Public Act 099-0841
 
HB6162 EnrolledLRB099 18403 JLS 42779 b


  
    AN ACT concerning employment.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 1. Short title. This Act may be cited as the 
Employee Sick Leave Act.
 
    Section 5. Definitions. In this Act:
    "Department" means the Department of Labor.
    "Personal sick leave benefits" means time accrued and 
available to an employee to be used as a result of absence from 
work due to personal illness, injury, or medical appointment, 
but does not include absences from work for which compensation 
is provided through an employer's plan.
 
    Section 10. Use of leave; limitations.
    (a) An employee may use personal sick leave benefits 
provided by the employer for absences due to an illness, 
injury, or medical appointment of the employee's child, spouse, 
sibling, parent, mother-in-law, father-in-law, grandchild, 
grandparent, or stepparent, for reasonable periods of time as 
the employee's attendance may be necessary, on the same terms 
upon which the employee is able to use sick leave benefits for 
the employee's own illness or injury.
    (b) An employer may limit the use of personal sick leave 
benefits provided by the employer for absences due to an 
illness, injury, or medical appointment of the employee's 
child, spouse, domestic partner, sibling, parent, 
mother-in-law, father-in-law, grandchild, grandparent, or 
stepparent to an amount not less than the personal sick leave 
that would be accrued during 6 months at the employee's then 
current rate of entitlement.
    (c) An employer who has a paid time off policy that would 
otherwise provide benefits as required under subsections (a) 
and (b) shall not be required to modify such policy.
 
    Section 15. Rights and remedies.  The rights and remedies 
specified in this Act are in addition to any other rights or 
remedies afforded by contract or under other provisions of law.  
This Act does not prevent an employer from providing greater 
sick leave benefits than are provided for under this Act.  This 
Act does not extend the maximum period of leave to which an 
employee is entitled under the federal Family and Medical Leave 
Act of 1993, regardless of whether the employee receives sick 
leave compensation during that leave.
 
    Section 20. Retaliation prohibited.  An employer shall not 
deny an employee the right to use personal sick leave benefits 
in accordance with this Act or discharge, threaten to 
discharge, demote, suspend, or in any manner discriminate 
against an employee for using personal sick leave benefits, 
attempting to exercise the right to use personal sick leave 
benefits, filing a complaint with the  Illinois Department of 
Labor or alleging a violation of this Act, cooperating in an 
investigation or prosecution of an alleged violation of this 
Act, or opposing any policy or practice or act that is 
prohibited by this Act.
 
    Section 25. Rules. The Department is prohibited from  
adopting any rules in contravention of  this Act. 
 
 
    Section 99. Effective date. This Act takes effect on 
January 1, 2017.