Keep Track of 30 Working Days for Illinois Unemployment Insurance Purposes

March 2010
By: Nancy E. Joerg, Esq.

Many clients ask me: "How many days does an employee need to work for me before my company becomes the chargeable employer for Illinois Unemployment Insurance purposes?"

There is a simple unemployment insurance rule that Illinois employers should be aware of: a company will usually not be "charged" for an ex-employee's unemployment insurance benefits if that ex-employee did not work for the company for at least 30 working days.

This is an extremely simple rule that employers should keep in mind because, if used properly, it is a wonderful way for a company to help keep its unemployment insurance rate down.

Below are some examples to provide guidance on how the Illinois Department of Employment Security (IDES) calculates the 30 working days: 

1. The individual works a shift which begins at 10:00 p.m. on Monday and ends at 7:00 a.m. on Tuesday. While this individual performs services for this employer on two calendar days, for the purpose of determining whether the 30 day requirement has been met, the individual's shift counts as only one day of service (Monday).
2.  The individual begins his shift at Noon but becomes ill fifteen minutes later. Since the individual performed services for the employer for fifteen minutes, one day is counted toward meeting the 30-day requirement.
3. The individual is scheduled to work on a certain day but fails to report for work because he is ill. Even if the employer provides paid sick leave to the individual for that day, it will not be counted toward the 30-day requirement.
4. Upon the permanent layoff of an individual, the employer pays that individual for any unused, accrued vacation time that the individual is due and grants him severance pay in the amount of one day's pay for each year of continuous service. These payments are not included for the purpose of determining whether this employer has met the 30-day requirement.
5. The individual works a four-day work week. That is, instead of working eight hours per day, five days per week, he works ten hours per day, four days per week. Even if the individual's ten-hour shift extends over two calendar days, each shift still counts as only one day, and this individual will have worked only four days in a normal work week.

Overtime work (or working additional shifts) is not included in determining whether the 30-day requirement has been met unless there is at least 6 hours between the beginning of the overtime work (or the additional shift) and the end of the prior shift and the overtime work (or additional shift) does not occur on a day which will otherwise be included in meeting the 30-day requirement. Examples:

1. The individual's normal shift ends at 3:00 a.m., and he is asked to work the next shift which begins at 4:00 a.m. Even if he works both shifts, since there is not at least 6 hours between the shifts, only one day will be counted toward meeting the 30-day requirement.
2. The individual's shift ends at 3:00 a.m. on Saturday, and he is asked to return to work for an additional overtime shift from 9:00 a.m. until 2:00 p.m. He must then return to work at 7:00 p.m. to work his regular shift. This overtime work does not count as an additional day toward meeting the 30-day requirement because his regular shift begins that same day and would already be included in meeting the 30-day requirement.
3. The individual's normal shift begins at 3:00 p.m. and ends at 11:00 p.m. However, he is required to work four hours of overtime every day so that he does not complete his shift until 3:00 a.m. This shift still counts as only one day toward the 30-day requirement.

NOTE: An employer may also become the chargeable employer after less than 30 days if it was the single employer that paid wages to the individual permitting the individual to requalify for benefits after a previous disqualification under Section 601 (voluntary leaving), 602 (misconduct), or 603 (refusal of work). To requalify, the individual must earn an amount equal to or in excess of his current Weekly Benefit Amount in each of four calendar weeks.

Questions about this topic or other management-side labor and employment law issues? Please contact WS Shareholder and Senior Attorney Nancy E Joerg at 630-377-1554, najoerg@wesselssherman.com, or visit our website.

 

Illinois Employers Ask... Can I Require My Employee to Work Seven Days in a Row?!

December 2011
By: Nancy E. Joerg, Esq. 

The brief answer is: yes, sometimes.

Illinois has a very detailed and multi-part law called One Day Rest in Seven Act (820 ILCS 140/1 et seq.).

The One Day Rest in Seven Act requires at least 24 hours of rest for an employee in every calendar week. It is a law intended to give employees a break from the strain of work. A calendar week is defined as seven consecutive 24 hour periods starting at 12:01 a.m. Sunday morning and ending at midnight the following Saturday.

Under this Act, employers may ask the Illinois Department of Labor (IDOL) for a "relaxation" of the law. If the IDOL grants a relaxation to the employer, the IDOL requires a statement from the employer demonstrating that all employees who will be working seven days in a row are in fact volunteers.

In other words, employees cannot be forced into working 7 days in a row.

EXEMPTIONS: This law does not apply to part-time employees whose total work hours for one employer during a calendar week do not exceed 20.

It also does not apply to employees needed in case of breakdown of machinery or equipment or other emergency requiring the immediate services of experienced and competent labor.

Also exempt from this law are employees employed as watchmen or security guards.

The following exempt employees are not guaranteed one day of rest in seven: Employees who are employed in a bonafide executive, administrative, or professional capacity or in the capacity of an outside salesman, as defined in Section 12(a)(1) of the Fair Labor Standards Act, as amended.

VIOLATIONS: Under the One Day Rest in Seven Act, any employer who violates any of the provision of the Act is guilty of a petty offense and is fined for each offense in a sum of not less than $25 nor more that $100. The law is enforced by the IDOL.

A violation of the Act is charged for each employee during each week in which the employee works seven days of the calendar week when no permit authorizing work on the designated day of rest has been granted by the Director.

PERMITS:A permit is required under the Act during any week in which one or more employees, not excluded by the Act, work all seven days of the week.

Fortunately, permits for eight weeks of the year are granted without "justification of necessity."
However, permits in excess of eight weeks in a year shall require justification of necessity as follows:

• A statement that the necessity cannot be remedied by increasing the number of employees or by adjusting work scheduled and
• Business necessity and economic conditions making such a request necessary.

An employer desiring a permit shall submit to the Director of the IDOL ("Director") in written form a request for each permit. Such request shall contain the following:

• A statement that all employees involved are truly volunteers.
• The anticipated number and skills of said volunteer employees.
• Number of days covered by the permit including inclusive dates and hourly times starting on Sunday.
• A statement that no person possessing skills in subsection (b) above is laid off.

Telephone requests to the Director shall be honored; however, the employer shall within two working days of the telephone call forward to the Director a letter consistent with the requirements in Section 220.300.

Employers shall retain for two years (and make available to the Director upon request) letters and related correspondence granting permits.

CONCLUSION: There are other provisions and exemptions under this detailed law, so check the entire One Day Rest in Seven Act before making any decisions under it. The entire Act and Administrative Rules can be found on the IDOL website: http://www.illinois.gov/idol/Laws-Rules/FLS/Pages/ODRISA.aspx

Questions about this topic or other management-side labor and employment law issues? Please contact WS Shareholder and Senior Attorney Nancy E Joerg at 630-377-1554, najoerg@wesselssherman.com, or visit our website.

 

 

Connecticut Becomes First State in the U.S. to Enact Paid Sick Leave!

August 2011
By: Nancy E. Joerg, Esq.

On July 1, 2011, Connecticut Governor Dannel Malloy signed legislation that will require employers in Connecticut to provide certain specified service workers with paid sick leave. This new law will apply to employers with 50 or more employees. Connecticut thus becomes the very first state in the U.S. to enact such a legislative measure.

This mandated paid sick leave will accrue at the rate of one hour per 40 hours worked. It applies to service workers who are paid by the hour (and are not exempt from the minimum wage and overtime legal requirements of the federal Fair Labor Standards Act).

Under this unique new law, service workers will be able to begin accruing paid sick leave on January 1, 2012. Eligible employees must have worked for the employer for at least 680 hours and an average of at least 10 hours per week in the most recent calendar quarter.

This new law only applies to those who work in an occupation covered by one of the 68 federal standard occupation classification titles named in the law. Some types of service workers covered by this new law are: social workers, librarians, pharmacists, nurse midwives, home health aides, nursing aides, dental assistants, security guards, bartenders, hairdressers, couriers and messengers, butchers and ambulance drivers.

Paid sick leave can be used for reasons related to family violence or sexual assault as well as for the worker's illness, injury or related treatment or care for the worker's child or spouse. Workers who feel they are not being treated properly per the law may file a complaint with the Connecticut State Labor Commissioner.

There is also an interesting provision in which an employer may take disciplinary action against a service worker covered under the law who uses paid sick leave for purposes other than those described in the law.

As a result, Connecticut employers now have another posting requirement whereby each employer subject to the law must notify the employee at the time of hiring of the employee's protections and legal rights to paid sick leave.

There is, of course, speculation that other states will follow in the footsteps of Connecticut.

Questions about this topic or other management-side labor and employment law issues? Please contact WS Shareholder and Senior Attorney Nancy E Joerg at 630-377-1554, najoerg@wesselssherman.com, or visit our website.