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Public Act 099-0841 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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.
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Section 99. Effective date. This Act takes effect on | ||
January 1, 2017.
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