HB5425 96TH GENERAL ASSEMBLY

LRB096 19354 RLC 34745 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5425

Introduced 2/5/2010, by Rep. Charles E. Jefferson

SYNOPSIS AS INTRODUCED:

New Act

Creates the Employees Leave to Attend Criminal Proceedings Act. Requires employers who employ 6 or more people to allow an employee to take unpaid leave to attend a criminal proceeding if the employee was a victim of certain crimes or is in the immediate family of the victim of such crimes. Provides that employers who violate these provisions are deemed to be engaging in an unlawful employment practice. Requires employees to give notice to employers when the employees need to leave work to attend a criminal proceeding. Permits an employer to limit the amount of leave an employee may take to attend a criminal proceeding if the leave creates an undue hardship to the employer's business.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning employment.

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

Section 1. Short title. This Act may be cited as the Employees Leave to Attend Criminal Proceedings Act.

Section 5. Definitions. In this Act:

"Covered employer" means an employer who employs 6 or more people in this State for each working day during each of 20 or more calendar workweeks in the year in which an eligible employee takes leave to attend a criminal proceeding or in the year immediately preceding the year in which an eligible employee takes leave to attend a criminal proceeding.

"Crime victim" has the meaning ascribed to it in paragraph (a) of Section 3 of the Rights of Crime Victims and Witnesses Act and includes a member of the immediate family of the person.

"Criminal proceeding" means any proceeding relating to a violent crime as defined in paragraph (c) of Section 3 of the Rights of Crime Victims and Witnesses Act and includes a juvenile proceeding under the Juvenile Court Act of 1987 or any other proceeding at which a crime victim has a right to be present.

"Eligible employee" means an employee who:

(1) worked an average of more than 25 hours per week for a covered employer for at least 180 days immediately before the date the employee takes leave to attend a criminal proceeding; and

(2) is a crime victim.

"Immediate family" means spouse, domestic partner, father, mother, sibling, child, stepchild and grandparent.

"Undue hardship" means a significant difficulty and expense to a business and includes consideration of the size of the covered employer's business and the covered employer's critical need for the employee.

Section 10. Allowing employees to attend criminal proceedings.

(a) Except as provided in the Victims' Economic Security and Safety Act and in subsection (b) of this Section, a covered employer shall allow an eligible employee to take leave from employment to attend a criminal proceeding.

(b) A covered employer may limit the amount of leave an eligible employee takes to attend a criminal proceeding if the employee's leave creates an undue hardship to the covered employer's business.

(c) An eligible employee may notify the prosecuting attorney if taking leave to attend a criminal proceeding would cause undue hardship to the covered employer. The prosecuting attorney shall then notify the court or hearing body. The court or hearing body must take the schedule of the employee into consideration when scheduling a criminal proceeding.

(d) Except as provided in subsections (e) and (f) of this Section, and unless otherwise provided by the terms of an agreement between the eligible employee and the covered employer, a collective bargaining agreement or an employer policy, a covered employer is not required to grant leave with pay under this Act to an eligible employee to attend a criminal proceeding.

(e) An eligible employee who takes leave to attend a criminal proceeding may use any paid accrued vacation leave during the period of leave or may use any other paid leave that is offered by the covered employer in lieu of vacation leave during the period of leave.

(f) Subject to the terms of any agreement between the eligible employee and the covered employer or the terms of a collective bargaining agreement or an employer policy, the covered employer may determine the order in which accrued leave is to be used when more than one type of accrued leave is available to the employee.

Section 15. Notice of intent to take leave to attend a criminal proceeding.

An eligible employee shall give the covered employer:

(1) reasonable notice of the employee's intention to take leave to attend a criminal proceeding; and

(2) copies of any notices of scheduled criminal proceedings that the employee receives from a law enforcement agency under Section 4.5 of the Rights of Crime Victims and Witnesses Act.

All records kept by a covered employer regarding an eligible employee's leave under this Act or notices received under clause (1) of this Section are subject to the laws relating to confidentiality.

Section 20. Denying leave to attend a criminal proceeding to an eligible employee. A covered employer who denies leave to an eligible employee or who discharges, threatens to discharge, intimidates or coerces the employee because the employee takes leave to attend a criminal proceeding commits an unlawful employment practice and may file a civil action in circuit court and obtain relief as provided in Section 25.

Section 25. Aggrieved party; actions.

(a) Any person claiming to be aggrieved by an unlawful practice specified in subsection (b) of this Section may file a civil action in circuit court. In any action under this subsection, the court may order injunctive relief and such other equitable relief as may be appropriate, including but not limited to reinstatement or the hiring of employees with or without back pay. A court may order back pay in an action under this subsection only for the 2-year period immediately preceding the filing of a complaint with the Director of Labor, or if a complaint was not filed before the action was commenced, the 2-year period immediately preceding the filing of the action. In any action under this subsection, the court may allow the prevailing party costs and reasonable attorney's fees at trial and on appeal. Except as provided in subsection (c) of this Section:

(1) the judge shall determine the facts in an action under this subsection; and

(2) upon any appeal of a judgment in an action under this subsection, the Appellate Court shall review the judgment pursuant to the standard established by Supreme Court rules.

(b) An action may be brought under subsection (a) of this Section for a violation of Section 20 of this Act.

(c) In any action under subsection (a) of this Section alleging a violation of Section 20 of this Act:

(1) the court may award, in addition to the relief authorized under subsection (a) of this Section, compensatory damages or $200, whichever is greater, and punitive damages;

(2) at the request of any party, the action shall be tried to a jury;

(3) upon appeal of any judgment finding a violation, the Appellate Court shall review the judgment pursuant to the standard established by Supreme Court rules; and

(4) any attorney's fee agreement shall be subject to approval by the court.

(d) In any action under subsection (a) of this Section alleging a violation of Section 20 of this Act, the court may award, in addition to the relief authorized under subsection (a) of this Section, compensatory damages or $250, whichever is greater.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.