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(5 ILCS 400/) Sick Leave Bank Act.

Illinois Compiled Statutes (ILCS)

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(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) (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) (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) (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, boards of election commissioners, or the State Board of Education.

(Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)

(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) (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) (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) (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) (from Ch. 127, par. 4295)

Sec. 45.

This Act shall take effect upon becoming law.
(Source: P.A. 87-822.)