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HomeMy WebLinkAboutORDINANCE - 3837 - 11/14/2023 - OUTLINING EARNED SICK LEAVEORDINANCE NO. 3837 AN ORDINANCE OUTLINING EARNED SICK LEAVE FOR EMPLOYEES OF THE VILLAGE OF ELK GROVE VILLAGE WHEREAS, the Village of Elk Grove Village, ("Village") as a home rule unit of local government as provided by Article VII, Section 6 of the Illinois Constitution of 1970, has the authority to exercise any power and perform any function pertaining to its government and affairs except as limited by Article VII, Section 6 of the Illinois Constitution of 1970; and WHEREAS, Article VII, Section 6(c) of the Constitution of the State of Illinois of 1970 provides that when an Illinois employment law conflicts with an ordinance of a home rule municipality, the municipal ordinance shall prevail within its jurisdiction; and WHEREAS, on March 13, 2023, the Governor of Illinois signed into law the Paid Leave for All Workers Act in the State of Illinois that requires employers to provide 40 hours of paid leave during a 12-month period ("Paid Leave for All Workers Act"); and WHEREAS, the Paid Leave for All Workers Act stipulates employees must begin accruing leave under the Act on their first day of employment, and must be allowed to begin using their leave 90 days after their hire date; and WHEREAS, the Paid Leave for All Workers Act will take effect on January 1, 2024; and WHEREAS, the Village finds that the law places an undue burden on the Village as an employer given the current rights of employees available under collective bargaining agreements and the Village of Elk Grove Village Personnel Rules & Regulations; and WHEREAS, the Village determined that the paid leave benefits historically provided by the Village far exceed the benefits contained in the Paid Leave for All Workers Act. WHEREAS, pursuant to the authority in the Paid Leave for All Workers Act which allows the Village to enact an ordinance that provides for paid leave to its employees pursuant to 820 ILCS 192/15(p) and its home rule authority and pursuant to the Illinois Constitution, Article VII, Section 6, the Village enacts this ordinance to codify the paid leave benefits provided to its employees. The Village finds that it is necessary, advisable, and in the best interests of the Village and its employees, as well as in the public interest, to incorporate its paid leave benefits into this ordinance. NOW THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the Village of Elk Grove Village, in the Counties of Cook and DuPage, as follows: Section 1: Recitals. The recitals above shall be and are hereby incorporated in this Section 1 as if restated herein. Section 2: Paid Leave. The Village of Elk Grove Village shall continue to provide paid leave benefits to its employees, as set forth in: 1) the Village's Personnel Rules & Regulations, as amended; and/or 2) the collective bargaining agreements to which the Village is a party. The criteria and parameters for the paid leave delineated in these documents fulfill the Village's obligations under the Paid Leave for All Workers Act 820 ILCS 192/1 et seq. and exceed the requirements of the Act. Section 3: Conflicts with Paid Leave for All Workers Act. That Title 1, Administrative of the Elk Grove Village Code is hereby amended by adding a new Section to read in its entirety as follows: 1-7-10: CONFLICTS WITH PAID LEAVE FOR ALL WORKERS ACT. A. The Village of Elk Grove shall continue to provide paid leave benefits to its represented and non -represented employees as provided in its applicable collective bargaining agreements and Personnel Rules & Regulations as amended; B. In addition, the paid leave benefits contained in the collective bargaining agreements to which the Village is a party and the Personnel Rules & Regulations, in existence and as amended, provide paid sick leave benefits and other paid benefit time that meet and exceed the benefits required under the Paid Leave for All Workers Act 820 ILCS 192/1 et seq; C. No additional obligations regarding paid leave, including, without limitation, any additional obligations adopted by the State of Illinois under the Paid Leave for All Workers Act 820 ILCS 192/1 et seq., shall apply to employees of the Village of Elk Grove Village, Illinois, and the Village opts out of such regulations or requirements; and D. Further, certain employees such as public works employees are not eligible for benefits under 820 ILCS 192/1, et seq., as they are considered "construction" workers under the Paid Leave for All Workers Act. Section 4: Any non -preemptive state statute in conflict hereof with this Ordinance is hereby superseded to the full extent of such conflict according to the exercise of the Home Rule Powers of the Village. Section 5: Application to collective bargaining agreements. Nothing in this ordinance shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with the Village through representatives of their choosing. Section 6: Effect of invalidity; severability. If any section, subdivision, paragraph, sentence, clause, phrase, or other portion of this ordinance is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this ordinance, which remaining portions shall continue in full force and effect. Section 7: Effective date. This Ordinance shall be in full force and effect, after passage, approval, and publication, as required by law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 1411 day of November 2023 APPROVED this 141h day of November 2023 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk PUBLISHED this 171h day of November 2023 in pamphlet form.