Bill Text: IL HB5648 | 2011-2012 | 97th General Assembly | Introduced

---

Bill Title: Amends the Workers' Compensation Act. Provides that in calculating the average weekly wage with respect to employers with 50 or fewer employees, benefit pay for sick, personal, vacation, or holidays shall not be considered.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5648 Detail]

Download: Illinois-2011-HB5648-Introduced.html

---

97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5648 Introduced 2/15/2012, by Rep. Keith P. Sommer SYNOPSIS AS INTRODUCED:
820 ILCS 305/10 from Ch. 48, par. 138.10
Amends the Workers' Compensation Act. Provides that in calculating the average weekly wage with respect to employers with 50 or fewer employees, benefit pay for sick, personal, vacation, or holidays shall not be considered.
LRB097 19489 JLS 64743 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5648 LRB097 19489 JLS 64743 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Workers' Compensation Act is amended by
changing Section 10 as follows:
(820 ILCS 305/10) (from Ch. 48, par. 138.10)
Sec. 10. The basis for computing the compensation provided
for in Sections 7 and 8 of the Act shall be as follows:
The compensation shall be computed on the basis of the
"Average weekly wage" which shall mean the actual earnings of
the employee in the employment in which he was working at the
time of the injury during the period of 52 weeks ending with
the last day of the employee's last full pay period immediately
preceding the date of injury, illness or disablement excluding
overtime, and bonus divided by 52; but if the injured employee
lost 5 or more calendar days during such period, whether or not
in the same week, then the earnings for the remainder of such
52 weeks shall be divided by the number of weeks and parts
thereof remaining after the time so lost has been deducted.
Where the employment prior to the injury extended over a period
of less than 52 weeks, the method of dividing the earnings
during that period by the number of weeks and parts thereof
during which the employee actually earned wages shall be

HB5648 - 2 - LRB097 19489 JLS 64743 b
followed. Where by reason of the shortness of the time during
which the employee has been in the employment of his employer
or of the casual nature or terms of the employment, it is
impractical to compute the average weekly wages as above
defined, regard shall be had to the average weekly amount which
during the 52 weeks previous to the injury, illness or
disablement was being or would have been earned by a person in
the same grade employed at the same work for each of such 52
weeks for the same number of hours per week by the same
employer. In the case of volunteer firemen, police and civil
defense members or trainees, the income benefits shall be based
on the average weekly wage in their regular employment. When
the employee is working concurrently with two or more employers
and the respondent employer has knowledge of such employment
prior to the injury, his wages from all such employers shall be
considered as if earned from the employer liable for
compensation.
In computing the compensation to be paid by an employer
having 50 or fewer employees, "average weekly wage" shall not
include benefit pay for holidays, or for sick, personal, or
vacation days.
(Source: P.A. 81-1482.)