Illinois § 5

§ 5.

Definitions. As used in this Act: (a) "Affected employees" means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer. (b) "Employment loss" means: (1) an employment termination, other than a discharge for cause, voluntary departure, or retirement; (2) a layoff exceeding 6 months; or (3) a reduction in hours of work of more than 50% during each month of any 6-month period. "Employment loss" does not include instances when the plant closing or layoff is the result of the relocation or consolidation of part or all of the employer's business and, before the closing or layoff, the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance with no more than a 6-month break in employment, or the employer offers to transfer the employee to any other site of employment, regardless of distance, with no more than a 6-month break in employment, and the employee accepts within 30 days of the offer or of the closing or layoff, whichever is later. (c) "Employer" means any business enterprise that employs: (1) 75 or more employees, excluding part-time employees; or (2) 75 or more employees who in the aggregate work at least 4,000 hours per week (exclusive of hours of overtime). (d) "Mass layoff" means a reduction in force which: (1) is not the result of a plant closing; and (2) results in an employment loss at the single site of employment during any 30-day period for: (A) at least 33% of the employees (excluding any part-time employees) and at least 25 employees (excluding any part-time employees); or (B) at least 250 employees (excluding any part-time employees). (e) "Part-time employee" means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required. (f) "Plant closing" means the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees excluding any part-time employees. (g) "Representative" means an exclusive representative of employees within the meaning of Section 9(a) or 8(f) of the National Labor Relations Act (29 U.S.C. 159(a), 158(f)) or Section 2 of the Railway Labor Act (45 U.S.C. 152). (Source: P.A. 93-915, eff. 1-1-05.)