Illinois Enacts Child Bereavement Leave Act

Law Applicable to Certain Large Employers

A new law in Illinois allows certain employees to take child bereavement leave. Highlights of the law are presented below.

Coverage
The law covers (among other entities) employers with 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.

Employees are generally covered if they:

  • Work for a covered employer;
  • Have worked at least 1,250 hours during the 12 months prior to the start of leave;
  • Work at a location where the employer has 50 or more employees within 75 miles; and
  • Have worked for the employer for at least 12 months (not required to be consecutive).

State Bereavement Leave
Covered employees are entitled to use a maximum of 2 weeks (10 work days) of unpaid bereavement leave to:

  • Attend the funeral (or alternative to a funeral) of a child;
  • Make arrangements necessitated by the child’s death; or
  • Grieve the child’s death.

Bereavement leave under the provisions above must be completed within 60 days after the date on which the employee receives notice of the child’s death.

Note: “Child” means an employee’s son or daughter who is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis.

Notice
An employee must provide the employer with at least 48 hours’ advance notice of the employee’s intention to take bereavement leave, unless providing such notice is not reasonable and practicable.

The law is effective as of July 29, 2016. The text of the law features additional provisions affecting employers and employees.

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Child Labor in the District of Columbia (DC)

Both state and federal law restrict the employment of minors. When state youth employment laws differ from the federal provisions, an employer must comply with the higher standard. State child labor standards are presented below.

Minimum Wage

Individuals under the age of 18 may be paid the minimum wage established by the federal government.

Marion S. Barry Summer Youth Employment Expansion Amendment Act

The District of Columbia recently amended the Youth Employment Act to authorize the mayor to provide employment or work-readiness training for participants 14 through 24 years of age (prior to this law, only youths aged 14 to 21 were eligible to participate).

Specifically, the law provides that the mayor must establish and implement (subject to the annual appropriation of funds) a summer youth jobs program to provide for the employment or training each summer of 10,000 to 21,000 youth. Youth must be 14 through 21 years of age on the date of enrollment in the program; provided, that forFiscal Year 2016 and Fiscal Year 2017, the program may provide for the employment or training each summer of no more than 1,000 youth22 through 24 years of age on the date of enrollment in the program.

Individuals involved in the program must be paid at the following rates:

  • Youth 14 or 15 years of age at the date of enrollment must receive an hourly work readiness training rate of at least $5.25.
  • Youth 16 through 21 years of age at the date of enrollment must be compensated at an hourly rate of $8.25.
  • Youth 22 through 24 years of age at the date of enrollment must be compensated at no less than the District’s minimum wage, or the federal minimum wage plus $1 (if the federal minimum wage is greater than the DC minimum hourly wage).

These provisions are effective as of May 12, 2016. Click here to read the text of the law.

Restrictions on Time & Hours Worked

Minors under 18 are generally prohibited from working:

  • More than 6 consecutive days in any 1 week;
  • More than 48 hours in any 1 week; or
  • More than 8 hours in any 1 day.

Note: Certain minors in agricultural work, housework, or in the distribution or sale of newspapers are exempt from these requirements. Different requirements may apply to minors employed in certain live performances or minors employed stuffing newspapers.

Minors 16 and 17 Years Old

  • Minors 16 or 17 years of age may not be employed, permitted, or suffered to work before 6:00 a.m. or after 10:00 p.m.

Minors Under 16

  • Minors under 16 years of age may not be employed, permitted, or suffered to work before 7:00 a.m. or after 7:00 p.m., except during the summer (June 1 through Labor Day) when such minors may work until 9:00 p.m.

For More Information

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

 

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NYC: Local Law Grants Caregivers Protections Under Nondiscrimination Law

Legislation Effective May 4, 2016

Under a new local law, the New York City Human Rights Law (NYCHRL) prohibits employment discrimination based on an individual’s actual or perceived status as a caregiver. Under the NYCHRL, employers with 4 or more employees are prohibited from discriminating against individuals on the basis of age, race, creed, color, national origin, gender, disability, pregnancy, or marital status, among other protected classes.

Under the local law, “caregiver” means a person who provides direct and ongoing care for a minor child or a care recipient.

A “care recipient” is a person with a disability who:

  • Is a covered relative, or a person who resides in the caregiver’s household; and
  • Relies on the caregiver for medical care or to meet the needs of daily living.

The local law contains additional definitions, and takes effect May 4, 2016.

Click here to read the text of the local law.

HR360 Editorial Team http://www.hr360.com