SB2999 EnrolledLRB100 20681 JLS 36134 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 adding Section 9.5 as follows:
 
6    (820 ILCS 115/9.5 new)
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

 

 

SB2999 Enrolled- 2 -LRB100 20681 JLS 36134 b

1nonexistent, missing, or lost, the employee shall submit a
2signed statement regarding any such receipts.
3    (b) An employee is not entitled to reimbursement under this
4Section if (i) the employer has an established written expense
5reimbursement policy and (ii) the employee failed to comply
6with the written expense reimbursement policy. An employer is
7not liable under this Section unless the employer authorized or
8required the employee to incur the necessary expenditure or the
9employer failed to comply with its own written expense
10reimbursement policy. If the written expense reimbursement
11policy of an employer establishes specifications or guidelines
12for necessary expenditures, the employer is not liable under
13this Section for the portion of the expenditure amount that
14exceeds the specifications or guidelines of the policy so long
15as the employer does not institute a policy that provides for
16no reimbursement or de minimis reimbursement.
17    (c) To ensure consistency with federal law, any rules
18adopted by the Department and interpretation of this Section
19shall be consistent and not in conflict with federal
20regulations and guidelines regarding employer requirements for
21reimbursement of employee expenses.