Public Act 096-1417
 
SB3818 EnrolledLRB096 20653 WGH 36368 b



    AN ACT concerning employment.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The Family Military Leave Act is amended  by 
changing Sections 5 and  10 as follows:
 
    (820 ILCS 151/5)

    Sec. 5. Definitions. In this Act:
    "Employee" means any person who may be permitted, required, 
or directed by an employer in consideration of direct or 
indirect gain or profit to engage in any employment.  "Employee" 
does include an independent contractor. "Employee" includes an 
employee of a covered employer who has been employed by the 
same employer for at least 12 months, and has been employed for 
at least 1,250 hours of service during the 12-month period 
immediately preceding the commencement of the leave.
    "Employee benefits" means all benefits, other than salary 
and wages, provided or made available to employees by an 
employer and includes group life insurance, health insurance, 
disability insurance and pensions, regardless of whether 
benefits are provided by a policy or practice of an employer. 
    "Employer" means (1) any person, partnership, corporation, 
association, or other business entity; and (2) the State of 
Illinois, municipalities and other units of local government.   
    "Family military leave" means leave requested by an 
employee who is the spouse,  or parent, child, or grandparent  of 
a person called to military service lasting longer than 30 days 
with the State or United States pursuant to the orders of the 
Governor or the President of the United States.  

(Source: P.A. 94-589, eff. 8-15-05.)
 
    (820 ILCS 151/10)
    Sec. 10. Family Military Leave Requirement.   
    (a) Any employer, as defined in Section 5 of this Act, that 
employs between 15 and 50 employees shall provide up to 15 days 
of unpaid family military leave to an employee during the time 
federal or State deployment orders are in effect, subject to 
the conditions set forth in this Section.  Family military leave 
granted under this Act may consist of unpaid leave. 
    (b) An employer, as defined in Section 5 of this Act, that 
employs more than 50 employees shall provide up to 30 days of 
unpaid family military leave to an employee during the time 
federal or State deployment orders are in effect, subject to 
the conditions set forth in this Section.  Family military leave 
granted under this Act may consist of unpaid leave.   The number 
of days of leave provided to an employee under this subsection 
(b) because the employee's spouse or child is called to 
military service shall be reduced by the number of days of 
leave provided to the employee under subdivision (a)(1)(E) of 
Section 102 of the Family and Medical Leave Act of 1993 because 
of any qualifying exigency arising out of the fact that the 
employee's spouse or child  is on covered active duty as defined 
in that Act (or has been notified of an impending call or order 
to covered active duty) in the Armed Forces. 
    (c) The employee shall give at least 14 days notice of the 
intended date upon which the family military leave will 
commence if leave will consist of 5 or more consecutive work 
days.  Where able, the employee shall consult with the employer 
to schedule the leave so as to not unduly disrupt the 
operations of the employer.  Employees taking military family 
leave for less than 5 consecutive days shall give the employer 
advanced notice as is practicable.   The employer may require 
certification from the proper military authority to verify the 
employee's eligibility for the family military leave 
requested.  
    (d) An employee shall not take leave as provided under this 
Act unless he or she has exhausted all accrued vacation leave, 
personal leave, compensatory leave, and any other leave that 
may be granted to the employee, except sick leave and 
disability leave.
(Source: P.A. 94-589, eff. 8-15-05.)