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SB2075 Engrossed |
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LRB094 09183 WGH 39416 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Wage Payment and Collection Act is |
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| amended by changing Section 5 as follows:
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| (820 ILCS 115/5) (from Ch. 48, par. 39m-5)
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| Sec. 5. Every employer shall pay the final compensation of |
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| separated
employees in full, at the time of separation, if |
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| possible, but in no
case later than the next regularly |
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| scheduled payday for such employee.
Where such employee |
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| requests in writing that his final compensation be
paid by |
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| check and mailed to him, the employer shall comply with this
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| request.
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| Unless otherwise provided in a collective bargaining |
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| agreement, whenever
a contract of employment or employment |
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| policy provides for paid vacations,
and an employee resigns or |
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| is terminated without having taken all vacation
time earned in |
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| accordance with such contract of employment
or employment |
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| policy, the monetary equivalent of all earned vacation
shall be |
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| paid to him or her as part of his or her final compensation
at |
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| his or her final rate of pay and no employment contract or |
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| employment
policy shall provide for forfeiture of earned |
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| vacation time upon separation. |
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| Notwithstanding anything in this Act, an employer may |
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| maintain and enforce written
incentive or deferred |
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| compensation plans which provide that the incentive or deferred
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| compensation for employees whose total compensation exceeds |
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| $100,000 per year may be
payable after separation of employment |
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| and may be subject to nonpayment under any specified
terms and |
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| conditions. Wages and final compensation, other than incentive |
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| or deferred
compensation, that an employee has already earned |
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| during his or her employment shall not be
restricted, |