Full Text of SB2799 99th General Assembly
SB2799enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Employee Sick Leave Act is amended by | 5 | | changing Sections 5, 10, 20, and 25 and by adding Section 21 as | 6 | | follows: | 7 | | (820 ILCS 191/5)
| 8 | | Sec. 5. Definitions. In this Act: | 9 | | "Department" means the Department of Labor. | 10 | | "Personal sick leave benefits" means any paid or unpaid | 11 | | time accrued and available to an employee as provided through | 12 | | an employment benefit plan or paid time off policy to be used | 13 | | as a result of absence from work due to personal illness, | 14 | | injury, or medical appointment . An employment benefit plan or | 15 | | paid time off policy does not include long term disability, | 16 | | short term disability, an insurance policy, or other comparable | 17 | | benefit plan or policy. , but does not include absences from | 18 | | work for which compensation is provided through an employer's | 19 | | plan.
| 20 | | (Source: P.A. 99-841, eff. 1-1-17 .) | 21 | | (820 ILCS 191/10)
| 22 | | Sec. 10. Use of leave; limitations. |
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| 1 | | (a) An employee may use personal sick leave benefits | 2 | | provided by the employer for absences due to an illness, | 3 | | injury, or medical appointment of the employee's child, | 4 | | stepchild, spouse, domestic partner, sibling, parent, | 5 | | mother-in-law, father-in-law, grandchild, grandparent, or | 6 | | stepparent, for reasonable periods of time as the employee's | 7 | | attendance may be necessary, on the same terms upon which the | 8 | | employee is able to use personal sick leave benefits for the | 9 | | employee's own illness or injury. An employer may request | 10 | | written verification of the employee's absence from a health | 11 | | care professional if such verification is required under the | 12 | | employer's employment benefit plan or paid time off policy. | 13 | | (b) An employer may limit the use of personal sick leave | 14 | | benefits provided by the employer for absences due to an | 15 | | illness, injury, or medical appointment of the employee's | 16 | | child, stepchild, spouse, domestic partner, sibling, parent, | 17 | | mother-in-law, father-in-law, grandchild, grandparent, or | 18 | | stepparent to an amount not less than the personal sick leave | 19 | | that would be earned or accrued during 6 months at the | 20 | | employee's then current rate of entitlement. For employers who | 21 | | base personal sick leave benefits on an employee's years of | 22 | | service instead of annual or monthly accrual, such employer may | 23 | | limit the amount of sick leave to be used under this Act to | 24 | | half of the employee's maximum annual grant. | 25 | | (c) An employer who provides personal sick leave benefits | 26 | | or has a paid time off policy that would otherwise provide |
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| 1 | | benefits as required under subsections (a) and (b) shall not be | 2 | | required to modify such benefits policy .
| 3 | | (Source: P.A. 99-841, eff. 1-1-17 .) | 4 | | (820 ILCS 191/20)
| 5 | | Sec. 20. Retaliation prohibited. An employer shall not | 6 | | deny an employee the right to use personal sick leave benefits | 7 | | in accordance with this Act or discharge, threaten to | 8 | | discharge, demote, suspend, or in any manner discriminate | 9 | | against an employee for using personal sick leave benefits, | 10 | | attempting to exercise the right to use personal sick leave | 11 | | benefits, filing a complaint with the Illinois Department of | 12 | | Labor or alleging a violation of this Act, cooperating in an | 13 | | investigation or prosecution of an alleged violation of this | 14 | | Act, or opposing any policy or practice or act that is | 15 | | prohibited by this Act. Nothing in this Section prohibits an | 16 | | employer from applying the terms and conditions set forth in | 17 | | the employment benefit plan or paid time off policy applicable | 18 | | to personal sick leave benefits.
| 19 | | (Source: P.A. 99-841, eff. 1-1-17 .) | 20 | | (820 ILCS 191/21 new) | 21 | | Sec. 21. Employments exempted from coverage. | 22 | | (a) This Act does not apply to an employee of an employer | 23 | | subject to the provisions of Title II of the Railway Labor Act | 24 | | (45 U.S.C. 181 et seq.) or to an employer or employee as |
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| 1 | | defined in either the federal Railroad Unemployment Insurance | 2 | | Act (45 U.S.C. 351 et seq.) or the Federal Employers' Liability | 3 | | Act, United States Code, Title 45, Sections 51 through 60, or | 4 | | other comparable federal law. | 5 | | (b) Nothing in this Act shall be construed to invalidate, | 6 | | diminish, or otherwise interfere with any collective | 7 | | bargaining agreement nor shall it be construed to invalidate, | 8 | | diminish, or otherwise interfere with any party's power to | 9 | | collectively bargain such an agreement. | 10 | | (c) This Act does not apply to any other employment | 11 | | expressly exempted under rules adopted by the Department as | 12 | | necessary to implement this Act in accordance with applicable | 13 | | State and federal law. | 14 | | (820 ILCS 191/25)
| 15 | | Sec. 25. Rules. The Department may adopt rules to implement | 16 | | this Act is prohibited from adopting any rules in contravention | 17 | | of this Act .
| 18 | | (Source: P.A. 99-841, eff. 1-1-17 .)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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