HomeMy WebLinkAbout113-O-23 Codifying the City’s Paid Leave Policies for City Employees11/27/2023
113-O-23
AN ORDINANCE
Codifying the City’s Paid Leave Policies for City 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 Evanston (“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 (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
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
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WHEREAS, the City recognizes the importance of paid leave and
currently provides reasonable paid leave benefits to its employees that exceed the paid
leave required by the Act; 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The City has four union contracts that identify paid leave for
union employees and all four contracts, IAFF, FOP Patrol, FOP Sergeants and
ASFCME, are attached as if adopted herein are attached hereto as Exhibits A, B, C and
D respectively.
SECTION 2: All non-union non-seasonal employees are provided paid
leave as detailed in the City’s Employee Handbook, Section 8, as if adopted herein is
attached hereto as Exhibit E.
SECTION 3: All seasonal employees are hereby given one paid floating
holiday per yearly quarter worked.
SECTION 4: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
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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: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 7: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced: _________________, 2023
Adopted: ___________________, 2023
Approved:
__________________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Alexandra B. Ruggie, Interim Corporation Counsel
November 27
December 11
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December 14
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EXHIBIT A
IAFF UNION CONTRACT
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EXHIBIT B
FOP PATROL UNION CONTRACT
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EXHIBIT C
FOP SERGEANTS UNION CONTRACT
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EXHIBIT D
ASFCME UNION CONTRACT
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EXHIBIT E
CITY OF EVANSTON EMPLOYEE HANDBOOK, SECTION 8
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