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Public Act 099-0921
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| SB2799 Enrolled | LRB099 20538 SMS 45083 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Employee Sick Leave Act is amended by |
changing Sections 5, 10, 20, and 25 and by adding Section 21 as |
follows:
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(820 ILCS 191/5)
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Sec. 5. Definitions. In this Act: |
"Department" means the Department of Labor. |
"Personal sick leave benefits" means any paid or unpaid |
time accrued and available to an employee as provided through |
an employment benefit plan or paid time off policy to be used |
as a result of absence from work due to personal illness, |
injury, or medical appointment. An employment benefit plan or |
paid time off policy does not include long term disability, |
short term disability, an insurance policy, or other comparable |
benefit plan or policy. , but does not include absences from |
work for which compensation is provided through an employer's |
plan.
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(Source: P.A. 99-841, eff. 1-1-17.)
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(820 ILCS 191/10)
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Sec. 10. Use of leave; limitations. |
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(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, for reasonable periods of time as the employee's |
attendance may be necessary, 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, or medical appointment of the employee's |
child, stepchild, spouse, domestic partner, sibling, parent, |
mother-in-law, father-in-law, grandchild, grandparent, or |
stepparent to an amount not less than the personal sick leave |
that would be earned or accrued during 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 |
half of the employee's maximum annual grant. |
(c) An employer who provides personal sick leave benefits |
or has a paid time off policy that would otherwise provide |
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benefits as required under subsections (a) and (b) shall not be |
required to modify such benefits policy.
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(Source: P.A. 99-841, eff. 1-1-17.)
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(820 ILCS 191/20)
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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, |
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.
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(Source: P.A. 99-841, eff. 1-1-17.)
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(820 ILCS 191/21 new) |
Sec. 21. Employments exempted from coverage. |
(a) This Act does not apply to an employee of an employer |
subject to the provisions of Title II of the Railway Labor Act |
(45 U.S.C. 181 et seq.) or to an employer or employee as |
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defined in either the federal Railroad Unemployment Insurance |
Act (45 U.S.C. 351 et seq.) or the Federal Employers' Liability |
Act, United States Code, Title 45, Sections 51 through 60, or |
other comparable federal law. |
(b) Nothing in this Act shall be construed to invalidate, |
diminish, or otherwise interfere with any collective |
bargaining agreement nor shall it be construed to invalidate, |
diminish, or otherwise interfere with any party's power to |
collectively bargain such an agreement. |
(c) This Act does not apply to any other employment |
expressly exempted under rules adopted by the Department as |
necessary to implement this Act in accordance with applicable |
State and federal law.
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(820 ILCS 191/25)
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Sec. 25. Rules. The Department may adopt rules to implement |
this Act is prohibited from adopting any rules in contravention |
of this Act.
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(Source: P.A. 99-841, eff. 1-1-17.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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