Attention Illinois employers, starting January 1, 2019, all Illinois employers will be required to reimburse employees for “all necessary expenses that are incurred by the employee with the employee’s scope of employment and that are directly related to services performed for the employer.” We previously reported on this new law in “NEW LAW – Illinois To Require Business Expense Reimbursement.”
In preparing for this new law, it is recommended that employers take note of the wide array of “business-related expenses” that an employee can incur, like
- Mileage for work-related travel
- Personal cell phone use for work purposes (including checking work emails)
- Work-related expenses for remote employees (eg internet access, office supplies)
- Costs associated with work-related travel (mileage, but also hotels, meals, air fare, parking, etc)
It is recommended that all Illinois employers develop a written business expense reimbursement policy that sets forth the steps an employee must follow to have their business expenses reimbursed. Remember, employees are not entitled to reimbursement if they fail to follow an established, written expense reimbursement policy.
Illinois Governor Bruce Rauner recently signed Senate Bill 2999, an amendment to the Illinois Wage Payment and Collection Act into law. This amendment, which goes into effect on January 1, 2019, will require all Illinois employers to “reimburse an employee for all necessary expenditures or losses incurred by the employee within the employee’s scope of employment and directly related to services performed for the employer.”
For purposes of the new law, the term “”necessary expenditures” means all reasonable expenditures or losses required of the employee in the discharge of employment duties and that inure to the primary benefit of the employer. The law makes it clear that employers are not required to reimburse employees for losses due to an employee’s own negligence, losses due to normal wear, or losses due to theft unless the theft was a result of the employer’s negligence.
In order to obtain reimbursement, an employee will be required to submit any necessary expenditure with appropriate supporting documentation within 30 calendar days after incurring the expense. In the event that the employee does not have “supporting documentation” relating to the expense (i.e. the documentation is nonexistent, missing, or lost), the employee must submit a signed statement regarding any such receipts in order to be reimbursed. Continue reading NEW LAW – Illinois To Require Business Expense Reimbursement