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 | |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 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 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 | 10 | | time available to an employee as provided through an | 11 | | employment benefit plan or paid time off policy to be used as a | 12 | | result of absence from work due to personal illness, injury, | 13 | | or medical appointment or for the personal care of a parent, | 14 | | mother-in-law, father-in-law, grandparent, or stepparent . An | 15 | | employment benefit plan or paid time off policy does not | 16 | | include long term disability, short term disability, an | 17 | | insurance 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 | 22 | | provided by the employer for absences due to an illness, |
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| 1 | | injury, or medical appointment of the employee's child, | 2 | | stepchild, spouse, domestic partner, sibling, parent, | 3 | | mother-in-law, father-in-law, grandchild, grandparent, or | 4 | | stepparent, or for the personal care of a parent, | 5 | | mother-in-law, father-in-law, grandparent, or stepparent on | 6 | | the same terms upon which the employee is able to use personal | 7 | | sick leave benefits for the employee's own illness or injury. | 8 | | An employer may request written verification of the employee's | 9 | | absence from a health care professional if such verification | 10 | | is required under the employer's employment benefit plan or | 11 | | paid time off policy. | 12 | | (b) An employer may limit the use of personal sick leave | 13 | | benefits provided by the employer for absences due to an | 14 | | illness, injury, or medical appointment of the employee's | 15 | | child, stepchild, spouse, domestic partner, sibling, parent, | 16 | | mother-in-law, father-in-law, grandchild, grandparent, or | 17 | | stepparent to an amount not less than the personal sick leave | 18 | | that would be earned or accrued during 6 months at the | 19 | | employee's then current rate of entitlement. For employers who | 20 | | base personal sick leave benefits on an employee's years of | 21 | | service instead of annual or monthly accrual, such employer | 22 | | may limit the amount of sick leave to be used under this Act to | 23 | | half of the employee's maximum annual grant. | 24 | | (c) An employer who provides personal sick leave benefits | 25 | | or a paid time off policy that would otherwise provide | 26 | | benefits as required under subsections (a) and (b) shall not |
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| 1 | | be required to modify such benefits.
| 2 | | (Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)
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