/110]
"Domestic work" means housekeeping, house cleaning,
				  home management, nanny services including childcare and child monitoring,
				  caregiving, personal care or home health services for elderly persons or
				  persons with an illness, injury, or disability who require assistance in caring
				  for themselves, laundering, cooking, companion services, chauffeuring; or other
				  household services for members of households or their guests in or about a
				  private home or residence or any other location where the domestic work is
				  performed, as defined by the Domestic Workers' Bill of Rights Act
.
				  [820 ILCS
				  192/10 ]
"Domestic worker" means a person,
including
				  independent contractors, sole proprietors, and partnerships,
who
				  performs domestic work. [820 ILCS
				  192/10 ]
"Domicile" for purposes of the definition of "employee,"
				  means a
true, fixed, and permanent legal home of a person or the place
				  to which the person intends to return even though the person may reside
				  elsewhere. As a further explanation, "a person may have more than one residence
				  but only one domicile".
[625 ILCS 5/1-115.5]
"Employee" means an individual permitted to work in an
				  occupation by an employer and:
whose base of operations, regional office, or headquarters is
				  in Illinois and that employee's work is primarily performed in Illinois,
				  or
if either of the following is true:
The work is primarily performed in Illinois for an employer
				  that performs substantial business in the State, markets its services in the
				  State, or maintains a registered agent within the State of Illinois; or
The work is primarily performed in Illinois and individual is
				  domiciled in Illinois.
For the purposes of this Part, when considering whether work
				  is performed primarily in Illinois, the Department will consider the following
				  factors:
The amount of work performed in Illinois compared to the
				  amount of work performed outside of Illinois;
Whether the work performed inside of Illinois is isolated,
				  temporary, or transitory; and
Whether the work performed outside of Illinois is the of same
				  nature or has the same duties of the work performed in Illinois.
The definition of "employee" does not include the
				  following:
An employee as defined in the federal Railroad
				  Unemployment Insurance Act (45 U.S.C. 351) or the federal
				  Railway Labor Act (45 U.S.C.
				  151);
A student enrolled in and regularly attending classes
				  in a college or university who is also working less than full-time temporary
				  basis at the same college or university;
An employee of a college or university who works for
				  less than 2 consecutive quarters and the employee does not have a reasonable
				  expectation to be rehired by the same employer for the same service in the
				  subsequent calendar year; or
A bona fide independent contractor except an individual
				  working as a domestic worker
as defined by the Domestic Workers' Bill
				  of Rights Act
and by this Part. [820 ILCS
				  192/10 ]
The definition of "employee" includes domestic
				  workers.
"
Employer
" means any individual, sole
				  proprietor, partnership, association, corporation, limited liability company,
				  business trust, employment and labor placement agency where wage payments are
				  made directly or indirectly by the agency or business for work undertaken by
				  employees under hire to a third party pursuant to a contract between the
				  business or agency with the third party,
State or local unit of
				  government, any political subdivision of the State, or any State or local
				  government agency,
including all branches of State government,
				  employing individuals in Illinois, except for the following:
Public school districts organized under the School
				  Code
[105 ILCS 5];
and
Park districts organized under the Park District
				  Code
[70 ILCS 1205]. [820 ILCS 192/10]
"Foreseeable" means reasonably able to be known or
				  anticipated.
"Frontload" means to
make available the minimum
				  number of hours of paid leave time, subject to pro rata requirements provided
				  in
820 ILCS 192/15(b)
, to an employee on the first day of
				  employment or the first day of the 12-month period
. [820 ILCS
				  192/15(c)]
"Independent contractor" means an individual, other than a
				  domestic worker, who:
has been and will continue to be free from control
				  and direction over the performance of the individual's work, both under the
				  contract of service with the employer and in fact; and
performs work that is either outside the usual course
				  of business or is performed outside all of the employer's places of business,
				  unless the employer is in the business of contracting with third parties for
				  the placement of employees; and
is in an independently established trade, occupation,
				  profession, or business.
[820 ILCS 115/2]
"Paid leave", "paid leave time", or "paid leave hours" means
				  time off from work for which the employer is required to pay the
				  employee.
"Party" means any employee affected by a possible violation
				  of the Act or any employer whose compliance with the Act is in question.
"Practical" means realistically capable of being accomplished
				  in the actual circumstances.
"Qualifying pre-existing paid leave policy" means a bona fide
				  paid leave policy that an employer has enacted prior to January 1, 2024, that,
				  in practice, satisfies the minimum amount of leave required by subsection 15(a)
				  if the policy offers an employee the option, at the employee's discretion, to
				  take paid leave for any reason.
"Rate of pay" means:
for an employee who is not
engaged in an occupation
				  in which gratuities or commissions have customarily and usually constituted
				  part of remuneration for hire
, an employee's hourly rate of pay;
				  and
for an employee who
is engaged in an occupation in
				  which gratuities or commissions have customarily and usually constituted part
				  of remuneration for hire, the full minimum wage in the jurisdiction where the
				  employee is employed
or the agreed-upon hourly base wage rate,
				  whichever is higher. [820 ILCS 192/5]
"Shared services" means services provided by a domestic
				  worker to more than one employer that are intentionally coordinated by the
				  employers. For example, in the context of childcare services, shared services
				  are commonly referred to as a "nanny share".
"State agency" means all boards, commissions, agencies,
				  institutions, authorities, bodies politic and corporate of the State created by
				  or pursuant to the constitution or statute, of the executive branch of State
				  government.
"Unforeseeable" means not reasonably able to be known or
				  anticipated.
"Writing" or "Written" means a printed or printable
				  communication in physical or electronic format, including a communication that
				  is transmitted through electronic mail, text message, or a computer system or
				  is otherwise sent or stored electronically.
[820 ILCS
				  192/10]