Public Act 100-1094
 
SB2999 EnrolledLRB100 20681 JLS 36134 b


  
    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 adding Section 9.5 as follows:
 
    (820 ILCS 115/9.5 new)
    Sec. 9.5. Reimbursement of employee expenses.
    (a) An employer shall reimburse an employee for all 
necessary expenditures or losses incurred by the employee 
within the employee's scope of employment and directly related 
to services performed for the employer. As used in this 
Section, "necessary expenditures" means all reasonable 
expenditures or losses required of the employee in the 
discharge of employment duties and that inure to the primary 
benefit of the employer. An employer is not responsible for 
losses due to an employee's own negligence, losses due to 
normal wear, or losses due to theft unless the theft was a 
result of the employer's negligence. An employee shall submit 
any necessary expenditure with appropriate supporting 
documentation within 30 calendar days after incurring the 
expense, except that an employer may provide additional time 
for submitting requests for reimbursement in a written expense 
reimbursement policy. Where supporting documentation is 
nonexistent, missing, or lost, the employee shall submit a 
signed statement regarding any such receipts.
    (b)  An employee is not entitled to reimbursement under this 
Section if (i) the employer has an established written expense 
reimbursement policy and (ii) the employee failed to comply 
with the written expense reimbursement policy. An employer is 
not liable under this Section unless the employer authorized or 
required the employee to incur the necessary expenditure or the 
employer failed to comply with its own written expense 
reimbursement policy. If the written expense reimbursement 
policy of an employer establishes specifications or guidelines 
for necessary expenditures, the employer is not liable under 
this Section for the portion of the expenditure amount that 
exceeds the specifications or guidelines of the policy so long 
as the employer does not institute a policy that provides for 
no reimbursement or de minimis reimbursement.
    (c) To ensure consistency with federal law, any rules 
adopted by the Department and interpretation of this Section 
shall be consistent and not in conflict with federal 
regulations and guidelines regarding employer requirements for 
reimbursement of employee expenses.


Effective Date:  1/1/2019