HomeMy WebLinkAboutG48-23 Ordinance No. G48-23
AN ORDINANCE
ADOPTING THE CITY OF ELGIN'S CURRENT PAID LEAVE POLICY AND DECLARING
THE CITY OF ELGIN EXEMPT FROM THE REQUIREMENTS OF THE ILLINOIS PAID
LEAVE FOR ALL WORKERS ACT FOR ALL CITY OF ELGIN EMPLOYEES
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 City of Elgin (the "City") is a home rule unit of government pursuant to
Article VII, Section 6(a)of the Illinois Constitution and,pursuant to the provisions of said Section
6 of Article VII, may exercise any power or perform any function pertaining to its government and
affairs; and
WHEREAS, on or about March 12, 2023, Governor JB Pritzker signed into law the Paid
Leave for All Workers Act, Public Act 102-1143 (820 ILCS 192/1 et seq.) (the "Act"); and
WHEREAS, the State of Illinois did not make the necessary appropriations or include
statutory language exempting the Act from the Illinois State Mandates Act(30 ILCS 805/1 et seq.)
and as such constitutes an unfunded mandate upon the City; and
WHEREAS, the Act does not include any express limitation on the City's home rule
authority as required by Article VII, Section 6 of the Illinois Constitution; and
WHEREAS, effective January 1, 2024, the Act requires an employer to provide certain
paid leave to their employees, unless the employer is subject to an existing municipal or county
ordinance that requires the employer to provide any form of paid leave to their employees; and
WHEREAS, the City recognizes the importance of paid leave and currently provides
reasonable paid leave benefits to its employees; and
WHEREAS, the City has determined that applying the Act to its own employees will
negatively impact the City and place an undue financial and operational burden on the City's
ability to provide uninterrupted services to its residents; and
WHEREAS,the City believes and hereby declares that it is in the best interests of the City
to clearly define the paid leave benefits that City employees shall receive and to opt out of the Act.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, COOK AND KANE COUNTIES, ILLINOIS, AS FOLLOWS:
Section 1. The foregoing recitals shall be and are hereby incorporated as findings of fact as
if said recitals were fully set forth herein.
Section 2. The City hereby adopts its current paid leave policy for all City employees as
set forth in the City's Code of Ordinances, Employee Handbook, Annual Salary Ordinances, any
collective bargaining agreements to which the City is a party and all other binding legislative
actions governing paid leave adopted by the City Council,as the same may be amended from time
to time. However, in no event shall the City,as an employer, provide less than one(1)day of paid
leave per year to any City employee.
Section 3. Pursuant to the City's home rule authority,the City hereby declares that the City,
as an employer,is exempt from the requirements of the Paid Leave for All Workers Act(820 ILCS
192/1 et seq.). The City, as an employer, shall have no additional obligations with regard to
mandatory paid leave, including, without limitation, any obligations provided under the Act,
except those obligations required by federal and/or state law which validly preempt the City's
home rule authority.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed to the extent of any such conflict.
Section 5. If any provision of this ordinance or application thereof to any person or
circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other
provisions or applications of this ordinance that can be given effect without the invalid application
or provision, and each invalid provision or invalid application of this ordinance is severable.
Section 6. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law. ),
AL
David J. Kaptai ', May
Presented: December 20, 2023
Passed: December 20, 2023
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: December 20, 2023 •`4' : ?`f:''
Published: December 20, 2023 .r
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Attest: hei.,(A .
Kimberly Dewis, C erk .if7.0.f; f,r
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