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90_HB1781
225 ILCS 46/55
Amends the Health Care Worker Background Check Act to
allow a health care worker suspended from employment based on
an inaccurate criminal background check to recover backpay
from his or her employer for the period of suspension.
LRB9003800DPcc
LRB9003800DPcc
1 AN ACT to amend the Health Care Worker Background Check
2 Act by changing Section 55.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Health Care Worker Background Check Act
6 is amended by changing Section 55 as follows:
7 (225 ILCS 46/55)
8 Sec. 55. Immunity from liability. A health care
9 employer shall not be liable for the failure to hire or to
10 retain an applicant or employee who has been convicted of
11 committing or attempting to commit one or more of the
12 offenses enumerated in Section 25 of the Act. However, if a
13 health care worker is suspended from employment based on the
14 results of a criminal background check conducted under this
15 Act and the results prompting the suspension are subsequently
16 found to be inaccurate, the health care worker is entitled to
17 recover backpay from his or her health care employer for the
18 suspension period.
19 No health care employer shall be chargeable for any
20 benefit charges that result from the payment of unemployment
21 benefits to any claimant when the claimant's separation from
22 that employer occurred because the claimant's criminal
23 background included an offense enumerated in Section 25, or
24 the claimant's separation from that health care employer
25 occurred as a result of the claimant violating a policy that
26 the employer was required to maintain pursuant to the Drug
27 Free Workplace Act.
28 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)