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1 | AN ACT concerning employment. | |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||
4 | Section 5. The Illinois Wage Payment and Collection Act is | |||||||||||||||||||||
5 | amended by changing Section 5 as follows: | |||||||||||||||||||||
6 | (820 ILCS 115/5) (from Ch. 48, par. 39m-5) | |||||||||||||||||||||
7 | Sec. 5. Every employer shall pay the final compensation of | |||||||||||||||||||||
8 | separated employees in full, at the time of separation, if | |||||||||||||||||||||
9 | possible, but in no case later than the next regularly | |||||||||||||||||||||
10 | scheduled payday for such employee. Where such employee | |||||||||||||||||||||
11 | requests in writing that his final compensation be paid by | |||||||||||||||||||||
12 | check and mailed to him, the employer shall comply with this | |||||||||||||||||||||
13 | request. | |||||||||||||||||||||
14 | Unless otherwise provided in a collective bargaining | |||||||||||||||||||||
15 | agreement, whenever a contract of employment or employment | |||||||||||||||||||||
16 | policy provides for paid vacations, and an employee resigns or | |||||||||||||||||||||
17 | is terminated without having taken all vacation time earned in | |||||||||||||||||||||
18 | accordance with such contract of employment or employment | |||||||||||||||||||||
19 | policy, the monetary equivalent of all earned vacation shall | |||||||||||||||||||||
20 | be paid to him or her as part of his or her final compensation | |||||||||||||||||||||
21 | at his or her final rate of pay and no employment contract or | |||||||||||||||||||||
22 | employment policy shall provide for forfeiture of earned | |||||||||||||||||||||
23 | vacation time upon separation. |
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1 | An employee that resigns from a position due to a return to | ||||||
2 | office policy shall be paid any severance pay that the | ||||||
3 | employee would have been entitled to if he or she had been | ||||||
4 | terminated from the position by the employer. | ||||||
5 | (Source: P.A. 83-199.) | ||||||
6 | Section 10. The Unemployment Insurance Act is amended by | ||||||
7 | changing Section 601 as follows: | ||||||
8 | (820 ILCS 405/601) (from Ch. 48, par. 431) | ||||||
9 | Sec. 601. Voluntary leaving. | ||||||
10 | A. An individual shall be ineligible for benefits for the | ||||||
11 | week in which he or she has left work voluntarily without good | ||||||
12 | cause attributable to the employing unit and, thereafter, | ||||||
13 | until he or she has become reemployed and has had earnings | ||||||
14 | equal to or in excess of his or her current weekly benefit | ||||||
15 | amount in each of four calendar weeks which are either for | ||||||
16 | services in employment, or have been or will be reported | ||||||
17 | pursuant to the provisions of the Federal Insurance | ||||||
18 | Contributions Act by each employing unit for which such | ||||||
19 | services are performed and which submits a statement | ||||||
20 | certifying to that fact. | ||||||
21 | B. The provisions of this Section shall not apply to an | ||||||
22 | individual who has left work voluntarily: | ||||||
23 | 1. Because he or she is deemed physically unable to | ||||||
24 | perform his or her work by a licensed and practicing |
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1 | physician, or because the individual's assistance is | ||||||
2 | necessary for the purpose of caring for his or her spouse, | ||||||
3 | child, or parent who, according to a licensed and | ||||||
4 | practicing physician or as otherwise reasonably verified, | ||||||
5 | is in poor physical or mental health or is a person with a | ||||||
6 | mental or physical disability and the employer is unable | ||||||
7 | to accommodate the individual's need to provide such | ||||||
8 | assistance; | ||||||
9 | 2. To accept other bona fide work and, after such | ||||||
10 | acceptance, the individual is either not unemployed in | ||||||
11 | each of 2 weeks, or earns remuneration for such work equal | ||||||
12 | to at least twice his or her current weekly benefit | ||||||
13 | amount; | ||||||
14 | 3. In lieu of accepting a transfer to other work | ||||||
15 | offered to the individual by the employing unit under the | ||||||
16 | terms of a collective bargaining agreement or pursuant to | ||||||
17 | an established employer plan, program, or policy, if the | ||||||
18 | acceptance of such other work by the individual would | ||||||
19 | require the separation from that work of another | ||||||
20 | individual currently performing it; | ||||||
21 | 4. Solely because of the sexual harassment of the | ||||||
22 | individual by another employee. Sexual harassment means | ||||||
23 | (1) unwelcome sexual advances, requests for sexual favors, | ||||||
24 | sexually motivated physical contact or other conduct or | ||||||
25 | communication which is made a term or condition of the | ||||||
26 | employment or (2) the employee's submission to or |
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1 | rejection of such conduct or communication which is the | ||||||
2 | basis for decisions affecting employment, or (3) when such | ||||||
3 | conduct or communication has the purpose or effect of | ||||||
4 | substantially interfering with an individual's work | ||||||
5 | performance or creating an intimidating, hostile, or | ||||||
6 | offensive working environment and the employer knows or | ||||||
7 | should know of the existence of the harassment and fails | ||||||
8 | to take timely and appropriate action; | ||||||
9 | 5. Which he or she had accepted after separation from | ||||||
10 | other work, and the work which he or she left voluntarily | ||||||
11 | would be deemed unsuitable under the provisions of Section | ||||||
12 | 603; | ||||||
13 | 6.(a) Because the individual left work due to verified | ||||||
14 | domestic violence as defined in Section 103 of the | ||||||
15 | Illinois Domestic Violence Act of 1986 where the domestic | ||||||
16 | violence caused the individual to reasonably believe that | ||||||
17 | his or her continued employment would jeopardize his or | ||||||
18 | her safety or the safety of his or her spouse, minor child, | ||||||
19 | or parent | ||||||
20 | if the individual provides the following: | ||||||
21 | (i) notice to the employing unit of the reason for | ||||||
22 | the individual's voluntarily leaving; and | ||||||
23 | (ii) to the Department provides: | ||||||
24 | (A) an order of protection or other | ||||||
25 | documentation of equitable relief issued by a | ||||||
26 | court of competent jurisdiction; or |
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1 | (B) a police report or criminal charges | ||||||
2 | documenting the domestic violence; or | ||||||
3 | (C) medical documentation of the domestic | ||||||
4 | violence; or | ||||||
5 | (D) evidence of domestic violence from a | ||||||
6 | member of the clergy, attorney, counselor, social | ||||||
7 | worker, health worker or domestic violence shelter | ||||||
8 | worker. | ||||||
9 | (b) If the individual does not meet the provisions of | ||||||
10 | subparagraph (a), the individual shall be held to have | ||||||
11 | voluntarily terminated employment for the purpose of | ||||||
12 | determining the individual's eligibility for benefits | ||||||
13 | pursuant to subsection A. | ||||||
14 | (c) Notwithstanding any other provision to the | ||||||
15 | contrary, evidence of domestic violence experienced by an | ||||||
16 | individual, or his or her spouse, minor child, or parent, | ||||||
17 | including the individual's statement and corroborating | ||||||
18 | evidence, shall not be disclosed by the Department unless | ||||||
19 | consent for disclosure is given by the individual. | ||||||
20 | 7. Because, due to a change in location of employment | ||||||
21 | of the individual's spouse, the individual left work to | ||||||
22 | accompany his or her spouse to a place from which it is | ||||||
23 | impractical to commute or because the individual left | ||||||
24 | employment to accompany a spouse who has been reassigned | ||||||
25 | from one military assignment to another. The employer's | ||||||
26 | account, however, shall not be charged for any benefits |
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1 | paid out to the individual who leaves work under a | ||||||
2 | circumstance described in this paragraph. | ||||||
3 | 8. Because the individual left work due to a return to | ||||||
4 | office policy. | ||||||
5 | C. Within 90 days of the effective date of this amendatory | ||||||
6 | Act of the 96th General Assembly, the Department shall | ||||||
7 | promulgate rules, pursuant to the Illinois Administrative | ||||||
8 | Procedure Act and consistent with Section 903(f)(3)(B) of the | ||||||
9 | Social Security Act, to clarify and provide guidance regarding | ||||||
10 | eligibility and the prevention of fraud. | ||||||
11 | (Source: P.A. 99-143, eff. 7-27-15.) |