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| Public Act 100-0895 | ||||
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AN ACT concerning finance.
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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 | ||||
Government Severance Pay Act. | ||||
Section 5. Definitions. As used in this Act:
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"Misconduct" includes, but is not limited to, the | ||||
following:
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(1) Conduct demonstrating conscious disregard of an | ||||
employer's interests and found to be a deliberate violation | ||||
or disregard of the reasonable standards of behavior which | ||||
the employer expects of his or her employee. Such conduct | ||||
may include, but is not limited to, willful damage to an | ||||
employer's property that results in damage of more than | ||||
$50, or theft of employer property or property of a | ||||
customer or invitee of the employer.
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(2) Carelessness or negligence to a degree or | ||||
recurrence that manifests culpability or wrongful intent, | ||||
or shows an intentional and substantial disregard of the | ||||
employer's interests or of the employee's duties and | ||||
obligations to his or her employer.
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(3) Chronic absenteeism or tardiness in deliberate | ||||
violation of a known policy of the employer or one or more | ||||
unapproved absences following a written reprimand or | ||
warning relating to more than one unapproved absence.
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(4) A willful and deliberate violation of a standard or | ||
regulation of this State by an employee of an employer | ||
licensed or certified by this State, which violation would | ||
cause the employer to be sanctioned or have its license or | ||
certification suspended by this State.
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(5) A violation of an employer's rule, unless the | ||
claimant can demonstrate that:
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(A) he or she did not know, and could not | ||
reasonably know, of the rule's requirements;
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(B) the rule is not lawful or not reasonably | ||
related to the job environment and performance; or
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(C) the rule is not fairly or consistently | ||
enforced.
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(6) Other conduct, including, but not limited to, | ||
committing criminal assault or battery on another | ||
employee, or on a customer or invitee of the employer, or | ||
committing abuse or neglect of a patient, resident, | ||
disabled person, elderly person, or child in her or his | ||
professional care.
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"Severance pay" means the actual or constructive | ||
compensation, including salary, benefits, or perquisites, for | ||
employment services yet to be rendered which is provided to an | ||
employee who has recently been or is about to be terminated.
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"Unit of government" means and includes all boards, | ||
commissions, agencies, institutions, authorities, and bodies | ||
politic and corporate of the State, created by or in accordance | ||
with the constitution or statute, of the executive branch of | ||
State government and does include colleges, universities, and | ||
institutions under the jurisdiction of the governing boards of | ||
the University of Illinois, Southern Illinois University, | ||
Illinois State University, Eastern Illinois University, | ||
Northern Illinois University, Western Illinois University, | ||
Chicago State University, Governors State University, | ||
Northeastern Illinois University, and the Board of Higher | ||
Education. "Unit of government" also includes units of local | ||
government, school districts, and community colleges under the | ||
Public Community College Act.
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Section 10. Severance pay.
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(a) A unit of government that enters into a contract or | ||
employment agreement, or renewal or renegotiation of an | ||
existing contract or employment agreement, that contains a | ||
provision for severance pay with an officer, agent, employee, | ||
or contractor must include the following provisions in the | ||
contract:
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(1) a requirement that severance pay provided may not | ||
exceed an amount greater than 20 weeks of compensation; and
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(2) a prohibition of provision of severance pay when | ||
the officer, agent, employee, or contractor has been fired | ||
for misconduct by the unit of government.
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(b) Nothing in this Section creates an entitlement to | ||
severance pay in the absence of its contractual authorization | ||
or as otherwise authorized by law.
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