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Full Text of SB2799  99th General Assembly

SB2799enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
SB2799 EnrolledLRB099 20538 SMS 45083 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Employee Sick Leave Act is amended by
5changing Sections 5, 10, 20, and 25 and by adding Section 21 as
6follows:
 
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
11time accrued and available to an employee as provided through
12an employment benefit plan or paid time off policy to be used
13as a result of absence from work due to personal illness,
14injury, or medical appointment. An employment benefit plan or
15paid time off policy does not include long term disability,
16short term disability, an insurance policy, or other comparable
17benefit plan or policy. , but does not include absences from
18work for which compensation is provided through an employer's
19plan.
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
2provided by the employer for absences due to an illness,
3injury, or medical appointment of the employee's child,
4stepchild, spouse, domestic partner, sibling, parent,
5mother-in-law, father-in-law, grandchild, grandparent, or
6stepparent, for reasonable periods of time as the employee's
7attendance may be necessary, on the same terms upon which the
8employee is able to use personal sick leave benefits for the
9employee's own illness or injury. An employer may request
10written verification of the employee's absence from a health
11care professional if such verification is required under the
12employer's employment benefit plan or paid time off policy.
13    (b) An employer may limit the use of personal sick leave
14benefits provided by the employer for absences due to an
15illness, injury, or medical appointment of the employee's
16child, stepchild, spouse, domestic partner, sibling, parent,
17mother-in-law, father-in-law, grandchild, grandparent, or
18stepparent to an amount not less than the personal sick leave
19that would be earned or accrued during 6 months at the
20employee's then current rate of entitlement. For employers who
21base personal sick leave benefits on an employee's years of
22service instead of annual or monthly accrual, such employer may
23limit the amount of sick leave to be used under this Act to
24half of the employee's maximum annual grant.
25    (c) An employer who provides personal sick leave benefits
26or has a paid time off policy that would otherwise provide

 

 

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1benefits as required under subsections (a) and (b) shall not be
2required 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
6deny an employee the right to use personal sick leave benefits
7in accordance with this Act or discharge, threaten to
8discharge, demote, suspend, or in any manner discriminate
9against an employee for using personal sick leave benefits,
10attempting to exercise the right to use personal sick leave
11benefits, filing a complaint with the Illinois Department of
12Labor or alleging a violation of this Act, cooperating in an
13investigation or prosecution of an alleged violation of this
14Act, or opposing any policy or practice or act that is
15prohibited by this Act. Nothing in this Section prohibits an
16employer from applying the terms and conditions set forth in
17the employment benefit plan or paid time off policy applicable
18to 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
23subject 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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1defined in either the federal Railroad Unemployment Insurance
2Act (45 U.S.C. 351 et seq.) or the Federal Employers' Liability
3Act, United States Code, Title 45, Sections 51 through 60, or
4other comparable federal law.
5    (b) Nothing in this Act shall be construed to invalidate,
6diminish, or otherwise interfere with any collective
7bargaining agreement nor shall it be construed to invalidate,
8diminish, or otherwise interfere with any party's power to
9collectively bargain such an agreement.
10    (c) This Act does not apply to any other employment
11expressly exempted under rules adopted by the Department as
12necessary to implement this Act in accordance with applicable
13State and federal law.
 
14    (820 ILCS 191/25)
15    Sec. 25. Rules. The Department may adopt rules to implement
16this Act is prohibited from adopting any rules in contravention
17of this Act.
18(Source: P.A. 99-841, eff. 1-1-17.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.