Illinois Legalizes Civil Unions

February 16th, 2011 Posted by Jolie

Employers in Illinois will have to provide many to same-sex under the state that legalizes civil unions. The allows any two people to enter into a that is legally recognized by the state as entailing the same responsibilities, benefits and protections as marriage. An 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 goes into effect. On that date, employers must provide the same benefits to the partner of an employee in a civil union, as the provides to spouses of married employees. In particular, an who provides group 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 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 Jolie

Beginning 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 or employee, and from asking about credit history, although the includes a number of loopholes that will apply to many exempt management employees.

 

Employees or applicants can sue an 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…)

3 New Illinois Laws

October 9th, 2009 Posted by Amelia

Governor Pat Quinn recently signed three employment bills into . The laws address wage discrimination at the state level, and increase the rights of victims of domestic abuse.

 

Expanded Leave Rights

Every Illinois needs to be aware of an amendment to the Illinois Victims Economic Security and Safety Act. The new law requires employers to 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 -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 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 Madison

Illinois 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 . The bill amends the 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 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 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 law. 

 

The current law replaced a less-restrictive Illinois smoking ban (more…)

A state that permits parents to keep sons and daughters (and other ) on their until age 26 will affect many Illinois employers. The law also permits parents to 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 .

 

Governor Rod Blagojevich used his amendatory veto to interject the changes into a , House Bill 5285. The original bill allows (more…)

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