ORDINANCE 23 - 26
AN ORDINANCE ESTABLISHING A PAID LEAVE POLICY PURSUANT TO THE PAID LEAVE FOR ALL ACT IN THE VILLAGE OF SENECA, LASALLE AND GRUNDY COUNTIES, ILLINOIS
WHEREAS, the Illinois Municipal Code, 65 ILCS 5/1-2-1, provides that the corporate authorities of each municipality may pass all ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to municipalities, with such fines or penalties as may be deemed proper; and
WHEREAS, the Village of Seneca is a non-home rule Illinois municipality; and
WHEREAS, on or about March 12, 2023, Governor JB Pritzker signed into law the Paid Leave for All Workers Act (820 ILCS 192/1 et seq.) (the “Act”); and
WHEREAS, effective January 1, 2024, the Act requires an employer to provide certain paid leave to their employees; and
WHEREAS, the Village of Seneca recognizes the importance of paid leave and currently provides reasonable paid leave benefits to its employees; and
WHEREAS, the Village believes and hereby declares that it is in the best interests of the Village to adopt and clearly define the paid leave benefits that the Village employees shall receive consistent with the Act.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF SENECA, LASALLE AND GRUNDY COUNTIES, ILLINOIS, AS FOLLOWS:
Section 1: Defining Paid Leave Time. Paid Leave Time, pursuant to the Act, shall be defined as paid time off for any reason, taken as the employee so desires. Paid Leave Time shall not be considered to be the same as vacation time, personal time or sick time.
Section 2: Earning Paid Leave Time. On and after January 1, 2024, all Village employees shall earn paid leave time at the rate of one hour of paid leave time for every 40 hours worked up to a maximum of 40 hours of paid leave. Paid leave time not used in a calendar year may be carried over to the following year but accrued paid leave time may never exceed 40 hours.
Section 3: Use of Paid Leave Time. Employees may begin to use paid leave time 90 days after beginning employment. Employees working for the Village on January 1, 2024, may begin to use paid leave time on or after March 30, 2024. Paid leave time may be taken in periods of time increments not less than 2 hours.
Employees may take paid leave time for any reason of employee’s choosing. An employee is normally expected to provide seven (7) calendar days advance written notice to their supervisor or to the Village Treasurer identifying that date and time off work and the date and time returning to work. If paid leave time use is not foreseeable, the employee shall provide oral or written notice as soon as is practicable.
Section 4: Paid leave under this this Section will be denied if paid leave is:
(i) Requested after the start of a shift or not in conformance with the notice requirements set forth above,
(ii) Attempted to be used to excuse a no-call, no-show; or
(iii) Based upon the Employer’s reasonable work force requirements.
Section 5: Supervisors. A supervisor shall not request a reason for why an employee desires use of any leave. A supervisor may not require, as a condition of providing paid leave time, a requirement that the employee shall search for or find a replacement worker to cover paid leave time off. A supervisor shall not threaten or take any adverse action against an employee who exercises rights under the PAID LEAVE FOR ALL WORKERS ACT. Use or promotion of paid leave time shall not be a negative factor in any employment action that involves evaluating, promoting, or disciplining an employee.
Section 6: No Payment on Termination. Upon an employee’s employment termination from the village as a result of an employee’s termination, resignation, retirement, or other separation, no compensation is due an employee from the Village for accrued paid leave time not used upon termination.
Section 7: Village Treasurer Record Keeping. The Village Treasurer shall make and preserve records documenting hours worked, paid leave accrued and taken, and the remaining paid leave balance for each employee. Records may be maintained for a period of not less than 3 years.
Section 8: This Ordinance shall amend any previous Ordinances inconsistent herewith.
Section 9: That this Ordinance shall take full force and effect upon its passage, approval, and publication in pamphlet form as provided by law, if any shall be so required.
Aye Nay Absent Abstain
Commissioner Higgins _____ _____ _____ _____
Commissioner Peddicord _____ _____ _____ _____
Commissioner Victor _____ _____ _____ _____
Commissioner Weber _____ _____ _____ _____
Mayor Olson _____ _____ _____ _____
PASSED and APPROVED this _____ day of December, 2023.
________________________
Jeff Olson, Mayor
ATTEST:
________________________________
Jennifer A. Peddicord, Village Clerk
State of Illinois )
) ss CERTIFICATE OF MUNICIPAL CLERK
County of LaSalle )
I, the undersigned, do hereby certify that I am the duly qualified and acting Clerk of the Village of Seneca, the County and State aforesaid, and, as such Clerk, I am the keeper of the records and files of the Corporate Authorities of the Village. I do further certify that the attached and foregoing is a true and correct copy of: AN ORDINANCE ESTABLISHING A PAID LEAVE POLICY PURSUANT TO THE PAID LEAVE FOR ALL ACT IN THE VILLAGE OF SENECA, LASALLE AND GRUNDY COUNTIES, ILLINOIS as passed by the Village Board of Trustees at its regular meeting held on December 19, 2023, and as approved by the Mayor on December 19, 2023.
IN WITNESS WHEREOF I have hereunto affixed my official signature and the corporate seal of the Village of Seneca, Illinois.
_____________________________(SEAL)
Jennifer A. Peddicord, Village Clerk
STATE OF ILLINOIS )
) ss.
COUNTY OF LASALLE )
CERTIFICATE OF PUBLICATION
I, Jennifer A. Peddicord, certify that I am the duly appointed and acting Village Clerk of the Village of Seneca, LaSalle and Grundy Counties, Illinois.
I further certify that on December 19, 2023, the Corporate Authorities of such municipality passed and approved Ordinance No. 23-26, entitled AN ORDINANCE ESTABLISHING A PAID LEAVE POLICY PURSUANT TO THE PAID LEAVE FOR ALL ACT IN THE VILLAGE OF SENECA, LASALLE AND GRUNDY COUNTIES, ILLINOIS which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 23-26, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted at Seneca Village Hall, commencing on December ____, 2023, and continuing for at least 10 days thereafter. Copies of such ordinance were also available for public inspection upon request in the office of the Village Clerk.
Dated at Seneca, Illinois, this ____ day of December, 2023.
____________________________(SEAL)
Jennifer A. Peddicord, Village Clerk