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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 415/) Government Severance Pay Act.

5 ILCS 415/1

    (5 ILCS 415/1)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 1. Short title. This Act may be cited as the Government Severance Pay Act.
(Source: P.A. 100-895, eff. 1-1-19.)

5 ILCS 415/5

    (5 ILCS 415/5)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 5. Definitions. As used in this Act:
    "Misconduct" includes, but is not limited to, the following:
        (1) Conduct demonstrating conscious disregard of an
    
employer's interests and found to be a deliberate violation or disregard of the reasonable standards of behavior which the employer expects of his or her employee. Such conduct may include, but is not limited to, willful damage to an employer's property that results in damage of more than $50, or theft of employer property or property of a customer or invitee of the employer.
        (2) Carelessness or negligence to a degree or
    
recurrence that manifests culpability or wrongful intent, or shows an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his or her employer.
        (3) Chronic absenteeism or tardiness in deliberate
    
violation of a known policy of the employer or one or more unapproved absences following a written reprimand or warning relating to more than one unapproved absence.
        (4) A willful and deliberate violation of a
    
standard or regulation of this State by an employee of an employer licensed or certified by this State, which violation would cause the employer to be sanctioned or have its license or certification suspended by this State.
        (5) A violation of an employer's rule, unless the
    
claimant can demonstrate that:
            (A) he or she did not know, and could not
        
reasonably know, of the rule's requirements;
            (B) the rule is not lawful or not reasonably
        
related to the job environment and performance; or
            (C) the rule is not fairly or consistently
        
enforced.
        (6) Other conduct, including, but not limited to,
    
committing criminal assault or battery on another employee, or on a customer or invitee of the employer, or committing abuse or neglect of a patient, resident, disabled person, elderly person, or child in her or his professional care.
    "Severance pay" means the actual or constructive compensation, including salary, benefits, or perquisites, for employment services yet to be rendered which is provided to an employee who has recently been or is about to be terminated.
    "Unit of government" means and includes all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the State, created by or in accordance with the constitution or statute, of the executive branch of State government and does include colleges, universities, and institutions under the jurisdiction of the governing boards of the University of Illinois, Southern Illinois University, Illinois State University, Eastern Illinois University, Northern Illinois University, Western Illinois University, Chicago State University, Governors State University, Northeastern Illinois University, and the Board of Higher Education. "Unit of government" also includes units of local government, school districts, and community colleges under the Public Community College Act.
(Source: P.A. 100-895, eff. 1-1-19.)

5 ILCS 415/10

    (5 ILCS 415/10)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 10. Severance pay.
    (a) A unit of government that enters into a contract or employment agreement, or renewal or renegotiation of an existing contract or employment agreement, that contains a provision for severance pay with an officer, agent, employee, or contractor must include the following provisions in the contract:
        (1) a requirement that severance pay provided may
    
not exceed an amount greater than 20 weeks of compensation; and
        (2) a prohibition of provision of severance pay
    
when the officer, agent, employee, or contractor has been fired for misconduct by the unit of government.
    (b) Nothing in this Section creates an entitlement to severance pay in the absence of its contractual authorization or as otherwise authorized by law.
(Source: P.A. 100-895, eff. 1-1-19.)