Full Text of SB2799 99th General Assembly
SB2799ham002 99TH GENERAL ASSEMBLY | Rep. Peter Breen Filed: 1/9/2017
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| 1 | | AMENDMENT TO SENATE BILL 2799
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2799, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Employee Sick Leave Act is amended by | 6 | | changing Sections 5, 10, 20, and 25 and by adding Section 21 as | 7 | | follows: | 8 | | (820 ILCS 191/5)
| 9 | | Sec. 5. Definitions. In this Act: | 10 | | "Department" means the Department of Labor. | 11 | | "Personal sick leave benefits" means any paid or unpaid | 12 | | time accrued and available to an employee as provided through | 13 | | an employment benefit plan or paid time off policy to be used | 14 | | as a result of absence from work due to personal illness, | 15 | | injury, or medical appointment . An employment benefit plan or | 16 | | paid time off policy does not include long term disability, |
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| 1 | | short term disability, an insurance policy, or other comparable | 2 | | benefit plan or policy. , but does not include absences from | 3 | | work for which compensation is provided through an employer's | 4 | | plan.
| 5 | | (Source: P.A. 99-841, eff. 1-1-17 .) | 6 | | (820 ILCS 191/10)
| 7 | | Sec. 10. Use of leave; limitations. | 8 | | (a) An employee may use personal sick leave benefits | 9 | | provided by the employer for absences due to an illness, | 10 | | injury, or medical appointment of the employee's child, | 11 | | stepchild, spouse, domestic partner, sibling, parent, | 12 | | mother-in-law, father-in-law, grandchild, grandparent, or | 13 | | stepparent, for reasonable periods of time as the employee's | 14 | | attendance may be necessary, on the same terms upon which the | 15 | | employee is able to use personal sick leave benefits for the | 16 | | employee's own illness or injury. An employer may request | 17 | | written verification of the employee's absence from a health | 18 | | care professional if such verification is required under the | 19 | | employer's employment benefit plan or paid time off policy. | 20 | | (b) An employer may limit the use of personal sick leave | 21 | | benefits provided by the employer for absences due to an | 22 | | illness, injury, or medical appointment of the employee's | 23 | | child, stepchild, spouse, domestic partner, sibling, parent, | 24 | | mother-in-law, father-in-law, grandchild, grandparent, or | 25 | | stepparent to an amount not less than the personal sick leave |
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| 1 | | that would be earned or accrued during 6 months at the | 2 | | employee's then current rate of entitlement. For employers who | 3 | | base personal sick leave benefits on an employee's years of | 4 | | service instead of annual or monthly accrual, such employer may | 5 | | limit the amount of sick leave to be used under this Act to | 6 | | half of the employee's maximum annual grant. | 7 | | (c) An employer who provides personal sick leave benefits | 8 | | or has a paid time off policy that would otherwise provide | 9 | | benefits as required under subsections (a) and (b) shall not be | 10 | | required to modify such benefits policy .
| 11 | | (Source: P.A. 99-841, eff. 1-1-17 .) | 12 | | (820 ILCS 191/20)
| 13 | | Sec. 20. Retaliation prohibited. An employer shall not | 14 | | deny an employee the right to use personal sick leave benefits | 15 | | in accordance with this Act or discharge, threaten to | 16 | | discharge, demote, suspend, or in any manner discriminate | 17 | | against an employee for using personal sick leave benefits, | 18 | | attempting to exercise the right to use personal sick leave | 19 | | benefits, filing a complaint with the Illinois Department of | 20 | | Labor or alleging a violation of this Act, cooperating in an | 21 | | investigation or prosecution of an alleged violation of this | 22 | | Act, or opposing any policy or practice or act that is | 23 | | prohibited by this Act. Nothing in this Section prohibits an | 24 | | employer from applying the terms and conditions set forth in | 25 | | the employment benefit plan or paid time off policy applicable |
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| 1 | | to personal sick leave benefits.
| 2 | | (Source: P.A. 99-841, eff. 1-1-17 .) | 3 | | (820 ILCS 191/21 new) | 4 | | Sec. 21. Employments exempted from coverage. | 5 | | (a) This Act does not apply to an employee of an employer | 6 | | subject to the provisions of Title II of the Railway Labor Act | 7 | | (45 U.S.C. 181 et seq.) or to an employer or employee as | 8 | | defined in either the federal Railroad Unemployment Insurance | 9 | | Act (45 U.S.C. 351 et seq) or the Federal Employers' Liability | 10 | | Act, United States Code, Title 45, Sections 51 through 60, or | 11 | | other comparable federal law. | 12 | | (b) Nothing in this Act shall be construed to invalidate, | 13 | | diminish, or otherwise interfere with any collective | 14 | | bargaining agreement nor shall it be construed to invalidate, | 15 | | diminish, or otherwise interfere with any party's power to | 16 | | collectively bargain such an agreement. | 17 | | (c) This Act does not apply to any other employment | 18 | | expressly exempted under rules adopted by the Department as | 19 | | necessary to implement this Act in accordance with applicable | 20 | | State and federal law. | 21 | | (820 ILCS 191/25)
| 22 | | Sec. 25. Rules. The Department may adopt rules to implement | 23 | | this Act is prohibited from adopting any rules in contravention | 24 | | of this Act .
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| 1 | | (Source: P.A. 99-841, eff. 1-1-17 .)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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