HB4509 99TH GENERAL ASSEMBLY

LRB099 14584 SXM 38717 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4509

Introduced , by Rep. Joe Sosnowski

SYNOPSIS AS INTRODUCED:

820 ILCS 115/5

from Ch. 48, par. 39m-5

Amends provisions of the Illinois Wage Payment and Collection Act requiring the payment of the monetary equivalent of all earned vacation time to an employee who resigns or is terminated without having taken all earned vacation time. Provides that, if the employee is terminating employment with the State of Illinois or a political subdivision of the State, the payment shall be made to the employee at least 90 days but not more than 120 days after termination of employment, unless otherwise provided in a collective bargaining agreement.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning employment.

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

Section 5. The Illinois Wage Payment and Collection Act is amended by changing Section 5 as follows:

(820 ILCS 115/5) (from Ch. 48, par. 39m-5)

Sec. 5. Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the next regularly scheduled payday for such employee. Where such employee requests in writing that his final compensation be paid by check and mailed to him, the employer shall comply with this request.

Unless otherwise provided in a collective bargaining agreement, whenever a contract of employment or employment policy provides for paid vacations, and an employee resigns or is terminated without having taken all vacation time earned in accordance with such contract of employment or employment policy, the monetary equivalent of all earned vacation shall be paid to him or her as part of his or her final compensation at his or her final rate of pay and no employment contract or employment policy shall provide for forfeiture of earned vacation time upon separation. If the employee is terminating employment with the State of Illinois or a political subdivision thereof, such payment shall be made to him or her at least 90 days, but not more than 120 days, after termination of employment, unless otherwise provided in a collective bargaining agreement.

(Source: P.A. 83-199.)