SB2691 103RD GENERAL ASSEMBLY

LRB103 35000 SPS 64914 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2691

Introduced 1/10/2024, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

820 ILCS 191/10
820 ILCS 191/20

Amends the Employee Sick Leave Act. Provides that an employer may limit the use of personal sick leave benefits provided by the employer for absences due to an illness, injury, medical appointment, or personal care of the employee's covered family member to an amount not less than the personal sick leave that would be earned or accrued during 9 months (rather than 6 months) at the employee's then current rate of entitlement. Provides that, for employers who base personal sick leave benefits on an employee's years of service instead of annual or monthly accrual, such employer may limit the amount of sick leave to be used under this Act to three-fourths of the employee's maximum annual grant (rather than half of the employee's maximum annual grant). Provides that an employer may not require an employee to provide advance notice of his or her use of personal sick leave benefits. Makes a corresponding change.

A BILL FOR

AN ACT concerning employment.

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

Section 5. The Employee Sick Leave Act is amended by changing Sections 10 and 20 as follows:

(820 ILCS 191/10)

Sec. 10. Use of leave; limitations.

(a) An employee may use personal sick leave benefits provided by the employer for absences due to an illness, injury, or medical appointment of the employee's child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, or for personal care of a covered family member on the same terms upon which the employee is able to use personal sick leave benefits for the employee's own illness or injury. An employer may request written verification of the employee's absence from a health care professional if such verification is required under the employer's employment benefit plan or paid time off policy.

(b) An employer may limit the use of personal sick leave benefits provided by the employer for absences due to an illness, injury, medical appointment, or personal care of the employee's covered family member to an amount not less than the personal sick leave that would be earned or accrued during 9 6 months at the employee's then current rate of entitlement. For employers who base personal sick leave benefits on an employee's years of service instead of annual or monthly accrual, such employer may limit the amount of sick leave to be used under this Act to three-fourths half of the employee's maximum annual grant.

(c) An employer who provides personal sick leave benefits or a paid time off policy that would otherwise provide benefits as required under subsections (a) and (b) shall not be required to modify such benefits.

(d) An employer may not require an employee to provide advance notice of his or her use of personal sick leave benefits.

(Source: P.A. 102-4, eff. 4-27-21.)

(820 ILCS 191/20)

Sec. 20. Retaliation prohibited. An employer shall not deny an employee the right to use personal sick leave benefits in accordance with this Act or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using personal sick leave benefits with or without advance notice, attempting to exercise the right to use personal sick leave benefits, filing a complaint with the Illinois Department of Labor or alleging a violation of this Act, cooperating in an investigation or prosecution of an alleged violation of this Act, or opposing any policy or practice or act that is prohibited by this Act. Nothing in this Section prohibits an employer from applying the terms and conditions set forth in the employment benefit plan or paid time off policy applicable to personal sick leave benefits.

(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)