Full Text of HB4038 102nd General Assembly
HB4038ham001 102ND GENERAL ASSEMBLY | Rep. LaToya Greenwood Filed: 3/16/2021
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| 1 | | AMENDMENT TO HOUSE BILL 4038
| 2 | | AMENDMENT NO. ______. Amend House Bill 4038 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Employee Sick Leave Act is amended by | 5 | | changing Sections 5 and 10 as follows: | 6 | | (820 ILCS 191/5)
| 7 | | Sec. 5. Definitions. In this Act: | 8 | | "Department" means the Department of Labor. | 9 | | "Covered family member" means an employee's child, | 10 | | stepchild, spouse, domestic partner, sibling, parent, | 11 | | mother-in-law, father-in-law, grandchild, grandparent, or | 12 | | stepparent. | 13 | | "Personal care" means activities to ensure that a covered | 14 | | family member's basic medical, hygienic, nutritional, or | 15 | | safety needs are met or to provide transportation to medical | 16 | | appointments for a covered family member who is unable to meet |
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| 1 | | those needs alone. "Personal care" also means being physically | 2 | | present to provide emotional support to a covered family | 3 | | member with a serious health condition who is receiving | 4 | | inpatient or home care. | 5 | | "Personal sick leave benefits" means any paid or unpaid | 6 | | time available to an employee as provided through an | 7 | | employment benefit plan or paid time off policy to be used as a | 8 | | result of absence from work due to personal illness, injury, | 9 | | or medical appointment. An employment benefit plan or paid | 10 | | time off policy does not include long term disability, short | 11 | | term disability, an insurance policy, or other comparable | 12 | | benefit plan or policy.
| 13 | | (Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.) | 14 | | (820 ILCS 191/10)
| 15 | | Sec. 10. Use of leave; limitations. | 16 | | (a) An employee may use personal sick leave benefits | 17 | | provided by the employer for absences due to an illness, | 18 | | injury, or medical appointment of a covered family member or | 19 | | for the personal care of a covered family member the | 20 | | employee's child, stepchild, spouse, domestic partner, | 21 | | sibling, parent, mother-in-law, father-in-law, grandchild, | 22 | | grandparent, or stepparent , on the same terms upon which the | 23 | | employee is able to use personal sick leave benefits for the | 24 | | employee's own illness or injury. An employer may request | 25 | | written verification of the employee's absence from a health |
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| 1 | | care professional if such verification is required under the | 2 | | employer's employment benefit plan or paid time off policy. | 3 | | (b) An employer may limit the use of personal sick leave | 4 | | benefits provided by the employer for absences due to an | 5 | | illness, injury, or medical appointment , or personal care of a | 6 | | covered family member of the employee's child, stepchild, | 7 | | spouse, domestic partner, sibling, parent, mother-in-law, | 8 | | father-in-law, grandchild, grandparent, or stepparent to an | 9 | | amount not less than the personal sick leave that would be | 10 | | earned or accrued during 6 months at the employee's then | 11 | | current rate of entitlement. For employers who base personal | 12 | | sick leave benefits on an employee's years of service instead | 13 | | of annual or monthly accrual, such employer may limit the | 14 | | amount of sick leave to be used under this Act to half of the | 15 | | employee's maximum annual grant. | 16 | | (c) An employer who provides personal sick leave benefits | 17 | | or a paid time off policy that would otherwise provide | 18 | | benefits as required under subsections (a) and (b) shall not | 19 | | be required to modify such benefits.
| 20 | | (Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)".
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