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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

GENERAL PROVISIONS
(5 ILCS 400/) Sick Leave Bank Act.

5 ILCS 400/1

    (5 ILCS 400/1) (from Ch. 127, par. 4251)
    Sec. 1. Short title; purpose.
    (a) This Act is intended to provide for the alleviation of the hardship caused to an employee and the employee's family if a catastrophic illness or injury forces the employee to exhaust all leave time earned by that employee and to lose compensation from the State.
    (b) This Act may be cited as the Sick Leave Bank Act.
(Source: P.A. 87-822; 87-895.)

5 ILCS 400/5

    (5 ILCS 400/5) (from Ch. 127, par. 4255)
    Sec. 5. Definitions. As used in this Act, unless the context otherwise requires, the terms specified in the following Sections have the meanings ascribed to them in those Sections.
(Source: P.A. 87-822.)

5 ILCS 400/5.05

    (5 ILCS 400/5.05) (from Ch. 127, par. 4255.05)
    Sec. 5.05. "Department" means the Department of Central Management Services.
(Source: P.A. 87-822.)

5 ILCS 400/5.10

    (5 ILCS 400/5.10) (from Ch. 127, par. 4255.10)
    Sec. 5.10. "Agency" means any branch, department, board, committee or commission of State government, but does not include units of local government, school districts or boards of election commissioners.
(Source: P.A. 87-822.)

5 ILCS 400/5.15

    (5 ILCS 400/5.15) (from Ch. 127, par. 4255.15)
    Sec. 5.15. "Sick leave bank" means a depository into which participating employees may donate accrued sick leave time for allocation to other participating employees.
(Source: P.A. 87-822.)

5 ILCS 400/5.20

    (5 ILCS 400/5.20) (from Ch. 127, par. 4255.20)
    Sec. 5.20. "Participating employee" means a permanent full- or part-time employee who has been employed by a State Agency for a period of 6 months or more who voluntarily enrolls in the sick leave bank by depositing at least one full day of accrued sick leave in that bank.
(Source: P.A. 87-822.)

5 ILCS 400/5.25

    (5 ILCS 400/5.25) (from Ch. 127, par. 4255.25)
    Sec. 5.25. "Catastrophic illness or injury" shall mean those illnesses and injuries classified as such in rules promulgated by the Department.
(Source: P.A. 87-822.)

5 ILCS 400/10

    (5 ILCS 400/10) (from Ch. 127, par. 4260)
    Sec. 10. Administration of Act. The Department shall establish a plan allowing participating employees in each Agency to bank a designated amount or portion of their accrued sick leave in a sick leave bank to be used by any participating employee in the Agency who has exhausted his or her accrued vacation time, personal days, sick leave and compensatory time. The Department shall promulgate rules governing the operation of the plan subject, however, to the following restrictions and limitations:
        (a) Participation in the sick leave bank shall, at
    
all times, be voluntary on the part of any employee.
        (b) A participating employee may deposit into the
    
sick leave bank as much accrued sick leave as desired provided that the participating employee shall retain in his or her own account at least 5 sick days.
        (c) Any sick leave in the sick leave bank used by a
    
participating employee shall be only for that employee's personal catastrophic illness or injury.
        (d) A participating employee shall not use sick leave
    
accumulated in the sick leave bank until all of his or her accrued vacation time, personal days, sick leave and compensatory time have been used.
        (e) Injuries and illnesses that are compensable under
    
the Workers' Compensation Act or Workers' Occupational Diseases Act shall not be eligible for sick leave bank use.
        (f) Participating employees who transfer from one
    
Agency to another may transfer their participation in the sick leave bank.
        (g) An employee who cancels his or her participation
    
in the sick leave bank shall not be eligible to withdraw the sick leave time he or she has contributed to the pool.
        (h) Any abuse of the use of the sick leave bank shall
    
be investigated by the Agency and the Department and upon a finding of wrongdoing on the part of a participating employee, that employee shall repay all sick leave days drawn from the sick leave bank and shall be subject to other disciplinary action.
        (i) Provisions for appeal of adverse decisions
    
affecting a participating employee's use of the sick leave bank shall be made by rule adopted by the Department.
        (j) Accumulation of sick leave in the sick leave bank
    
shall be on an Agency by Agency basis but procedures adopted by rule for the operation of the sick leave bank shall be uniform among all Agencies.
        (k) Upon termination, retirement, or death, neither a
    
participating employee nor the participating employee's estate shall be entitled to payment for unused sick leave acquired from the sick leave bank.
(Source: P.A. 92-317, eff. 8-9-01.)

5 ILCS 400/45

    (5 ILCS 400/45) (from Ch. 127, par. 4295)
    Sec. 45. This Act shall take effect upon becoming law.
(Source: P.A. 87-822.)