Bill Text: IL SB2799 | 2015-2016 | 99th General Assembly | Enrolled
Bill Title: Amends the Department of Employment Security Law of the Civil Administrative Code of Illinois and the Department of Labor Law of the Civil Administrative Code of Illinois. Provides that the Department of Employment Security rather than the Department of Labor shall monitor the employment progress of women and minorities in the workforce and report to the General Assembly. Amends the Nurse Agency Licensing Act. Requires the nurse agency to check the Health Care Worker Registry (rather than contact the Department of Public Health) before employing, assigning, or referring a certified nurse aide to verify that the certified nurse aide is eligible to be hired by health care employers or long-term care facilities pursuant to the Health Care Worker Background Check Act.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2017-01-13 - Public Act . . . . . . . . . 99-0921 [SB2799 Detail]
Download: Illinois-2015-SB2799-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Employee Sick Leave Act is amended by | ||||||
5 | changing Sections 5, 10, 20, and 25 and by adding Section 21 as | ||||||
6 | follows:
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7 | (820 ILCS 191/5)
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8 | Sec. 5. Definitions. In this Act: | ||||||
9 | "Department" means the Department of Labor. | ||||||
10 | "Personal sick leave benefits" means any paid or unpaid | ||||||
11 | time accrued and available to an employee as provided through | ||||||
12 | an employment benefit plan or paid time off policy to be used | ||||||
13 | as a result of absence from work due to personal illness, | ||||||
14 | injury, or medical appointment . An employment benefit plan or | ||||||
15 | paid time off policy does not include long term disability, | ||||||
16 | short term disability, an insurance policy, or other comparable | ||||||
17 | benefit plan or policy. , but does not include absences from | ||||||
18 | work for which compensation is provided through an employer's | ||||||
19 | plan.
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20 | (Source: P.A. 99-841, eff. 1-1-17 .)
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21 | (820 ILCS 191/10)
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22 | Sec. 10. Use of leave; limitations. |
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1 | (a) An employee may use personal sick leave benefits | ||||||
2 | provided by the employer for absences due to an illness, | ||||||
3 | injury, or medical appointment of the employee's child, | ||||||
4 | stepchild, spouse, domestic partner, sibling, parent, | ||||||
5 | mother-in-law, father-in-law, grandchild, grandparent, or | ||||||
6 | stepparent, for reasonable periods of time as the employee's | ||||||
7 | attendance may be necessary, on the same terms upon which the | ||||||
8 | employee is able to use personal sick leave benefits for the | ||||||
9 | employee's own illness or injury. An employer may request | ||||||
10 | written verification of the employee's absence from a health | ||||||
11 | care professional if such verification is required under the | ||||||
12 | employer's employment benefit plan or paid time off policy. | ||||||
13 | (b) An employer may limit the use of personal sick leave | ||||||
14 | benefits provided by the employer for absences due to an | ||||||
15 | illness, injury, or medical appointment of the employee's | ||||||
16 | child, stepchild, spouse, domestic partner, sibling, parent, | ||||||
17 | mother-in-law, father-in-law, grandchild, grandparent, or | ||||||
18 | stepparent to an amount not less than the personal sick leave | ||||||
19 | that would be earned or accrued during 6 months at the | ||||||
20 | employee's then current rate of entitlement. For employers who | ||||||
21 | base personal sick leave benefits on an employee's years of | ||||||
22 | service instead of annual or monthly accrual, such employer may | ||||||
23 | limit the amount of sick leave to be used under this Act to | ||||||
24 | half of the employee's maximum annual grant. | ||||||
25 | (c) An employer who provides personal sick leave benefits | ||||||
26 | or has a paid time off policy that would otherwise provide |
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1 | benefits as required under subsections (a) and (b) shall not be | ||||||
2 | required to modify such benefits policy .
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3 | (Source: P.A. 99-841, eff. 1-1-17 .)
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4 | (820 ILCS 191/20)
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5 | Sec. 20. Retaliation prohibited. An employer shall not | ||||||
6 | deny an employee the right to use personal sick leave benefits | ||||||
7 | in accordance with this Act or discharge, threaten to | ||||||
8 | discharge, demote, suspend, or in any manner discriminate | ||||||
9 | against an employee for using personal sick leave benefits, | ||||||
10 | attempting to exercise the right to use personal sick leave | ||||||
11 | benefits, filing a complaint with the Illinois Department of | ||||||
12 | Labor or alleging a violation of this Act, cooperating in an | ||||||
13 | investigation or prosecution of an alleged violation of this | ||||||
14 | Act, or opposing any policy or practice or act that is | ||||||
15 | prohibited by this Act. Nothing in this Section prohibits an | ||||||
16 | employer from applying the terms and conditions set forth in | ||||||
17 | the employment benefit plan or paid time off policy applicable | ||||||
18 | to personal sick leave benefits.
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19 | (Source: P.A. 99-841, eff. 1-1-17 .)
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20 | (820 ILCS 191/21 new) | ||||||
21 | Sec. 21. Employments exempted from coverage. | ||||||
22 | (a) This Act does not apply to an employee of an employer | ||||||
23 | subject to the provisions of Title II of the Railway Labor Act | ||||||
24 | (45 U.S.C. 181 et seq.) or to an employer or employee as |
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1 | defined in either the federal Railroad Unemployment Insurance | ||||||
2 | Act (45 U.S.C. 351 et seq.) or the Federal Employers' Liability | ||||||
3 | Act, United States Code, Title 45, Sections 51 through 60, or | ||||||
4 | other comparable federal law. | ||||||
5 | (b) Nothing in this Act shall be construed to invalidate, | ||||||
6 | diminish, or otherwise interfere with any collective | ||||||
7 | bargaining agreement nor shall it be construed to invalidate, | ||||||
8 | diminish, or otherwise interfere with any party's power to | ||||||
9 | collectively bargain such an agreement. | ||||||
10 | (c) This Act does not apply to any other employment | ||||||
11 | expressly exempted under rules adopted by the Department as | ||||||
12 | necessary to implement this Act in accordance with applicable | ||||||
13 | State and federal law.
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14 | (820 ILCS 191/25)
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15 | Sec. 25. Rules. The Department may adopt rules to implement | ||||||
16 | this Act is prohibited from adopting any rules in contravention | ||||||
17 | of this Act .
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18 | (Source: P.A. 99-841, eff. 1-1-17 .)
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
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