(820 ILCS 405/610) (from Ch. 48, par. 440)
Sec. 610.
Vacation pay.
A. Whenever an employer has announced a
period of shutdown for the taking of inventory or for vacation purposes,
or both, and at the time of or during such shutdown makes a payment or
becomes obligated or holds himself ready to make such payment to an
individual as vacation pay, or as vacation pay allowance, or as pay in
lieu of vacation, or as standby pay, such sum shall be deemed "wages" as
defined in Section 234, and shall be treated as provided in subsection C
of this Section.
B. Whenever in connection with any
separation or layoff of an individual, his employer makes a payment or
payments to him, or becomes obligated and holds himself ready to make
such payment to him as, or in the nature of, vacation pay, or vacation
pay allowance, or as pay in lieu of vacation, and within 10 calendar
days after notification of the filing of his claim, designates (by
notice to the Director) the period to which such payment shall be
allocated (provided, that if such designated period is extended by the
employer, he may again similarly designate an extended period, by giving
notice thereof not later than the beginning of the extension of such
period, with the same effect as if such period of extension were
included in the original designation), the amount of any such payment,
or obligation to make payment, shall be deemed "wages" as defined in
Section 234, and shall be treated as provided in subsection C of this
Section.
C. If the employer has not designated the period provided for in
subsection B within the prescribed time limits, the wages referred to in
subsection B shall not be attributed or be deemed payable to such
individual with respect to any week after such separation or layoff. Of
the wages described in subsection A (whether or not the employer has
designated the period therein described), or of the wages described in
subsection B if the period therein described has been designated by the
employer as therein provided, a sum equal to such individual's wages for
a normal work day shall be attributed to, or deemed to be payable to him
with respect to, the first and each subsequent work day except paid
holidays in such period until such amount so paid or owing is exhausted.
If an employee is entitled to receive and receives holiday pay for any
work day in such designated period, such pay shall be deemed "wages" and
the period herein designated shall be extended by such paid holiday.
Any individual receiving or entitled to receive wages as provided in
this Section shall be ineligible for benefits for any week in which the
sums, so designated or attributed to such normal work days, equal or
exceed his weekly benefit amount. If no amount is so paid or owing, or
if in any week the amount so paid or owing is insufficient to attribute
any sum as wages, or if the amount so designated or attributed as wages
is less than such individual's weekly benefit amount, he shall be deemed
"unemployed" as defined in Section 239.
(Source: P.A. 81-1521.)
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