State of Illinois
Public Acts
92^nd General Assembly

Public Act 92-0317

SB837 Enrolled                                 LRB9200920TAtm

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

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

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

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

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 17, 2001.
    Approved August 09, 2001.