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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Government Severance Pay Act.
As used in this Act:
"Misconduct" includes, but is not limited to, the
(1) Conduct demonstrating conscious disregard of an
employer's interests and found to be a deliberate violation
or disregard of the reasonable standards of behavior which
the employer expects of his or her employee. Such conduct
may include, but is not limited to, willful damage to an
employer's property that results in damage of more than
$50, or theft of employer property or property of a
customer or invitee of the employer.
(2) Carelessness or negligence to a degree or
recurrence that manifests culpability or wrongful intent,
or shows an intentional and substantial disregard of the
employer's interests or of the employee's duties and
obligations to his or her employer.
(3) Chronic absenteeism or tardiness in deliberate
violation of a known policy of the employer or one or more
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unapproved absences following a written reprimand or
warning relating to more than one unapproved absence.
(4) A willful and deliberate violation of a standard or
regulation of this State by an employee of an employer
licensed or certified by this State, which violation would
cause the employer to be sanctioned or have its license or
certification suspended by this State.
(5) A violation of an employer's rule, unless the
claimant can demonstrate that:
(A) he or she did not know, and could not
reasonably know, of the rule's requirements;
(B) the rule is not lawful or not reasonably
related to the job environment and performance; or
(C) the rule is not fairly or consistently
(6) Other conduct, including, but not limited to,
committing criminal assault or battery on another
employee, or on a customer or invitee of the employer, or
committing abuse or neglect of a patient, resident,
disabled person, elderly person, or child in her or his
"Severance pay" means the actual or constructive
compensation, including salary, benefits, or perquisites, for
employment services yet to be rendered which is provided to an
employee who has recently been or is about to be terminated.
"Unit of government" means and includes all boards,
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commissions, agencies, institutions, authorities, and bodies
politic and corporate of the State, created by or in accordance
with the constitution or statute, of the executive branch of
State government and does include colleges, universities, and
institutions under the jurisdiction of the governing boards of
the University of Illinois, Southern Illinois University,
Illinois State University, Eastern Illinois University,
Northern Illinois University, Western Illinois University,
Chicago State University, Governors State University,
Northeastern Illinois University, and the Board of Higher
Education. "Unit of government" also includes units of local
government, school districts, and community colleges under the
Public Community College Act.
(a) A unit of government that enters into a contract or
employment agreement, or renewal or renegotiation of an
existing contract or employment agreement, that contains a
provision for severance pay with an officer, agent, employee,
or contractor must include the following provisions in the
(1) a requirement that severance pay provided may not
exceed an amount greater than 20 weeks of compensation; and
(2) a prohibition of provision of severance pay when
the officer, agent, employee, or contractor has been fired
for misconduct by the unit of government.