HB5208eng 104TH GENERAL ASSEMBLY

HB5208 Engrossed LRB104 19697 SPS 33146 b

AN ACT concerning employment.

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

Section 1. This Act may be referred to as the Zachary's Parent Protection Act.

Section 5. The Family Bereavement Leave Act is amended by changing Sections 1, 5, 10, 15, 20, 25, 30 and 35 and by adding Sections 3, 12, and 14 as follows:

(820 ILCS 154/1)

Sec. 1. Short title. This Act may be cited as the Family Bereavement Leave Act.

(Source: P.A. 102-1050, eff. 1-1-23.)

(820 ILCS 154/3 new)

Sec. 3. Findings; legislative intent; construction. The General Assembly finds and declares that:

(1) the General Assembly first enacted this Act as the Child Bereavement Leave Act through Public Act 99-703, effective July 29, 2016;

(2) the General Assembly broadened the protections provided in this Act through Public Act 102-1050, effective June 9, 2022, and renamed it the Family Bereavement Leave Act;

(3) the General Assembly subsequently enacted the Child Extended Bereavement Leave Act as a separate Act through Public Act 103-466, effective August 4, 2023;

(4) these statutory protections for workers grieving the loss of a loved one were made possible by the efforts of parent advocates who championed their passage; and

(5) this Act, which may be cited as the Bereavement Leave Act, is established to provide for comprehensive and effective administration and enforcement of these statutory protections in a single Act.

(820 ILCS 154/5)

Sec. 5. Definitions. In this Act:

"Assisted reproduction" means a method of achieving a pregnancy through an artificial insemination or an embryo transfer and includes gamete and embryo donation. "Assisted reproduction" does not include any pregnancy achieved through sexual intercourse.

"Child" means an employee's child son or daughter who is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis.

"Covered family member" means an employee's child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.

"Department" means the Department of Labor.

"Domestic partner", used with respect to an unmarried employee, includes:

(1) the person recognized as the domestic partner of the employee under any domestic partnership or civil union law of a state or political subdivision of a state; or

(2) an unmarried adult person who is in a committed, personal relationship with the employee, who is not a domestic partner as described in paragraph (1) to or in such a relationship with any other person, and who is designated to the employee's employer by such employee as that employee's domestic partner.

"Department" means the Department of Labor.

"Employee" means any individual permitted to work by an employer in an occupation. "Employee" does not include any individual:

(1) who has been and will continue to be free from control and direction over the performance of the employee's work, both under the employee's contract of service with the employer and in fact;

(2) who performs work which is either outside the usual course of business or is performed outside all of the places of business of the employer unless the employer is in the business of contracting with third parties for the placement of employees; and

(3) who is in an independently established trade, occupation, profession, or business eligible employee, as defined by Section 101(2) of the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).

"Employer" means any individual, sole proprietor, partnership, association, corporation, limited liability company, business trust, or employment and labor placement agency where wage payments are made directly or indirectly by the business or agency for work undertaken by employees under hire to a third party who employs at least one employee. "Employer" includes the State or a unit of local government, any political subdivision of the State or a unit of local government, or any State or local government agency. "Employer" does not include the federal government or an agency of the federal government employer, as defined by Section 101(4) of the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).

"Pregnancy or adoption related event" means: (i) a miscarriage; (ii) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure; (iii) a failed adoption match or an adoption that is not finalized because it is contested by another party; (iv) a failed surrogacy agreement; (v) a diagnosis that negatively impacts pregnancy or fertility; or (vi) a stillbirth.

(Source: P.A. 102-1050, eff. 1-1-23.)

(820 ILCS 154/10)

Sec. 10. Family bereavement Bereavement leave.

(a) In addition to the bereavement leave afforded in Sections 12 and 14, all All employees shall be entitled to use an amount a maximum of 2 weeks (10 work days) of unpaid bereavement leave to, in accordance with the time limits set forth in subsection (a-5):

(1) attend the funeral or alternative to a funeral of a covered family member;

(2) make arrangements necessitated by the death of the covered family member;

(3) grieve the death of the covered family member; or

(4) be absent from work due to a pregnancy or adoption related event (i) a miscarriage; (ii) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure; (iii) a failed adoption match or an adoption that is not finalized because it is contested by another party; (iv) a failed surrogacy agreement; (v) a diagnosis that negatively impacts pregnancy or fertility; or (vi) a stillbirth.

(a-5) An employee of an employer who employs fewer than 50 employees is entitled to use a maximum of 5 days of unpaid bereavement leave provided for in subsection (a) during any 12-month period. An employee of an employer who employs 50 or more employees is entitled to use a maximum of 10 days of unpaid bereavement leave provided for in subsection (a) during any 12-month period.

(b) Bereavement leave under subsection (a) of this Section must be taken completed within 60 days after the date on which the employee receives notice of the death of the covered family member or the date on which an event listed under paragraph (4) of subsection (a) occurs. Bereavement leave under this Section may be taken in a single continuous period or intermittently in increments of no less than 4 hours.

(c) (Blank). An employee shall provide the employer with at least 48 hours' advance notice of the employee's intention to take bereavement leave, unless providing such notice is not reasonable and practicable.

(d) (Blank). An employer may, but is not required to, require reasonable documentation. Documentation may include a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency. For leave resulting from an event listed under paragraph (4) of subsection (a), reasonable documentation shall include a form, to be provided by the Department, to be filled out by a health care practitioner who has treated the employee or the employee's spouse or domestic partner, or surrogate, for an event listed under paragraph (4) of subsection (a), or documentation from the adoption or surrogacy organization that the employee worked with related to an event listed under paragraph (4) of subsection (a), certifying that the employee or his or her spouse or domestic partner has experienced an event listed under paragraph (4) of subsection (a). The employer may not require that the employee identify which category of event the leave pertains to as a condition of exercising rights under this Act.

(e) In the event of the death of more than one covered family member in a 12-month period, an employee is entitled to a maximum of up to a total of 6 weeks of bereavement leave during the 12-month period. This Act does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).

(Source: P.A. 102-1050, eff. 1-1-23.)

(820 ILCS 154/12 new)

Sec. 12. Child extended bereavement leave.

(a) In addition to the bereavement leave afforded under Sections 10 and 14:

(1) An employee of an employer who employs fewer than 50 employees is entitled to use a maximum of 3 workweeks of unpaid bereavement leave during any 12-month period if the employee experiences the loss of a child.

(2) An employee of an employer who employs 50 or more employees but fewer than 250 employees is entitled to use a maximum of 6 workweeks of unpaid bereavement leave during any 12-month period if the employee experiences the loss of a child.

(3) An employee of an employer who employs 250 or more employees is entitled to use a maximum of 12 workweeks of unpaid bereavement leave during any 12-month period if the employee experiences the loss of a child.

(b) This Section does not apply to employees of the State, except for employees who are not otherwise eligible for family responsibility leave or a leave of absence without pay.

(c) Bereavement leave under this Section may be taken in a single continuous period or intermittently in increments of no less than 4 hours. Bereavement leave under this Section must be taken within 12 months after the employee notifies the employer of the loss covered under this Section.

(820 ILCS 154/14 new)

Sec. 14. General bereavement leave.

(a) In addition to the bereavement leave afforded in Sections 10 and 12, all employees shall be entitled to use a maximum of 3 days of unpaid bereavement leave during any 12-month period to:

(1) attend the funeral or alternative to a funeral of any person; or

(2) make arrangements necessitated by the death of any person.

(b) Bereavement leave under this Section may be taken in a single continuous period or intermittently in increments of no less than 4 hours, but leave must be taken within 60 calendar days after the employee notifies the employer of the loss covered under this Section.

(c) If more than one death occurs that qualifies a person to take leave under this Section during any 12-month period, an employee is entitled to a maximum of 3 days of unpaid bereavement leave during the 12-month period under this Section.

(d) This Section does not apply to employees of the State, except for employees who are otherwise not eligible for family responsibility leave or a leave of absence without pay.

(820 ILCS 154/15)

Sec. 15. Existing leave usable for bereavement and family reasons.

(a) An employee who is entitled to take paid or unpaid leave (including family, medical, sick, annual, personal, or similar leave) from employment, pursuant to federal, State, or local law, a collective bargaining agreement, or an employment benefits program or plan may elect to substitute any period of such leave for an equivalent period of leave provided under Section 10.

(b) The bereavement leave provided under this Act is in addition to the unpaid leave time allowed under the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).

(Source: P.A. 99-703, eff. 7-29-16.)

(820 ILCS 154/20)

Sec. 20. Employer Unlawful employer practices.

(a) It is unlawful for any employer to take any adverse action against an employee because the employee (1) exercises rights or attempts to exercise rights under this Act, (2) opposes practices which such employee believes to be in violation of this Act, or (3) supports the exercise of rights of another under this Act.

Exercising rights under this Act includes using or requesting to use bereavement leave under this Act, filing an action or instituting or causing to be instituted any proceeding under or related to this Act; providing or agreeing to provide any information in connection with any inquiry or proceeding relating to any right provided under this Act; or testifying to or agreeing to testify in any inquiry or proceeding relating to any right provided under this Act.

(b) An employer may require that an employee provide the employer with at least 48 hours of advance notice of the employee's intention to take bereavement leave, unless providing the notice is not foreseeable, reasonable, and practicable.

(c) An employer may, but is not required to, require reasonable documentation for the use of any form of leave afforded under this Act as follows:

(1) For a leave event related to the death of a covered family member under paragraphs (1), (2), and (3) of subsection (a) of Section 10, reasonable documentation shall include a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.

(2) For a leave event related to a pregnancy or adoption related event under paragraph (4) of subsection (a) of Section 10, reasonable documentation shall include a form, to be provided by the Department, to be filled out by a health care practitioner who has treated the employee or the employee's spouse or domestic partner, or surrogate, for an event listed under paragraph (4) of subsection (a) of Section 10, or documentation from the adoption or surrogacy organization that the employee worked with related to an event listed under paragraph (4) of subsection (a) of Section 10, certifying that the employee or the employee's spouse or domestic partner has experienced an event listed under paragraph (4) of subsection (a) of Section 10. The employer may not require that the employee identify which category of pregnancy or adoption related event the leave pertains to as a condition of exercising rights under this Act.

(3) For a leave event related to the death of a child under Section 12, reasonable documentation shall include a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.

(4) For a leave event related to the death of any other person under Section 14, reasonable documentation shall include a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.

(Source: P.A. 99-703, eff. 7-29-16.)

(820 ILCS 154/25)

Sec. 25. Department responsibilities.

(a) The Department shall administer and enforce this Act and adopt rules under the Illinois Administrative Procedure Act for the purpose of this Act. The Department shall review complaints to determine whether there is cause for investigation. The Department shall have the powers and the parties shall have the rights provided in the Illinois Administrative Procedure Act for contested cases. The Department shall have the power to conduct investigations in connection with the administration and enforcement of this Act, including the power to conduct depositions and discovery and to issue subpoenas. If the Department finds cause to believe that this Act has been violated, the Department shall notify the parties in writing and the matter shall be referred to an Administrative Law Judge to schedule a formal hearing in accordance with hearing procedures established by rule.

(b) The Department is authorized to impose civil penalties prescribed in Section 30 in administrative proceedings that comply with the Illinois Administrative Procedure Act and to supervise the payment of the unpaid wages and damages owing to the employee or employees under this Act. The Department may bring any legal action necessary to recover the amount of unpaid wages, damages, and penalties, and the employer shall be required to pay the costs. Any sums recovered by the Department on behalf of an employee under this Act shall be paid to the employee or employees affected. However, 20% of any penalty collected from the employer for a violation of this Act shall be deposited into the Paid Leave for All Workers Child Labor and Day and Temporary Labor Services Enforcement Fund.

(c) The Attorney General may bring an action to enforce the collection of any civil penalty imposed under this Act.

(Source: P.A. 104-2, eff. 6-16-25.)

(820 ILCS 154/30)

Sec. 30. Enforcement.

(a) Except as provided in subsection (c), an An employee who believes his or her rights under this Act or any rule adopted under this Act have been violated may, within 60 days after the date of the last event constituting the alleged violation for which the action is brought, file a complaint with the Department or file a civil action.

(b) An employer that violates any provision of this Act or any rule adopted under this Act is subject to a civil penalty for each employee affected as follows:

(1) first offense, a civil penalty not to exceed $500;

(2) second or subsequent offense, a civil penalty not to exceed $1,000.

(c) A civil action may be brought in the circuit court by an employee against an employer who employs 50 or more employees to enforce this Act. The circuit court may enjoin any act or practice that violates or may violate this Act and may order any other equitable relief that is necessary and appropriate to redress the violation or to enforce the Act.

(Source: P.A. 99-703, eff. 7-29-16.)

(820 ILCS 154/35)

Sec. 35. Use of other bereavement leave Other law. An employee who uses unpaid bereavement leave under Section 10, 12, or 14 may not use unpaid bereavement leave under a different Section for the death of the same person. A person who uses leave under the Child Extended Bereavement Leave Act because of the death of a child may not take leave under this Act because of the death of the same child.

(Source: P.A. 103-466, eff. 1-1-24.)

(820 ILCS 156/Act rep.)

Section 10. The Child Extended Bereavement Leave Act is repealed.

Section 15. The Victims' Economic Security and Safety Act is amended by changing Section 20 as follows:

(820 ILCS 180/20)

Sec. 20. Entitlement to leave due to domestic violence, sexual violence, gender violence, or any other crime of violence.

(a) Leave requirement.

(1) Basis. An employee who is a victim of domestic violence, sexual violence, gender violence, or any other crime of violence or an employee who has a family or household member who is a victim of domestic violence, sexual violence, gender violence, or any other crime of violence whose interests are not adverse to the employee as it relates to the domestic violence, sexual violence, gender violence, or any other crime of violence may take unpaid leave from work if the employee or employee's family or household member is experiencing an incident of domestic violence, sexual violence, gender violence, or any other crime of violence or to address domestic violence, sexual violence, gender violence, or any other crime of violence by:

(A) seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic violence, sexual violence, gender violence, or any other crime of violence to the employee or the employee's family or household member;

(B) obtaining services from a victim services organization for the employee or the employee's family or household member;

(C) obtaining psychological or other counseling for the employee or the employee's family or household member;

(D) participating in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the employee or the employee's family or household member from future domestic violence, sexual violence, gender violence, or any other crime of violence or ensure economic security;

(E) seeking legal assistance or remedies to ensure the health and safety of the employee or the employee's family or household member, including preparing for or participating in any civil, criminal, or military legal proceeding related to or derived from domestic violence, sexual violence, gender violence, or any other crime of violence;

(F) attending the funeral or alternative to a funeral or wake of a family or household member who is killed in a crime of violence;

(G) making arrangements necessitated by the death of a family or household member who is killed in a crime of violence; or

(H) grieving the death of a family or household member who is killed in a crime of violence.

(2) Period. Subject to subsection (c) and except as provided in paragraph (4) of this subsection, an employee working for an employer that employs at least 50 employees shall be entitled to a total of 12 workweeks of leave during any 12-month period. Subject to subsection (c) and except as provided in paragraph (4) of this subsection, an employee working for an employer that employs at least 15 but not more than 49 employees shall be entitled to a total of 8 workweeks of leave during any 12-month period. Subject to subsection (c) and except as provided in paragraph (4) of this subsection, an employee working for an employer that employs at least one but not more than 14 employees shall be entitled to a total of 4 workweeks of leave during any 12-month period. The total number of workweeks to which an employee is entitled shall not decrease during the relevant 12-month period. This Act does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).

(3) Schedule. Leave described in paragraph (1) may be taken consecutively, intermittently, or on a reduced work schedule.

(4) Exceptions. An employee shall be entitled to use a cumulative total of not more than 2 workweeks (10 work days) of unpaid leave for the purposes described in subparagraph subparagraphs (F), (G), or (H) of paragraph (1), which must be completed within 60 days after the date on which the employee receives notice of the death of the victim, and is subject to the following:

(A) Except as provided in paragraph subparagraph (2), if an employee is also entitled to take taken unpaid bereavement leave under the Family Bereavement Leave Act as a result of the death of the victim, this Act does not create a right for the employee to take unpaid bereavement leave that exceeds, or is in addition to, the unpaid bereavement leave the employee is entitled to take under the Family Bereavement Leave Act.

(B) If an employee is also entitled to take unpaid bereavement leave under the Family Bereavement Leave Act as a result of the death of the victim, leave taken under this Act for the purposes described in subparagraph subparagraphs (F), (G), or (H) of paragraph (1) or leave taken under the Family Bereavement Leave Act shall be in addition to, and shall not diminish, the total amount of leave time an employee is entitled to under paragraph (2).

(C) If an employee is not entitled to unpaid bereavement leave under the Family Bereavement Leave Act as a result of the death of the victim, leave taken for the purposes described in subparagraph subparagraphs (F), (G), or (H) of paragraph (1) shall be deducted from, and is not in addition to, the total amount of leave time an employee is entitled to under paragraph (2).

(D) Leave taken for the purposes described in subparagraph subparagraphs (F), (G), or (H) of paragraph (1) shall not otherwise limit or diminish the total amount of leave time an employee is entitled to take under paragraph (2).

(b) Notice. The employee shall provide the employer with at least 48 hours' advance notice of the employee's intention to take the leave, unless providing such notice is not practicable. When an unscheduled absence occurs, the employer may not take any action against the employee if the employee, upon request of the employer and within a reasonable period after the absence, provides certification under subsection (c).

(c) Certification.

(1) In general. The employer may require the employee to provide certification to the employer that:

(A) the employee or the employee's family or household member is a victim of domestic violence, sexual violence, gender violence, or any other crime of violence; and

(B) the leave is for one of the purposes enumerated in paragraph (1) of subsection (a) (a)(1).

The employee shall provide such certification to the employer within a reasonable period after the employer requests certification.

(2) Contents. An employee may satisfy the certification requirement of paragraph (1) by providing to the employer a sworn statement of the employee, and if the employee has possession of such document, the employee shall provide one of the following documents:

(A) documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee or the employee's family or household member has sought assistance in addressing domestic violence, sexual violence, gender violence, or any other crime of violence and the effects of the violence;

(B) a police, court, or military record;

(B-5) a death certificate, published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency, documenting that a victim was killed in a crime of violence; or

(C) other corroborating evidence.

The employee shall choose which document to submit, and the employer shall not request or require more than one document to be submitted during the same 12-month period leave is requested or taken if the reason for leave is related to the same incident or incidents of violence or the same perpetrator or perpetrators of the violence.

(d) Confidentiality. All information provided to the employer pursuant to subsection (b) or (c), including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee has requested or obtained leave pursuant to this Section, shall be retained in the strictest confidence by the employer, except to the extent that disclosure is:

(1) requested or consented to in writing by the employee; or

(2) otherwise required by applicable federal or State law.

(e) Employment and benefits.

(1) Restoration to position.

(A) In general. Any employee who takes leave under this Section for the intended purpose of the leave shall be entitled, on return from such leave:

(i) to be restored by the employer to the position of employment held by the employee when the leave commenced; or

(ii) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

(B) Loss of benefits. The taking of leave under this Section shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.

(C) Limitations. Nothing in this subsection shall be construed to entitle any restored employee to:

(i) the accrual of any seniority or employment benefits during any period of leave; or

(ii) any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.

(D) Construction. Nothing in this paragraph shall be construed to prohibit an employer from requiring an employee on leave under this Section to report periodically to the employer on the status and intention of the employee to return to work.

(2) Maintenance of health benefits.

(A) Coverage. Except as provided in subparagraph (B), during any period that an employee takes leave under this Section, the employer shall maintain coverage for the employee and any family or household member under any group health plan for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave.

(B) Failure to return from leave. The employer may recover the premium that the employer paid for maintaining coverage for the employee and the employee's family or household member under such group health plan during any period of leave under this Section if:

(i) the employee fails to return from leave under this Section after the period of leave to which the employee is entitled has expired; and

(ii) the employee fails to return to work for a reason other than:

(I) the continuation, recurrence, or onset of domestic violence, sexual violence, gender violence, or any other crime of violence that entitles the employee to leave pursuant to this Section; or

(II) other circumstances beyond the control of the employee.

(C) Certification.

(i) Issuance. An employer may require an employee who claims that the employee is unable to return to work because of a reason described in subclause (I) or (II) of clause (ii) of subparagraph (B) (B)(ii) to provide, within a reasonable period after making the claim, certification to the employer that the employee is unable to return to work because of that reason.

(ii) Contents. An employee may satisfy the certification requirement of clause (i) by providing to the employer:

(I) a sworn statement of the employee;

(II) documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee has sought assistance in addressing domestic violence, sexual violence, gender violence, or any other crime of violence and the effects of that violence;

(III) a police, court, or military record; or

(IV) other corroborating evidence.

The employee shall choose which document to submit, and the employer shall not request or require more than one document to be submitted.

(D) Confidentiality. All information provided to the employer pursuant to subparagraph (C), including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee is not returning to work because of a reason described in subclause (I) or (II) of clause (ii) of subparagraph (B) (B)(ii) shall be retained in the strictest confidence by the employer, except to the extent that disclosure is:

(i) requested or consented to in writing by the employee; or

(ii) otherwise required by applicable federal or State law.

(f) Prohibited acts.

(1) Interference with rights.

(A) Exercise of rights. It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under this Section.

(B) Employer discrimination. It shall be unlawful for any employer to discharge or harass any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment of the individual (including retaliation in any form or manner) because the individual:

(i) exercised any right provided under this Section; or

(ii) opposed any practice made unlawful by this Section.

(C) Public agency sanctions. It shall be unlawful for any public agency to deny, reduce, or terminate the benefits of, otherwise sanction, or harass any individual, or otherwise discriminate against any individual with respect to the amount, terms, or conditions of public assistance of the individual (including retaliation in any form or manner) because the individual:

(i) exercised any right provided under this Section; or

(ii) opposed any practice made unlawful by this Section.

(2) Interference with proceedings or inquiries. It shall be unlawful for any person to discharge or in any other manner discriminate (as described in subparagraph (B) or (C) of paragraph (1)) against any individual because such individual:

(A) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Section;

(B) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Section; or

(C) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Section.

(Source: P.A. 102-487, eff. 1-1-22; 102-890, eff. 5-19-22; 103-314, eff. 1-1-24; revised 7-10-25.)

Section 20. The Child Labor Law of 2024 is amended by changing Section 75 as follows:

(820 ILCS 206/75)

Sec. 75. Civil penalties.

(a) Any person employing, allowing, or permitting a minor to work who violates any of the provisions of this Act or any rule adopted under the Act shall be subject to civil penalties as follows:

(1) if a minor dies while working for an employer who is found by the Department to have been employing, allowing, or permitting the minor to work in violation of this Act, the employer is subject to a penalty not to exceed $60,000, payable to the Department;

(2) if a minor receives an illness or an injury that is required to be reported to the Department under Section 35 while working for an employer who is found by the Department to have been employing, allowing, or permitting the minor to work in violation of this Act, the employer is subject to a penalty not to exceed $30,000, payable to the Department;

(3) an employer who employs, allows, or permits a minor to work in violation of Section 40 shall be subject to a penalty not to exceed $15,000, payable to the Department;

(4) an employer who fails to post or provide the required notice under subsection (g) of Section 35 shall be subject to a penalty not to exceed $500, payable to the Department; and

(5) an employer who commits any other violation of this Act shall be subject to a penalty not to exceed $10,000, payable to the Department.

In determining the amount of the penalty, the appropriateness of the penalty to the size of the business of the employer charged and the gravity of the violation shall be considered.

Each day during which any violation of this Act continues shall constitute a separate and distinct offense, and the employment of any minor in violation of the Act shall, with respect to each minor so employed, constitute a separate and distinct offense.

(b) Any administrative determination by the Department of the amount of each penalty shall be final unless reviewed as provided in Section 70.

(c) The amount of the penalty, when finally determined, may be recovered in a civil action brought by the Director in any circuit court, in which litigation the Director shall be represented by the Attorney General. In an action brought by the Department, the Department may request, and the Court may impose on a defendant employer, an additional civil penalty of up to an amount equal to the penalties assessed by the Department to be distributed to an impacted minor. In an action concerning multiple minors, any such penalty imposed by the Court shall be distributed equally among the minors employed in violation of this Act by the defendant employer.

(d) Penalties recovered under this Section shall be paid by certified check, money order, or by an electronic payment system designated by the Department, and deposited into the Child Labor and Day and Temporary Labor Services Enforcement Fund, a special fund in the State treasury. Moneys in the Fund shall be used, subject to appropriation, for exemplary programs, demonstration projects, and other activities or purposes related to the enforcement of this Act, and for the activities or purposes related to the enforcement of the Day and Temporary Labor Services Act, the Private Employment Agency Act, or the Right to Privacy in the Workplace Act, for the activities or purposes related to the enforcement of the Job Opportunities for Qualified Applicants Act, and for the activities or purposes related to the enforcement of the Family Bereavement Leave Act.

(Source: P.A. 103-721, eff. 1-1-25; 104-2, eff. 6-16-25; 104-455, eff. 12-12-25; revised 1-8-26.)