State of Illinois
92nd General Assembly

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SB837 Enrolled                                 LRB9200920TAtm

 1        AN  ACT  to  amend  the  Sick  Leave Bank Act by changing
 2    Section 10.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Sick  Leave  Bank  Act  is  amended by
 6    changing Section 10 as follows:

 7        (5 ILCS 400/10) (from Ch. 127, par. 4260)
 8        Sec. 10.  Administration of  Act.  The  Department  shall
 9    establish  a  plan  allowing  participating employees in each
10    Agency to bank  a  designated  amount  or  portion  of  their
11    accrued  sick  leave  in  a sick leave bank to be used by any
12    participating employee in the Agency who has exhausted his or
13    her accrued vacation time,  personal  days,  sick  leave  and
14    compensatory  time.  The  Department  shall  promulgate rules
15    governing the operation of the plan subject, however, to  the
16    following restrictions and limitations:
17        (a)  Participation  in  the sick leave bank shall, at all
18    times, be voluntary on the part of any employee.
19        (b)  A participating employee may deposit into  the  sick
20    leave  bank  as  much  accrued sick leave as desired provided
21    that the participating employee shall retain in  his  or  her
22    own account at least 5 10 sick days.
23        (c)  Any  sick  leave  in  the  sick leave bank used by a
24    participating employee shall  be  only  for  that  employee's
25    personal catastrophic illness or injury.
26        (d)  A  participating  employee  shall not use sick leave
27    accumulated in the sick leave bank until all of  his  or  her
28    accrued   vacation   time,  personal  days,  sick  leave  and
29    compensatory time have been used.
30        (e)  Injuries and illnesses that  are  compensable  under
31    the   Workers'  Compensation  Act  or  Workers'  Occupational
SB837 Enrolled              -2-                LRB9200920TAtm
 1    Diseases Act shall not be eligible for sick leave bank use.
 2        (f)  Participating employees who transfer from one Agency
 3    to another may transfer their participation in the sick leave
 4    bank.
 5        (g)  An employee who cancels his or her participation  in
 6    the  sick  leave  bank  shall not be eligible to withdraw the
 7    sick leave time he or she has contributed to the pool.
 8        (h)  Any abuse of the use of the sick leave bank shall be
 9    investigated by the Agency and  the  Department  and  upon  a
10    finding   of  wrongdoing  on  the  part  of  a  participating
11    employee, that employee shall repay all sick leave days drawn
12    from the sick leave  bank  and  shall  be  subject  to  other
13    disciplinary action.
14        (i)  Provisions for appeal of adverse decisions affecting
15    a  participating  employee's use of the sick leave bank shall
16    be made by rule adopted by the Department.
17        (j)  Accumulation of sick leave in the  sick  leave  bank
18    shall  be on an Agency by Agency basis but procedures adopted
19    by rule for the operation of the sick  leave  bank  shall  be
20    uniform among all Agencies.
21        (k)  Upon  termination,  retirement,  or death, neither a
22    participating  employee  nor  the  participating   employee's
23    estate  shall  be  entitled  to payment for unused sick leave
24    acquired from the sick leave bank.
25    (Source: P.A. 87-822.)

26        Section 99.  Effective date.  This Act takes effect  upon
27    becoming law.

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