The Social Fund Cold Weather Payments (General) Amendment

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Publisher: TSO (October 10, 2011)

ISBN: 0111515890

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Related laws:  Currently, Illinois does not have a sick pay law mandating that employers provide a certain level of sick time.  However, a sick pay ordinance has already been passed in Chicago and a sick pay ordinance is pending in Cook County.

What the law requires:  The law require employers that have “personal sick leave benefits” (which presumably means sick days) to allow the use of such benefits for a family member, including an employee’s child, spouse, domestic partner, sibling, parent, parent-in-law, grandchild, grandparent,  or stepparent.  Note there is a drafting error in the statute; one subsection does not include domestic partners, but it does appear that the use of personal sick leave benefits for a domestic partner is covered.

What this means: Sick policies that limit the use of sick time to the employee’s own illness are no longer lawful in Illinois.

What is a personal sick leave benefit:  The law uses the term “personal sick leave benefits”,  which is defined as time accrued and available to the employee to be used as a result of absence from work due to personal illness, injury or medical appointment.

What is excluded:   Personal sick leave benefits do not include “absences from work for which compensation is provided through an employer’s plan.” This is believed to be intended to cover short term and long term disability programs, although the law does not state that specifically.

What kinds of absences it covers:  The sick time can be used for absences due to an illness, injury or medical appointment of the family member.

Limitations on use:    An employer may limit the usage of such personal sick benefits for a family member to 1/2 of the allotted time (the statute states the limitation may not be less than the personal sick leave that would be accrued during 6 months at the employee’s then current rate of entitlement.)

Relationship to other rights:  The rights and remedies under this law are in addition to any other rights afforded by contract or under other provisions of law download.

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