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| | HB6162 Engrossed | | LRB099 18403 JLS 42779 b |
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| 1 | | AN ACT concerning employment.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act may be cited as the |
| 5 | | Employee Sick Leave Act.
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| 6 | | Section 5. Definitions. In this Act: |
| 7 | | "Department" means the Department of Labor. |
| 8 | | "Personal sick leave benefits" means time accrued and |
| 9 | | available to an employee to be used as a result of absence from |
| 10 | | work due to personal illness, injury, or medical appointment, |
| 11 | | but does not include absences from work for which compensation |
| 12 | | is provided through an employer's plan.
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| 13 | | Section 10. Use of leave; limitations. |
| 14 | | (a) An employee may use personal sick leave benefits |
| 15 | | provided by the employer for absences due to an illness, |
| 16 | | injury, or medical appointment of the employee's child, spouse, |
| 17 | | sibling, parent, mother-in-law, father-in-law, grandchild, |
| 18 | | grandparent, or stepparent, for reasonable periods of time as |
| 19 | | the employee's attendance may be necessary, on the same terms |
| 20 | | upon which the employee is able to use sick leave benefits for |
| 21 | | the employee's own illness or injury. |
| 22 | | (b) An employer may limit the use of personal sick leave |
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| | HB6162 Engrossed | - 2 - | LRB099 18403 JLS 42779 b |
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| 1 | | benefits provided by the employer for absences due to an |
| 2 | | illness, injury, or medical appointment of the employee's |
| 3 | | child, spouse, domestic partner, sibling, parent, |
| 4 | | mother-in-law, father-in-law, grandchild, grandparent, or |
| 5 | | stepparent to an amount not less than the personal sick leave |
| 6 | | that would be accrued during 6 months at the employee's then |
| 7 | | current rate of entitlement. |
| 8 | | (c) An employer who has a paid time off policy that would |
| 9 | | otherwise provide benefits as required under subsections (a) |
| 10 | | and (b) shall not be required to modify such policy.
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| 11 | | Section 15. Rights and remedies. The rights and remedies |
| 12 | | specified in this Act are in addition to any other rights or |
| 13 | | remedies afforded by contract or under other provisions of law. |
| 14 | | This Act does not prevent an employer from providing greater |
| 15 | | sick leave benefits than are provided for under this Act. This |
| 16 | | Act does not extend the maximum period of leave to which an |
| 17 | | employee is entitled under the federal Family and Medical Leave |
| 18 | | Act of 1993, regardless of whether the employee receives sick |
| 19 | | leave compensation during that leave.
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| 20 | | Section 20. Retaliation prohibited. An employer shall not |
| 21 | | deny an employee the right to use personal sick leave benefits |
| 22 | | in accordance with this Act or discharge, threaten to |
| 23 | | discharge, demote, suspend, or in any manner discriminate |
| 24 | | against an employee for using personal sick leave benefits, |
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| 1 | | attempting to exercise the right to use personal sick leave |
| 2 | | benefits, filing a complaint with the Illinois Department of |
| 3 | | Labor or alleging a violation of this Act, cooperating in an |
| 4 | | investigation or prosecution of an alleged violation of this |
| 5 | | Act, or opposing any policy or practice or act that is |
| 6 | | prohibited by this Act.
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| 7 | | Section 25. Rules. The Department is prohibited from |
| 8 | | adopting any rules in contravention of this Act.
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| 9 | | Section 99. Effective date. This Act takes effect on |
| 10 | | January 1, 2017.
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