SB0119eng 95TH GENERAL ASSEMBLY

SB0119 Engrossed LRB095 03858 JAM 23889 b

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Sick Leave Bank Act is amended by changing Section 10 as follows:

(5 ILCS 400/10) (from Ch. 127, par. 4260)

Sec. 10. Administration of Act. The Department shall establish a plan allowing participating employees in each Agency to bank a designated amount or portion of their accrued sick leave in a sick leave bank to be used by any person participating employee in the Agency who has exhausted his or her accrued vacation time, personal days, sick leave and compensatory time; provided that the person using the deposited sick leave is (i) a participating employee of the same Agency as the participating employee who deposited the sick leave or (ii) a participating employee in a different Agency's sick leave bank who is married to the participating employee who deposited the sick leave. The Department shall promulgate rules governing the operation of the plan subject, however, to the following restrictions and limitations:

(a) Participation in the sick leave bank shall, at all times, be voluntary on the part of any employee.

(b) A participating employee may deposit into the sick leave bank as much accrued sick leave as desired provided that the participating employee shall retain in his or her own account at least 5 sick days.

(c) Any sick leave in the sick leave bank used by a participating employee shall be only for that employee's personal catastrophic illness or injury; provided that it may be used for the catastrophic illness or injury of the employee's minor child if the employee is married to the participating employee who deposited the sick leave.

(d) A participating employee shall not use sick leave accumulated in the sick leave bank until all of his or her accrued vacation time, personal days, sick leave and compensatory time have been used.

(e) Injuries and illnesses that are compensable under the Workers' Compensation Act or Workers' Occupational Diseases Act shall not be eligible for sick leave bank use.

(f) Participating employees who transfer from one Agency to another may transfer their participation in the sick leave bank.

(g) An employee who cancels his or her participation in the sick leave bank shall not be eligible to withdraw the sick leave time he or she has contributed to the pool.

(g-5) A participating employee may designate his or her deposited sick leave for use only by his or her spouse who is a participating employee of the same or a different Agency. If a participating employee withdraws sick leave from his or her spouse's sick leave bank in a different Agency, the withdrawal may not exceed the amount of leave the spouse designates and deposits for that use.

(h) Any abuse of the use of the sick leave bank shall be investigated by the Agency and the Department and upon a finding of wrongdoing on the part of a participating employee, that employee shall repay all sick leave days drawn from the sick leave bank and shall be subject to other disciplinary action.

(i) Provisions for appeal of adverse decisions affecting a participating employee's use of the sick leave bank shall be made by rule adopted by the Department.

(j) Accumulation of sick leave in the sick leave bank shall be on an Agency by Agency basis but procedures adopted by rule for the operation of the sick leave bank shall be uniform among all Agencies.

(k) Upon termination, retirement, or death, neither a participating employee nor the participating employee's estate shall be entitled to payment for unused sick leave acquired from the sick leave bank.

(Source: P.A. 92-317, eff. 8-9-01.)