Bill Amendment: IL SB2799 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: EMPLOYMENT-NURSE AGENCY
Status: 2017-01-13 - Public Act . . . . . . . . . 99-0921 [SB2799 Detail]
Download: Illinois-2015-SB2799-House_Amendment_002.html
Bill Title: EMPLOYMENT-NURSE AGENCY
Status: 2017-01-13 - Public Act . . . . . . . . . 99-0921 [SB2799 Detail]
Download: Illinois-2015-SB2799-House_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 2799
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2 | AMENDMENT NO. ______. Amend Senate Bill 2799, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Employee Sick Leave Act is amended by | ||||||
6 | changing Sections 5, 10, 20, and 25 and by adding Section 21 as | ||||||
7 | follows:
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8 | (820 ILCS 191/5)
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9 | Sec. 5. Definitions. In this Act: | ||||||
10 | "Department" means the Department of Labor. | ||||||
11 | "Personal sick leave benefits" means any paid or unpaid | ||||||
12 | time accrued and available to an employee as provided through | ||||||
13 | an employment benefit plan or paid time off policy to be used | ||||||
14 | as a result of absence from work due to personal illness, | ||||||
15 | injury, or medical appointment . An employment benefit plan or | ||||||
16 | paid time off policy does not include long term disability, |
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1 | short term disability, an insurance policy, or other comparable | ||||||
2 | benefit plan or policy. , but does not include absences from | ||||||
3 | work for which compensation is provided through an employer's | ||||||
4 | plan.
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5 | (Source: P.A. 99-841, eff. 1-1-17 .)
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6 | (820 ILCS 191/10)
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7 | Sec. 10. Use of leave; limitations. | ||||||
8 | (a) An employee may use personal sick leave benefits | ||||||
9 | provided by the employer for absences due to an illness, | ||||||
10 | injury, or medical appointment of the employee's child, | ||||||
11 | stepchild, spouse, domestic partner, sibling, parent, | ||||||
12 | mother-in-law, father-in-law, grandchild, grandparent, or | ||||||
13 | stepparent, for reasonable periods of time as the employee's | ||||||
14 | attendance may be necessary, on the same terms upon which the | ||||||
15 | employee is able to use personal sick leave benefits for the | ||||||
16 | employee's own illness or injury. An employer may request | ||||||
17 | written verification of the employee's absence from a health | ||||||
18 | care professional if such verification is required under the | ||||||
19 | employer's employment benefit plan or paid time off policy. | ||||||
20 | (b) An employer may limit the use of personal sick leave | ||||||
21 | benefits provided by the employer for absences due to an | ||||||
22 | illness, injury, or medical appointment of the employee's | ||||||
23 | child, stepchild, spouse, domestic partner, sibling, parent, | ||||||
24 | mother-in-law, father-in-law, grandchild, grandparent, or | ||||||
25 | stepparent to an amount not less than the personal sick leave |
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1 | that would be earned or accrued during 6 months at the | ||||||
2 | employee's then current rate of entitlement. For employers who | ||||||
3 | base personal sick leave benefits on an employee's years of | ||||||
4 | service instead of annual or monthly accrual, such employer may | ||||||
5 | limit the amount of sick leave to be used under this Act to | ||||||
6 | half of the employee's maximum annual grant. | ||||||
7 | (c) An employer who provides personal sick leave benefits | ||||||
8 | or has a paid time off policy that would otherwise provide | ||||||
9 | benefits as required under subsections (a) and (b) shall not be | ||||||
10 | required to modify such benefits policy .
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11 | (Source: P.A. 99-841, eff. 1-1-17 .)
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12 | (820 ILCS 191/20)
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13 | Sec. 20. Retaliation prohibited. An employer shall not | ||||||
14 | deny an employee the right to use personal sick leave benefits | ||||||
15 | in accordance with this Act or discharge, threaten to | ||||||
16 | discharge, demote, suspend, or in any manner discriminate | ||||||
17 | against an employee for using personal sick leave benefits, | ||||||
18 | attempting to exercise the right to use personal sick leave | ||||||
19 | benefits, filing a complaint with the Illinois Department of | ||||||
20 | Labor or alleging a violation of this Act, cooperating in an | ||||||
21 | investigation or prosecution of an alleged violation of this | ||||||
22 | Act, or opposing any policy or practice or act that is | ||||||
23 | prohibited by this Act. Nothing in this Section prohibits an | ||||||
24 | employer from applying the terms and conditions set forth in | ||||||
25 | the employment benefit plan or paid time off policy applicable |
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1 | to personal sick leave benefits.
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2 | (Source: P.A. 99-841, eff. 1-1-17 .)
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3 | (820 ILCS 191/21 new) | ||||||
4 | Sec. 21. Employments exempted from coverage. | ||||||
5 | (a) This Act does not apply to an employee of an employer | ||||||
6 | subject to the provisions of Title II of the Railway Labor Act | ||||||
7 | (45 U.S.C. 181 et seq.) or to an employer or employee as | ||||||
8 | defined in either the federal Railroad Unemployment Insurance | ||||||
9 | Act (45 U.S.C. 351 et seq) or the Federal Employers' Liability | ||||||
10 | Act, United States Code, Title 45, Sections 51 through 60, or | ||||||
11 | other comparable federal law. | ||||||
12 | (b) Nothing in this Act shall be construed to invalidate, | ||||||
13 | diminish, or otherwise interfere with any collective | ||||||
14 | bargaining agreement nor shall it be construed to invalidate, | ||||||
15 | diminish, or otherwise interfere with any party's power to | ||||||
16 | collectively bargain such an agreement. | ||||||
17 | (c) This Act does not apply to any other employment | ||||||
18 | expressly exempted under rules adopted by the Department as | ||||||
19 | necessary to implement this Act in accordance with applicable | ||||||
20 | State and federal law.
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21 | (820 ILCS 191/25)
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22 | Sec. 25. Rules. The Department may adopt rules to implement | ||||||
23 | this Act is prohibited from adopting any rules in contravention | ||||||
24 | of this Act .
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1 | (Source: P.A. 99-841, eff. 1-1-17 .)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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