Illinois General Assembly - Full Text of SB3307
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Full Text of SB3307  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/11/2020, by Sen. Patricia Van Pelt


820 ILCS 115/9.5

    Amends the Illinois Wage Payment and Collection Act. In a provision requiring an employer to reimburse an employee for all necessary expenses or losses incurred by the employee within the employee's scope of employment, requires the employer to reimburse the employee within 30 days after receipt of the necessary expenditures or losses. Provides that an employer is not liable unless the employer required (rather than authorized or required) the employee to incur the necessary expenditure or the employer failed to comply with its own written expense reimbursement policy. Effective immediately.

LRB101 20219 JLS 69759 b





SB3307LRB101 20219 JLS 69759 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 5. The Illinois Wage Payment and Collection Act is
5amended by changing Section 9.5 as follows:
6    (820 ILCS 115/9.5)
7    Sec. 9.5. Reimbursement of employee expenses.
8    (a) An employer shall reimburse an employee for all
9necessary expenditures or losses incurred by the employee
10within the employee's scope of employment and directly related
11to services performed for the employer. As used in this
12Section, "necessary expenditures" means all reasonable
13expenditures or losses required of the employee in the
14discharge of employment duties and that inure to the primary
15benefit of the employer. An employer is not responsible for
16losses due to an employee's own negligence, losses due to
17normal wear, or losses due to theft unless the theft was a
18result of the employer's negligence. An employee shall submit
19any necessary expenditure with appropriate supporting
20documentation within 30 calendar days after incurring the
21expense, except that an employer may provide additional time
22for submitting requests for reimbursement in a written expense
23reimbursement policy. Where supporting documentation is



SB3307- 2 -LRB101 20219 JLS 69759 b

1nonexistent, missing, or lost, the employee shall submit a
2signed statement regarding any such receipts. An employer shall
3reimburse an employee within 30 days after receipt of necessary
4expenditures or losses incurred by the employee.
5    (b) An employee is not entitled to reimbursement under this
6Section if (i) the employer has an established written expense
7reimbursement policy and (ii) the employee failed to comply
8with the written expense reimbursement policy. An employer is
9not liable under this Section unless the employer authorized or
10required the employee to incur the necessary expenditure or the
11employer failed to comply with its own written expense
12reimbursement policy. If the written expense reimbursement
13policy of an employer establishes specifications or guidelines
14for necessary expenditures, the employer is not liable under
15this Section for the portion of the expenditure amount that
16exceeds the specifications or guidelines of the policy so long
17as the employer does not institute a policy that provides for
18no reimbursement or de minimis reimbursement.
19    (c) To ensure consistency with federal law, any rules
20adopted by the Department and interpretation of this Section
21shall be consistent and not in conflict with federal
22regulations and guidelines regarding employer requirements for
23reimbursement of employee expenses.
24(Source: P.A. 100-1094, eff. 1-1-19.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.