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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Employee Sick Leave Act.
In this Act:
"Department" means the Department of Labor.
"Personal sick leave benefits" means time accrued and
available to an employee to be used as a result of absence from
work due to personal illness, injury, or medical appointment,
but does not include absences from work for which compensation
is provided through an employer's plan.
Use of leave;
(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, spouse,
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 sick leave benefits for
the employee's own illness or injury.
(b) An employer may limit the use of personal sick leave
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benefits provided by the employer for absences due to an
illness, injury, or medical appointment of the employee's
child, 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 accrued during 6 months at the employee's then
current rate of entitlement.
(c) An employer who 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 policy.
Rights and remedies.
The rights and remedies
specified in this Act are in addition to any other rights or
remedies afforded by contract or under other provisions of law.
This Act does not prevent an employer from providing greater
sick leave benefits than are provided for under this Act. This
Act does not extend the maximum period of leave to which an
employee is entitled under the federal Family and Medical Leave
Act of 1993, regardless of whether the employee receives sick
leave compensation during that leave.
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,
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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.
The Department is prohibited from
adopting any rules in contravention of this Act.
This Act takes effect on
January 1, 2017.