Illinois Legalizes Civil Unions
February 16th, 2011 Posted by JolieEmployers in Illinois will have to provide many benefits to same-sex partners under the new state law that legalizes civil unions. The law allows any two people to enter into a civil union that is legally recognized by the state as entailing the same responsibilities, benefits and protections as marriage. An Illinois civil union can be between a man and a woman, or between two people of the same sex.
The Illinois Religious Freedom Protection and Civil Union Act was signed into law by Governor Pat Quinn on January 31, 2011.
In practical terms, employers will need to provide many benefits to straight, gay or lesbian partners in a civil union beginning on June 1, 2011, when the Illinois civil union law goes into effect. On that date, employers must provide the same benefits to the partner of an employee in a civil union, as the employer provides to spouses of married employees. In particular, an employer who provides group health insurance coverage from an outside company, must provide the same coverage at the same price for employees in a civil union, as for married employees.
There are two notable exceptions to coverage under the law, according to attorney Theresa Essig with Fischer & Phillips law firm. First, an employer who is self-insured need not provide coverage to civil union partners, even if they provide coverage to spouses. Second, the law specifically allows religious organizations to make their own decisions about which dependents to cover.
Any other benefits provided to employees under state law, such as paid vacations and sick leave, will have to treat married spouses and partners in civil unions the same.
Ms. Essig adds that final regulations have not yet been written, so there may be changes in these policies. Her assessment is based on the impact of similar legislation in other states. Currently gay and lesbian couples are allowed to marry (more…)
Illinois Limits Credit Checks by Employers
December 15th, 2010 Posted by JolieBeginning on January 1, 2011, Illinois employers will be limited in performing credit checks on employees and applicants. On that date, the Employee Privacy Act goes into effect. Hawaii and Oregon also have laws that limit the use of credit reports in background checks, while other states are considering them.
The new credit check law prohibits employers from ordering a credit report on an applicant or employee, and from asking about credit history, although the law includes a number of loopholes that will apply to many exempt management employees.
Employees or applicants can sue an employer who violates the law, and may be awarded damages, relief, court costs and attorney’s fees.
An employer can still perform credit checks on an applicant or a current employee if the business can establish that good credit is a bona fide job qualification. In order to do so, the individual must involve one or more of the following: (more…)
Tags: 2011, applicant, credit check, employer, Illinois, law
3 New Illinois Laws
October 9th, 2009 Posted by AmeliaIllinois Governor Pat Quinn recently signed three new employment bills into law. The laws address wage discrimination at the state level, and increase the rights of victims of domestic abuse.
Expanded Leave Rights
Every Illinois employer needs to be aware of an amendment to the Illinois Victims Economic Security and Safety Act. The new law requires employers to extend unpaid, job-protected leave to victims of domestic violence or sexual violence.
Under the new law, effective August 24, 2009, employers with 50 or more workers must provide up to 12 weeks of FMLA-type leave to employees who are victims of rape, sexual assault or another type of sexual violence. The law requires employers with 15 to 49 employees to provide 8 weeks of unpaid leave.
Employers must also extend the same benefits to victims of domestic violence of any kind.
This new law is notable because Illinois has no family leave law at the state level – so this is the state’s first intrusion into expanding FMLA to smaller employers. Currently, there is no Illinois law that requires an employer with 15 to 49 workers to provide leave for any reasons other than sexual violence or domestic violence.
New Illinois Discrimination Law
Under a new Illinois discrimination law, victims of stalkers, domestic violence and other crimes are protected from employment discrimination. The amendment to the Illinois Human Rights Act prohibits the employer from discriminating against an employee who is protected by an order of protection or a similar order issued in anther state.
Under the law, which goes into effect on January 1, 2010, the employer cannot make employment decisions based entirely or in part on whether a worker is shielded by an order of protection. For example, the employer could not refuse to hire Jane, a teacher, simply because she has an order of protection against her ex-husband Ted. (more…)
New Illinois Nonsmoking Regulations
May 25th, 2009 Posted by MadisonIllinois employers can now relax — they will not face criminal charges if an employee or customer smokes on the premises.
Governor Pat Quinn signed Public Act 95-1029 into law. The bill amends the Smoke-Free Illinois act by specifying that violators will face civil – not criminal –charges. While the penalties will still include fines, they will not include jail time.
The Smoke-free Illinois Act requires that every employer post signs prohibiting smoking within 15 feet of any doors. It also prohibits smoking in all workplaces, including bars, restaurants, schools, theaters and casinos.
The Illinois non-smoking law defines smoking as carrying a lit cigarette, pipe, cigar or any other smoking material or implement. In addition, smoking, burning, inhaling and exhaling are also defined as smoking. The law specifically prohibits herbs and weeds as well as tobacco.
Smoking is prohibited 15 feet from any windows that open or ventilation intakes that serve an indoor workplace under the new law.
The current law replaced a less-restrictive Illinois smoking ban (more…)
Illinois Extends Dependent Coverage for Group Health Insurance
September 22nd, 2008 Posted by JolieA new state law that permits parents to keep sons and daughters (and other dependents) on their health insurance until age 26 will affect many Illinois employers. The law also permits parents to extend coverage for dependents who are veterans until age 30.
This new law goes into effect on June 1, 2009. Families will have 90 days after their policy is renewed, to add the dependent to an existing policy. Each year thereafter, parents will be able to enroll dependents during the normal open enrollment period.
Illinois Governor Rod Blagojevich used his amendatory veto to interject the changes into a health care bill, House Bill 5285. The original bill allows (more…)
Tags: 2008, 2009, affordable health insurance, affordable health insurance coverage, catastrophic accident, chronic illness, dependants, dependents, everyday care, extend, Governor Blagojevich, governor rod blagojevich, health care bill, health care coverage, health insurance, health plans, Illinois, illinois employers, illinois governor, illinoisans, law, new, open enrollment period, peace of mind, young adults, young person
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AUTHORS
- Adrianne Dunne
- Alexandra Waldron
- Amelia Figueroa
- Ashley Crawford
- Bethany Stroh
- Cara Lawrence
- Christine Carter
- Derrick Lange
- Emily Richardson
- Hannah Dixon
- Heather Connors
- Jane Morgan
- Jared Franklin
- John Bellamy
- Jolie Beckett
- Justine Murchie
- Karen Husson
- Kimberly Matthews
- Lindsay Ross
- Madison Thomas
- Marilyn Walters
- Mark Hathaway
- Nicole Andrade
- Rachel Maguire
- Sarah Fitzgerald
- Savannah Case
- Susan Symthe

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