HB 4715

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Full Text of HB4715
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	HB4715 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4715
Introduced , by Rep. Patrick Sheehan
SYNOPSIS AS INTRODUCED:
New Act
Creates the Police Mental Health Leave Act. Provides that a law enforcement officer suffering from a mental illness as a result of a traumatic event shall be entitled to use 5 days of paid mental health leave during any 12-month period. Requires a law enforcement agency to adopt a mental health leave policy that includes specified provisions. Sets forth provisions concerning existing leave policies; employee protections; retaliation; and recordkeeping. Provides for a private right of action.
LRB104 20483 SPS 33953 b
A BILL FOR
		HB4715		LRB104 20483 SPS 33953 b
1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Police
5Mental Health Leave Act.
6    Section 5. Findings; intent.
7    (a) The General Assembly finds that it is in the public
8policy interests of this State for all law enforcement
9personnel working in this State to have some mental health
10days after experiencing a traumatic event while on the job as a
11police officer.
12    (b) It is the intent of the General Assembly:
13        (1) to establish a minimum paid leave standard for
14    police officers after having experienced a traumatic event
15    in the course of employment;
16        (2) to provide employment security and healthy
17    procedures for police officers who need to use paid time
18    off for their own mental health;
19        (3) to safeguard the welfare, health, safety, and
20    prosperity of all police officers sworn by oath to protect
21    the people of this State; and
22        (4) to establish a mental health leave program that
23    does not interfere with a workers' compensation claim for
		HB4715	- 2 -	LRB104 20483 SPS 33953 b
1    an employee's mental health.
2    Section 10. Definitions. As used in this Act:
3    "Employee" means a law enforcement officer as that term is
4defined in the Illinois Police Training Act.
5    "Employer" means a law enforcement agency, local law
6enforcement agency, and state law enforcement agency as those
7terms are defined in the Illinois Police Training Act.
8    "Mental illness" has the meaning given to that term in
9Section 1-129 of the Mental Health and Developmental
10Disabilities Code.
11    "Traumatic event" means an event that occurs within an
12employee's scope of employment that causes the employee
13physical, emotional, or psychological harm, including
14vicarious trauma, and that has the potential to interfere with
15the employee's ability to perform duties effectively.
16"Traumatic event" includes, but is not limited to:
17        (1) an officer-involved shooting;
18        (2) a serious injury to or death of an employee in the
19    line of duty;
20        (3) a serious injury to or death of any person as a
21    result of a police action;
22        (4) a multiple casualty incident;
23        (5) an in-custody death; and
24        (6) a serious injury to or death of a child.
		HB4715	- 3 -	LRB104 20483 SPS 33953 b
1    Section 15. Mental health leave requirements.
2    (a) An employee suffering from a mental illness as a
3result of a traumatic event shall be entitled to use 5 days of
4paid mental health leave during any 12-month period.
5    (b) An employer may require reasonable advanced notice of
6the employee's intention to take leave under subsection (a),
7unless providing notice is not reasonable or practicable.
8    (c) An employer shall adopt a mental health leave policy
9that:
10        (1) provides clear and objective guidelines
11    establishing the circumstances under which an employee may
12    use mental health leave;
13        (2) entitles an employee to use mental health leave
14    without a deduction in salary or other compensation;
15        (3) enumerates the number of mental health leave days
16    available to an employee;
17        (4) provides for a method by which an employee may
18    confidentially request mental health leave; and
19        (5) provides a list of mental health services
20    available to employees in the area of the employer.
21    Section 20. Existing leave policies.
22    (a) An employee who is entitled to take paid or unpaid
23leave, including family, medical, sick, annual, personal, or
24similar leave, in accordance with federal, State, or local
25law, a collective bargaining agreement, or an employment
		HB4715	- 4 -	LRB104 20483 SPS 33953 b
1benefits program or plan may not be required to substitute any
2period of that leave for an equivalent period of leave
3provided under this Act.
4    (b) Nothing in this Act shall be construed to invalidate,
5diminish, or otherwise interfere with any collective
6bargaining agreement, nor shall it be construed to invalidate,
7diminish, or otherwise interfere with any party's power to
8collectively bargain an agreement. The rights afforded under
9this Act serve as the minimum standard in a negotiated
10collective bargaining agreement.
11    Section 25. Employee protections.
12    (a) An employee who takes leave under this Act is
13entitled, on return from the leave:
14        (1) to be restored by the employer to the position of
15    employment held by the employee when the leave commenced;
16    or
17        (2) to be restored to an equivalent position with
18    equivalent employment benefits, pay, and other terms and
19    conditions of employment.
20    (b) The taking of leave under this Act shall not result in
21the loss of any employment benefit accrued prior to the date on
22which the leave commenced.
23    (c) Nothing in this Act shall be construed to entitle any
24restored employee to:
25        (1) the accrual of any seniority or employment
		HB4715	- 5 -	LRB104 20483 SPS 33953 b
1    benefits during any period of leave; or
2        (2) any right, benefit, or position of employment
3    other than any right, benefit, or position to which the
4    employee would have been entitled had the employee not
5    taken the leave.
6    Section 30. Retaliation.
7    (a) It is unlawful for any employer to threaten to take or
8to take any adverse action against an employee because the
9employee:
10        (1) exercises rights or attempts to exercise rights
11    under this Act;
12        (2) opposes practices which the employee believes to
13    be in violation of this Act; or
14        (3) supports the exercise of rights of another under
15    this Act.
16    (b) It is unlawful for any employer to consider the use of
17leave under this Act by an employee as a negative factor in any
18employment action that involves evaluating, promoting,
19disciplining, or counting leave under a no-fault attendance
20policy.
21    Section 35. Private right of action.
22    (a) A civil action may be brought in the circuit court by
23an employee to enforce this Act. The circuit court may enjoin
24any act or practice that violates or may violate this Act and
		HB4715	- 6 -	LRB104 20483 SPS 33953 b
1may order any other equitable relief that is necessary and
2appropriate to redress the violation or to enforce this Act.
3    (b) The right of an employee to bring an action under this
4Section terminates upon the passing of 3 years from the final
5date of performing services to the employer or entity. This
6limitations period is tolled if an employer or entity has
7deterred a person's exercise of rights under this Act.
8    Section 40. Recordkeeping. An employer covered by this Act
9shall record the amount of mental health leave taken under
10this Act by an employee and document the days of leave in the
11employee's record in accordance with the Personnel Record
12Review Act.