Sec; 0.01. Short title. This Act may be cited as the Public Employee Disability Act.
(Source: P.A. 86-1324.)
(5 ILCS 345/1) (from Ch. 70, par. 91)
Sec. 1. Disability benefit.
(a) For the purposes of this Section, "eligible employee" means any part-time or full-time employee.............and any full-time law enforcement officer..........who is employed (by) any unit of local government.......granted the power to employ persons for such purposes by law.
(b) Whenever an eligible employee suffers any injury in the line of duty which causes him to be unable to perform his duties, he shall continue to be paid by the employing public entity on the same basis as he was paid before the injury, with no deduction from his sick leave credits, compensatory time for overtime accumulations or vacation, or service credits in a public employee pension fund during the time he is unable to perform his duties due to the result of the injury, but not longer than one year in relation to the same injury. .............
(c) At any time during the period for which continuing compensation is required by this Act, the employing public entity may order at the expense of that entity physical or medical examinations of the injured person to determine the degree of disability.
(d) During this period of disability, the injured person shall not be employed in any other manner, with or without monetary compensation. ............
(e) Does not apply in this situation.
(f) Does not apply in this situation.
(g) Pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution, this Act specifically denies and limits the exercise by home rule units of any power which is inconsistent herewith, and all existing laws and ordinances which are inconsistent herewith are hereby superseded. ........
(Source: P.A. 88-45; 89-507, eff. 7-1-97. )
As you may or may not know I am an advocate for an individual who has served the City of Woodstock for almost twenty years in a full time capacity in one of the City's Departments. He was injured in the line of duty and it was documented and has since had extensive spinal surgery and will require additional surgery in the near future. How is it that this Public Employee Disability Act has in no positive way aided him in any manner? Not only did it not help him but he was told by the City that he had to use the employee benefits, Family Medical Leave Act and credits he had accrued. This is expressly forbidden in paragraph (b) above.
I would like to know why the Public Employee Disability Act does not apply to this individual who has given 20 years of public service to the City of Woodstock. I would also like to know who made that decision that has dramatically and negatively affected this person's life and family.
The people of Woodstock should want to know why their publicly paid by tax dollars employees are treated in this manner. If I were one of them I would want to know the answers and who was the guiding force of this behavior. To date the injured party has not received one cent under PEDA (Public Employee Disability Act) and it has been over a year.
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