Public Act 099-0921
 
SB2799 EnrolledLRB099 20538 SMS 45083 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Employee Sick Leave Act is amended  by 
changing Sections 5, 10, 20, and 25 and  by adding Section 21 as 
follows:
 
    (820 ILCS 191/5)

    Sec. 5. Definitions. In this Act:
    "Department" means the Department of Labor.
    "Personal sick leave benefits" means any paid or unpaid 
time accrued and available to an employee as provided through 
an employment benefit plan or paid time off policy to be used 
as a result of absence from work due to personal illness, 
injury, or medical appointment. An employment benefit plan or 
paid time off policy does not include long term disability, 
short term disability, an insurance policy, or other comparable 
benefit plan or policy. , but does not include absences from 
work for which compensation is provided through an employer's 
plan.

(Source: P.A. 99-841, eff. 1-1-17.)
 
    (820 ILCS 191/10)

    Sec. 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, 
stepchild, spouse, domestic partner, 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 personal sick leave benefits for the 
employee's own illness or injury. An employer may request 
written verification of the employee's absence from a health 
care professional if such verification is required under the 
employer's employment benefit plan or paid time off policy. 
    (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, stepchild, 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 earned or accrued during 6 months at the 
employee's then current rate of entitlement. For employers who 
base personal sick leave benefits on an employee's years of 
service instead of annual or monthly accrual, such employer may 
limit the amount of sick leave to be used under this Act to 
half of the employee's maximum annual grant. 
    (c) An employer who provides personal sick leave benefits 
or 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 benefits policy.

(Source: P.A. 99-841, eff. 1-1-17.)
 
    (820 ILCS 191/20)

    Sec. 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. Nothing in this Section prohibits an 
employer from applying the terms and conditions set forth in 
the employment benefit plan or paid time off policy applicable 
to personal sick leave benefits. 

(Source: P.A. 99-841, eff. 1-1-17.)
 
    (820 ILCS 191/21 new)
    Sec. 21. Employments exempted from coverage.
    (a) This Act does not apply to an employee of an employer 
subject to the provisions of Title II of the Railway Labor Act 
(45 U.S.C. 181 et seq.) or to an employer or employee as 
defined in either the federal Railroad Unemployment Insurance 
Act (45 U.S.C. 351 et seq.) or the Federal Employers' Liability 
Act, United States Code, Title 45, Sections 51 through 60, or 
other comparable federal law. 
    (b) Nothing in this Act shall be construed to invalidate, 
diminish, or otherwise interfere with any collective 
bargaining agreement nor shall it be construed to invalidate, 
diminish, or otherwise interfere with any party's power to 
collectively bargain such an agreement. 
    (c) This Act does not apply to any other employment 
expressly exempted under rules adopted by the Department as 
necessary to implement this Act in accordance with applicable 
State and federal law. 
 
    (820 ILCS 191/25)

    Sec. 25. Rules. The Department may adopt rules to implement 
this Act is prohibited from  adopting any rules in contravention 
of  this Act. 

(Source: P.A. 99-841, eff. 1-1-17.)
 

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