Illinois General Assembly

Previous General Assemblies

Public Act 099-0921


 

Public Act 0921 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0921
 
SB2799 EnrolledLRB099 20538 SMS 45083 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Employee Sick Leave Act is amended by
changing Sections 5, 10, 20, and 25 and by adding Section 21 as
follows:
 
    (820 ILCS 191/5)
    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.
(Source: P.A. 99-841, eff. 1-1-17.)
 
    (820 ILCS 191/10)
    Sec. 10. Use of leave; limitations.
    (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
benefits as required under subsections (a) and (b) shall not be
required to modify such benefits policy.
(Source: P.A. 99-841, eff. 1-1-17.)
 
    (820 ILCS 191/20)
    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.
(Source: P.A. 99-841, eff. 1-1-17.)
 
    (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
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.
 
    (820 ILCS 191/25)
    Sec. 25. Rules. The Department may adopt rules to implement
this Act is prohibited from adopting any rules in contravention
of this Act.
(Source: P.A. 99-841, eff. 1-1-17.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 1/13/2017