Rep. LaToya Greenwood

Filed: 3/16/2021

 

 


 

 


 
10200HB4038ham001LRB102 10045 JLS 23541 a

1
AMENDMENT TO HOUSE BILL 4038

2    AMENDMENT NO. ______. Amend House Bill 4038 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Employee Sick Leave Act is amended by
5changing Sections 5 and 10 as follows:
 
6    (820 ILCS 191/5)
7    Sec. 5. Definitions. In this Act:
8    "Department" means the Department of Labor.
9    "Covered family member" means an employee's child,
10stepchild, spouse, domestic partner, sibling, parent,
11mother-in-law, father-in-law, grandchild, grandparent, or
12stepparent.
13    "Personal care" means activities to ensure that a covered
14family member's basic medical, hygienic, nutritional, or
15safety needs are met or to provide transportation to medical
16appointments for a covered family member who is unable to meet

 

 

10200HB4038ham001- 2 -LRB102 10045 JLS 23541 a

1those needs alone. "Personal care" also means being physically
2present to provide emotional support to a covered family
3member with a serious health condition who is receiving
4inpatient or home care.
5    "Personal sick leave benefits" means any paid or unpaid
6time available to an employee as provided through an
7employment benefit plan or paid time off policy to be used as a
8result of absence from work due to personal illness, injury,
9or medical appointment. An employment benefit plan or paid
10time off policy does not include long term disability, short
11term disability, an insurance policy, or other comparable
12benefit plan or policy.
13(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)
 
14    (820 ILCS 191/10)
15    Sec. 10. Use of leave; limitations.
16    (a) An employee may use personal sick leave benefits
17provided by the employer for absences due to an illness,
18injury, or medical appointment of a covered family member or
19for the personal care of a covered family member the
20employee's child, stepchild, spouse, domestic partner,
21sibling, parent, mother-in-law, father-in-law, grandchild,
22grandparent, or stepparent, on the same terms upon which the
23employee is able to use personal sick leave benefits for the
24employee's own illness or injury. An employer may request
25written verification of the employee's absence from a health

 

 

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1care professional if such verification is required under the
2employer's employment benefit plan or paid time off policy.
3    (b) An employer may limit the use of personal sick leave
4benefits provided by the employer for absences due to an
5illness, injury, or medical appointment, or personal care of a
6covered family member of the employee's child, stepchild,
7spouse, domestic partner, sibling, parent, mother-in-law,
8father-in-law, grandchild, grandparent, or stepparent to an
9amount not less than the personal sick leave that would be
10earned or accrued during 6 months at the employee's then
11current rate of entitlement. For employers who base personal
12sick leave benefits on an employee's years of service instead
13of annual or monthly accrual, such employer may limit the
14amount of sick leave to be used under this Act to half of the
15employee's maximum annual grant.
16    (c) An employer who provides personal sick leave benefits
17or a paid time off policy that would otherwise provide
18benefits as required under subsections (a) and (b) shall not
19be required to modify such benefits.
20(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)".