Illinois General Assembly - Full Text of HB4038
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Full Text of HB4038  102nd General Assembly

HB4038 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4038

 

Introduced 3/11/2021, by Rep. LaToya Greenwood

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 191/5
820 ILCS 191/10

    Amends the Employee Sick Leave Act. Provides that personal care of a parent, mother-in-law, father-in-law, grandparent, or stepparent is a permissible use of personal sick leave benefits.


LRB102 10045 JLS 15365 b

 

 

A BILL FOR

 

HB4038LRB102 10045 JLS 15365 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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    "Personal sick leave benefits" means any paid or unpaid
10time available to an employee as provided through an
11employment benefit plan or paid time off policy to be used as a
12result of absence from work due to personal illness, injury,
13or medical appointment or for the personal care of a parent,
14mother-in-law, father-in-law, grandparent, or stepparent. An
15employment benefit plan or paid time off policy does not
16include long term disability, short term disability, an
17insurance policy, or other comparable benefit plan or policy.
18(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)
 
19    (820 ILCS 191/10)
20    Sec. 10. Use of leave; limitations.
21    (a) An employee may use personal sick leave benefits
22provided by the employer for absences due to an illness,

 

 

HB4038- 2 -LRB102 10045 JLS 15365 b

1injury, or medical appointment of the employee's child,
2stepchild, spouse, domestic partner, sibling, parent,
3mother-in-law, father-in-law, grandchild, grandparent, or
4stepparent, or for the personal care of a parent,
5mother-in-law, father-in-law, grandparent, or stepparent on
6the same terms upon which the employee is able to use personal
7sick leave benefits for the employee's own illness or injury.
8An employer may request written verification of the employee's
9absence from a health care professional if such verification
10is required under the employer's employment benefit plan or
11paid time off policy.
12    (b) An employer may limit the use of personal sick leave
13benefits provided by the employer for absences due to an
14illness, injury, or medical appointment of the employee's
15child, stepchild, spouse, domestic partner, sibling, parent,
16mother-in-law, father-in-law, grandchild, grandparent, or
17stepparent to an amount not less than the personal sick leave
18that would be earned or accrued during 6 months at the
19employee's then current rate of entitlement. For employers who
20base personal sick leave benefits on an employee's years of
21service instead of annual or monthly accrual, such employer
22may limit the amount of sick leave to be used under this Act to
23half of the employee's maximum annual grant.
24    (c) An employer who provides personal sick leave benefits
25or a paid time off policy that would otherwise provide
26benefits as required under subsections (a) and (b) shall not

 

 

HB4038- 3 -LRB102 10045 JLS 15365 b

1be required to modify such benefits.
2(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)