HB6162 EngrossedLRB099 18403 JLS 42779 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Employee Sick Leave Act.
6    Section 5. Definitions. In this Act:
7    "Department" means the Department of Labor.
8    "Personal sick leave benefits" means time accrued and
9available to an employee to be used as a result of absence from
10work due to personal illness, injury, or medical appointment,
11but does not include absences from work for which compensation
12is provided through an employer's plan.
13    Section 10. Use of leave; limitations.
14    (a) An employee may use personal sick leave benefits
15provided by the employer for absences due to an illness,
16injury, or medical appointment of the employee's child, spouse,
17sibling, parent, mother-in-law, father-in-law, grandchild,
18grandparent, or stepparent, for reasonable periods of time as
19the employee's attendance may be necessary, on the same terms
20upon which the employee is able to use sick leave benefits for
21the employee's own illness or injury.
22    (b) An employer may limit the use of personal sick leave



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1benefits provided by the employer for absences due to an
2illness, injury, or medical appointment of the employee's
3child, spouse, domestic partner, sibling, parent,
4mother-in-law, father-in-law, grandchild, grandparent, or
5stepparent to an amount not less than the personal sick leave
6that would be accrued during 6 months at the employee's then
7current rate of entitlement.
8    (c) An employer who has a paid time off policy that would
9otherwise provide benefits as required under subsections (a)
10and (b) shall not be required to modify such policy.
11    Section 15. Rights and remedies. The rights and remedies
12specified in this Act are in addition to any other rights or
13remedies afforded by contract or under other provisions of law.
14This Act does not prevent an employer from providing greater
15sick leave benefits than are provided for under this Act. This
16Act does not extend the maximum period of leave to which an
17employee is entitled under the federal Family and Medical Leave
18Act of 1993, regardless of whether the employee receives sick
19leave compensation during that leave.
20    Section 20. Retaliation prohibited. An employer shall not
21deny an employee the right to use personal sick leave benefits
22in accordance with this Act or discharge, threaten to
23discharge, demote, suspend, or in any manner discriminate
24against an employee for using personal sick leave benefits,



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1attempting to exercise the right to use personal sick leave
2benefits, filing a complaint with the Illinois Department of
3Labor or alleging a violation of this Act, cooperating in an
4investigation or prosecution of an alleged violation of this
5Act, or opposing any policy or practice or act that is
6prohibited by this Act.
7    Section 25. Rules. The Department is prohibited from
8adopting any rules in contravention of this Act.
9    Section 99. Effective date. This Act takes effect on
10January 1, 2017.