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SB2889 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2889

Introduced 1/16/2026, by Sen. Dale Fowler

SYNOPSIS AS INTRODUCED:

820 ILCS 192/10

Amends the Paid Leave for All Workers Act. Provides that the
definition of "employee" does not include a worker participating in the
H-2A temporary agricultural program. Effective immediately.
LRB104 18603 SPS 32046 b

A BILL FOR

SB2889
LRB104 18603 SPS 32046 b
1

AN ACT concerning employment.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Paid Leave for All Workers Act is amended by
5
changing Section 10 as follows:

6

(820 ILCS 192/10)
7

Sec. 10.
Definitions.
As used in this Act:
8

"Construction industry" means any constructing, altering,
9
reconstructing, repairing, rehabilitating, refinishing,
10
refurbishing, remodeling, remediating, renovating, custom
11
fabricating, maintenance, landscaping, improving, wrecking,
12
painting, decorating, demolishing, or adding to or subtracting
13
from any building, structure, highway, roadway, street,
14
bridge, alley, sewer, ditch, sewage disposal plant,
15
waterworks, parking facility, railroad, excavation or other
16
structure, project, development, real property, or
17
improvement, or to do any part thereof, whether or not the
18
performance of the work herein described involves the addition
19
to or fabrication into, any structure, project, development,
20
real property, or improvement herein described of any material
21
or article of merchandise.
22

"Construction industry" also includes moving construction
23
related materials on the job site or to or from the job site,

SB2889
- 2 -
LRB104 18603 SPS 32046 b
1
snow plowing, snow removal, and refuse collection.
2

"Department" means the Illinois Department of Labor.
3

"Domestic work" and "domestic worker" have the same
4
meanings as defined in Section 10 of the Domestic Workers'
5
Bill of Rights Act, except that "domestic worker" also
6
includes independent contractors, sole proprietors, and
7
partnerships.
8

"Employee" has the same application and meaning as that
9
provided in Sections 1 and 2 of the Illinois Wage Payment and
10
Collection Act. "Employee" also includes all domestic workers,
11
and, for the purposes of this Act, domestic workers shall not
12
be excluded as employees under the provisions of item (1),
13
(2), or (3) of Section 2 of the Illinois Wage Payment and
14
Collection Act. "Employee" does not include:
15

(1) an employee as defined in the federal Railroad
16

Unemployment Insurance Act (45 U.S.C. 351 et seq.) or the
17

Railway Labor Act;
18

(2) a student enrolled in and regularly attending
19

classes in a college or university that is also the
20

student's employer, and who is employed on a temporary
21

basis at less than full time at the college or university,
22

but this exclusion applies only to work performed for that
23

college or university;
or
24

(3) a short-term employee who is employed by an
25

institution of higher education for less than 2
26

consecutive calendar quarters during a calendar year and

SB2889
- 3 -
LRB104 18603 SPS 32046 b
1

who does not have a reasonable expectation that they will
2

be rehired by the same employer of the same service in a
3

subsequent calendar year
; or

.

4

(4) a worker participating in the H-2A temporary
5

agricultural program.

6

"Employer" has the same application and meaning as that
7
provided in Sections 1 and 2 of the Illinois Wage Payment and
8
Collection Act, except that for purposes of this Act,
9
"employer" also means the State and units of local government,
10
any political subdivision of the State or units of local
11
government, or any State or local government agency.
12

"Employer" does not include school districts organized
13
under the School Code or park districts organized under the
14
Park District Code.
15

"Writing" or "written" means a printed or printable
16
communication in physical or electronic format, including a
17
communication that is transmitted through electronic mail,
18
text message, or a computer system or is otherwise sent or
19
stored electronically.
20
(Source: P.A. 102-1143, eff. 1-1-24
.)

21

Section 99.
Effective date.
This Act takes effect upon
22
becoming law.

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