(1) Except as otherwise provided, the following minimum terms, and such other minimum terms as may be established by the Enforcement Agency by regulation, shall apply to a work relationship between a domestic worker and a hiring entity or hiring entities.
(2) Meal and Rest Breaks.
(a) The hiring entity shall allow the domestic worker an uninterrupted paid rest-period of not less than ten minutes for each four consecutive hours worked, unless the nature of the work prevents the domestic worker from being relieved of all duties for such period of time, such as some types of child care and caretaker work for a sick, elderly or disabled person. The hiring entity shall pay the domestic worker for the time spent on a rest break at the domestic worker's regular rate of pay.
(b) The hiring entity shall allow an uninterrupted 30-minute meal break after more than five consecutive hours worked. Unless the domestic worker is relieved of all work duties during such 30-minute period, the meal period shall be considered an "on-duty" meal period and shall be paid at the domestic worker's 1386 regular rate of pay.
(.1) An "on-duty" meal period shall be permitted only when the nature of the work prevents a domestic worker from being relieved of all duties and when, by written agreement between the parties, an "on-duty" meal period is agreed to. Such agreement may be revoked by the domestic worker, in writing, at any time.
(c) The hiring entity shall not impede or discourage a domestic worker from taking such meal or rest breaks.
(d) Failure to allow a meal or rest period in accordance with this subsection 9-4503(2) shall entitle the domestic worker to one additional hour of pay at the domestic worker's regular rate of compensation for each workday that the meal or rest period was not provided. Payment of this extra pay shall not excuse non-compliance with this subsection.
(3) Unpaid Leave Time.
(a) Except with respect to work on a casual basis, a domestic worker shall accrue unpaid leave time with respect to a hiring entity pursuant to the rules of Section 9-4104 1387 of the Code ("Accrual of Paid Sick Time") and shall be permitted to utilize such time pursuant to the rules of Section 9-4105 ("Use of Paid Sick Time"). Use of such time shall be counted against accruals whether or not the domestic worker is compensated for such time pursuant to the system established under subsection 9-4503(4) ("Paid Leave Time").
(b) A "live-in" domestic worker shall not be required to work more than six consecutive days for a hiring entity without a 24-hour period of rest, which may be unpaid.
(4) Paid Leave Time.
(a) The following paid leave time requirements shall be effective upon adoption of regulations by the Enforcement Agency establishing a centralized portable benefits system for: recording and dispersing paid leave time earned by domestic workers on an aggregated basis for work performed for multiple hiring entities; collecting funds from hiring entities to pay for such leave time; and developing the infrastructure to administer portable access to such funds for domestic workers who earn such leave time.
(b) Except with respect to work on a casual basis, and any exemptions created as part of the establishment of the portable benefits system, a hiring entity shall be required to pay funds into the portable benefits system based on the hours worked for the hiring entity and such funds will become the compensation for earned paid leave time.
(c) Paid leave time shall be accrued at a rate of 1 hour per 40 hours of work and capped at 40 hours earned in a calendar year. Live-in workers shall accrue time only for on-duty time. Paid leave time shall be calculated and accrued in the same manner as the regular rate of pay for the workweek in which the hiring entity engages the domestic worker for domestic worker services.
(d) All contributions made by hiring entities shall be maintained in a centralized Paid Leave Time account designated for each hiring entity and Domestic Worker that is engaged in domestic worker services. Once a domestic worker meets the required accrual hours for paid leave time as described under subsection 9-4503(4)(c), then the workers' rights shall be deemed as vested for purposes of the Paid Leave Time provision. This will guarantee the domestic worker a right for Paid Leave Time and access to funds accrued and maintained in their designated Paid Leave Time account. The domestic worker retains such rights and access to her account regardless of changes that may occur in the relationship between the Domestic Worker and Hiring Entity that contributed to the Paid Leave Time account.
(e) The Enforcement Agency shall develop the infrastructure that facilitates the creation and the implementation of the Paid Leave Time Account through which hiring entities and domestic workers will have access in order to comply with all the provisions of Paid Leave Time. The infrastructure that is developed by the Enforcement Agency must permit the collection of hiring entity contributions and that allows for the disbursement of the domestic worker vested compensation that is in compliance with the provisions of this Section.
(f) Payment for leave time shall be accessed by the domestic worker based on a demonstration of compensation needed to replace lost regularly-scheduled work time because of: a change in work schedule or cancellation of planned work time by the employer; the need for leave time for any of the reasons for which sick leave may be used under Chapter 9-4100 of the Code ("Promoting Healthy Families and Workplaces"); personal time needed for significant and unexpected personal matters; or any other reason established by Enforcement Agency by regulation.
(5) Agreement Termination.
(a) The hiring entity shall provide a minimum two-week notification period before termination of the workplace relationship, and for "live-in" domestic workers a minimum four-week notification period before termination of the workplace relationship. No notification period is required in connection with termination of work performed on a casual basis for a hiring entity.
(b) The hiring entity may terminate the relationship without complying with the full notification period based on a good-faith belief that the domestic worker has engaged in significant misconduct.
(c) Failure to provide notification as required under this Section shall entitle the domestic worker to severance pay in the amount of the worker's regular hourly rate multiplied by the regular number of hours worked over the period of time during which the required notification was not provided.
(6) Worker Documents and Privacy. No hiring entity shall:
(a) Keep or hold the original copies of any personal documents of a domestic worker.
(b) Monitor or record, through any means, the activities of a domestic worker: (i) using any bathroom or similar facility; (ii) in the private living quarters of a domestic worker; or (iii) while the worker is engaged in any activities associated with dressing or changing clothes.
(c) Monitor, record or interfere with the private communications of a domestic worker.
Notes
| 1386 | Enrolled bill read "workers"; corrected by Code editor. |
| 1387 | Enrolled bill read "Section 4-4104"; reference corrected by Code editor. |