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1 | AN ACT concerning employment.
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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 Illinois Wage Payment and Collection Act is | ||||||
5 | amended by adding Section 9.5 as follows:
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6 | (820 ILCS 115/9.5 new) | ||||||
7 | Sec. 9.5. Reimbursement of employee expenses. | ||||||
8 | (a) An employer shall reimburse an employee for all | ||||||
9 | necessary expenditures or losses incurred by the employee | ||||||
10 | within the employee's scope of employment and directly related | ||||||
11 | to services performed for the employer. As used in this | ||||||
12 | Section, "necessary expenditures" means all reasonable | ||||||
13 | expenditures or losses required of the employee in the | ||||||
14 | discharge of employment duties and that inure to the primary | ||||||
15 | benefit of the employer. An employer is not responsible for | ||||||
16 | losses due to an employee's own negligence, losses due to | ||||||
17 | normal wear, or losses due to theft unless the theft was a | ||||||
18 | result of the employer's negligence. An employee shall submit | ||||||
19 | any necessary expenditure with appropriate supporting | ||||||
20 | documentation within 30 calendar days after incurring the | ||||||
21 | expense, except that an employer may provide additional time | ||||||
22 | for submitting requests for reimbursement in a written expense | ||||||
23 | reimbursement policy. Where supporting documentation is |
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1 | nonexistent, missing, or lost, the employee shall submit a | ||||||
2 | signed statement regarding any such receipts. | ||||||
3 | (b) An employee is not entitled to reimbursement under this | ||||||
4 | Section if (i) the employer has an established written expense | ||||||
5 | reimbursement policy and (ii) the employee failed to comply | ||||||
6 | with the written expense reimbursement policy. An employer is | ||||||
7 | not liable under this Section unless the employer authorized or | ||||||
8 | required the employee to incur the necessary expenditure or the | ||||||
9 | employer failed to comply with its own written expense | ||||||
10 | reimbursement policy. If the written expense reimbursement | ||||||
11 | policy of an employer establishes specifications or guidelines | ||||||
12 | for necessary expenditures, the employer is not liable under | ||||||
13 | this Section for the portion of the expenditure amount that | ||||||
14 | exceeds the specifications or guidelines of the policy so long | ||||||
15 | as the employer does not institute a policy that provides for | ||||||
16 | no reimbursement or de minimis reimbursement. | ||||||
17 | (c) To ensure consistency with federal law, any rules | ||||||
18 | adopted by the Department and interpretation of this Section | ||||||
19 | shall be consistent and not in conflict with federal | ||||||
20 | regulations and guidelines regarding employer requirements for | ||||||
21 | reimbursement of employee expenses.
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