Illinois General Assembly - Full Text of SB2799
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Full Text of SB2799  99th General Assembly


Rep. Peter Breen

Filed: 1/9/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 2799, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Employee Sick Leave Act is amended by
6changing Sections 5, 10, 20, and 25 and by adding Section 21 as
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
12time accrued and available to an employee as provided through
13an employment benefit plan or paid time off policy to be used
14as a result of absence from work due to personal illness,
15injury, or medical appointment. An employment benefit plan or
16paid time off policy does not include long term disability,



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1short term disability, an insurance policy, or other comparable
2benefit plan or policy. , but does not include absences from
3work for which compensation is provided through an employer's
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
9provided by the employer for absences due to an illness,
10injury, or medical appointment of the employee's child,
11stepchild, spouse, domestic partner, sibling, parent,
12mother-in-law, father-in-law, grandchild, grandparent, or
13stepparent, for reasonable periods of time as the employee's
14attendance may be necessary, on the same terms upon which the
15employee is able to use personal sick leave benefits for the
16employee's own illness or injury. An employer may request
17written verification of the employee's absence from a health
18care professional if such verification is required under the
19employer's employment benefit plan or paid time off policy.
20    (b) An employer may limit the use of personal sick leave
21benefits provided by the employer for absences due to an
22illness, injury, or medical appointment of the employee's
23child, stepchild, spouse, domestic partner, sibling, parent,
24mother-in-law, father-in-law, grandchild, grandparent, or
25stepparent to an amount not less than the personal sick leave



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1that would be earned or accrued during 6 months at the
2employee's then current rate of entitlement. For employers who
3base personal sick leave benefits on an employee's years of
4service instead of annual or monthly accrual, such employer may
5limit the amount of sick leave to be used under this Act to
6half of the employee's maximum annual grant.
7    (c) An employer who provides personal sick leave benefits
8or has a paid time off policy that would otherwise provide
9benefits as required under subsections (a) and (b) shall not be
10required 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
14deny an employee the right to use personal sick leave benefits
15in accordance with this Act or discharge, threaten to
16discharge, demote, suspend, or in any manner discriminate
17against an employee for using personal sick leave benefits,
18attempting to exercise the right to use personal sick leave
19benefits, filing a complaint with the Illinois Department of
20Labor or alleging a violation of this Act, cooperating in an
21investigation or prosecution of an alleged violation of this
22Act, or opposing any policy or practice or act that is
23prohibited by this Act. Nothing in this Section prohibits an
24employer from applying the terms and conditions set forth in
25the employment benefit plan or paid time off policy applicable



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1to 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
6subject 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
8defined in either the federal Railroad Unemployment Insurance
9Act (45 U.S.C. 351 et seq) or the Federal Employers' Liability
10Act, United States Code, Title 45, Sections 51 through 60, or
11other comparable federal law.
12    (b) Nothing in this Act shall be construed to invalidate,
13diminish, or otherwise interfere with any collective
14bargaining agreement nor shall it be construed to invalidate,
15diminish, or otherwise interfere with any party's power to
16collectively bargain such an agreement.
17    (c) This Act does not apply to any other employment
18expressly exempted under rules adopted by the Department as
19necessary to implement this Act in accordance with applicable
20State and federal law.
21    (820 ILCS 191/25)
22    Sec. 25. Rules. The Department may adopt rules to implement
23this Act is prohibited from adopting any rules in contravention
24of 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
3becoming law.".