Section 200.260  Collective Bargaining Agreements

a)         Employees covered under a bona fide collective bargaining agreement may negotiate minimum standards of paid leave meeting or exceeding what is required by the Act.

b)         No term or provision of an existing bona fide collective bargaining agreement, in effect on January 1, 2024, shall be affected by the Act. [820 ILCS 192/15] Employers and employees who are parties to such an agreement shall not be subject to this Act until the expiration of that agreement.

c)         For a bona fide collective bargaining agreement that takes effect on or after January 1, 2024, covered employees may waive the requirements of the Act only if the language of the waiver is clear, unambiguous, and explicitly waives the requirements of the Act. [820 ILCS 192/15] In the absence of a clear, unambiguous, and explicit waiver in a collective bargaining agreement taking effect after January 1, 2024, the employer shall be subject to the Act and this Part.

d)         The provisions of this Act do not apply to:

1)         an employee who works in the construction industry and is covered by a bona fide collective bargaining agreement, regardless of whether that collective bargaining agreement is in effect before or after January 1, 2024; [820 ILCS 192/20] or

2)         an employee who works for an employer that provides services nationally and internationally of delivery, pickup, and transportation of parcels, documents, and freights and is covered by a bona fide collective bargaining agreement, regardless of whether that collective bargaining agreement is in effect before or after January 1, 2024. [820 ILCS 192/15]

e)         If an employee works for a State Agency and is covered by a bona fide collective bargaining agreement in effect on July 1, 2024, then nothing in the Act shall affect the validity or change the terms of the agreement applying to the employee.  Employees covered under a bona fide collective bargaining agreement with a State Agency may only waive the requirements of the Act in such agreement under the following conditions:

1)                  If the language of the waiver is clear, unambiguous, and explicitly waives the requirements of the Act; and

2)                  The collective bargaining agreement is in effect after January 1, 2024. [820 ILCS 192/15]