The National Federation of Independent Business (NFIB) said a newly introduced Illinois bill, SB 2967, could pile another paid leave mandate on top of existing requirements for small businesses, requiring employers of all sizes to provide up to 40 additional hours of paid leave annually to employees with menstrual health conditions.
“Illinois legislators have filed or reassigned thousands of bills so far this year — many of which could impact small businesses,” NFIB said.
SB 2967, introduced by Sen. Adriane Johnson, would create the Menstrual Health Workplace Equity Act, allowing employees with menstrual health conditions to use up to 40 hours of existing paid leave annually, with the option to request an additional 40 hours or to work remotely.Â
NFIB outlined several key provisions of the bill that it said could affect small businesses.
“The mandate is layered on top of the existing paid-leave requirements of the Paid Leave for All Workers Act,” NFIB said. “Per the legislation, an employer may request up to 24 hours of notice by an employee for foreseeable requests for leave, but an employer shall allow for short-notice requests for leave if an employee has an acute need for the leave. Neither ‘foreseeable’ nor ‘acute’ is defined in the legislation.”
NFIB also pointed to the bill’s enforcement provisions and documentation requirements.
“Employees must have a documented history of a debilitating menstrual health condition, but an employer shall not require an employee to provide a doctor’s note for requests for leave under this Section that are less than three days in duration,” NFIB said. “Violations would be subject to a civil penalty of up to $5,000 per impacted employee. Employees would also be able to file a complaint with the Department of Labor or bring a civil lawsuit against employers.”
The bill’s enforcement would fall under the Illinois Department of Labor, adding a new compliance layer for small business owners already navigating the state’s existing paid leave requirements.
According to NFIB Illinois State Director Noah Finley, “Illinois small businesses have been hit hard by rising electricity prices, soaring health-insurance premiums, workforce shortages, and expensive minimum-wage and paid-leave mandates,” adding that “it’s too expensive to run a small business in this state.”Â
If the bill passes, Illinois would be entering largely uncharted territory. According to The Conversation, Spain is the only EU member state with a menstrual leave law, and while Japan first introduced such leave in 1947, it does not guarantee pay, with only about 30% of Japanese companies offering full or partial salary for it as of 2020.
