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| 1 | AN ACT concerning employment.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Family Military Leave Act is amended by | ||||||
| 5 | changing Sections 5 and 10 as follows: | ||||||
| 6 | (820 ILCS 151/5)
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| 7 | Sec. 5. Definitions. In this Act: | ||||||
| 8 | "Employee" means any person who may be permitted, required, | ||||||
| 9 | or directed by an employer in consideration of direct or | ||||||
| 10 | indirect gain or profit to engage in any employment. "Employee" | ||||||
| 11 | does include an independent contractor. "Employee" includes an | ||||||
| 12 | employee of a covered employer who has been employed by the | ||||||
| 13 | same employer for at least 12 months, and has been employed for | ||||||
| 14 | at least 1,250 hours of service during the 12-month period | ||||||
| 15 | immediately preceding the commencement of the leave. | ||||||
| 16 | "Employee benefits" means all benefits, other than salary | ||||||
| 17 | and wages, provided or made available to employees by an | ||||||
| 18 | employer and includes group life insurance, health insurance, | ||||||
| 19 | disability insurance and pensions, regardless of whether | ||||||
| 20 | benefits are provided by a policy or practice of an employer. | ||||||
| 21 | "Employer" means (1) any person, partnership, corporation, | ||||||
| 22 | association, or other business entity; and (2) the State of | ||||||
| 23 | Illinois, municipalities and other units of local government. | ||||||
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| 1 | "Family military leave" means leave requested by an | ||||||
| 2 | employee who is the spouse, or parent, child, or grandparent of | ||||||
| 3 | a person called to military service lasting longer than 30 days | ||||||
| 4 | with the State or United States pursuant to the orders of the | ||||||
| 5 | Governor or the President of the United States.
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| 6 | (Source: P.A. 94-589, eff. 8-15-05.) | ||||||
| 7 | (820 ILCS 151/10) | ||||||
| 8 | Sec. 10. Family Military Leave Requirement. | ||||||
| 9 | (a) Any employer, as defined in Section 5 of this Act, that | ||||||
| 10 | employs between 15 and 50 employees shall provide up to 15 days | ||||||
| 11 | of unpaid family military leave to an employee during the time | ||||||
| 12 | federal or State deployment orders are in effect, subject to | ||||||
| 13 | the conditions set forth in this Section. Family military leave | ||||||
| 14 | granted under this Act may consist of unpaid leave. | ||||||
| 15 | (b) An employer, as defined in Section 5 of this Act, that | ||||||
| 16 | employs more than 50 employees shall provide up to 30 days of | ||||||
| 17 | unpaid family military leave to an employee during the time | ||||||
| 18 | federal or State deployment orders are in effect, subject to | ||||||
| 19 | the conditions set forth in this Section. Family military leave | ||||||
| 20 | granted under this Act may consist of unpaid leave. The number | ||||||
| 21 | of days of leave provided to an employee under this subsection | ||||||
| 22 | (b) because the employee's spouse or child is called to | ||||||
| 23 | military service shall be reduced by the number of days of | ||||||
| 24 | leave provided to the employee under subdivision (a)(1)(E) of | ||||||
| 25 | Section 102 of the Family and Medical Leave Act of 1993 because | ||||||
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| 1 | of any qualifying exigency arising out of the fact that the | ||||||
| 2 | employee's spouse or child is on covered active duty as defined | ||||||
| 3 | in that Act (or has been notified of an impending call or order | ||||||
| 4 | to covered active duty) in the Armed Forces. | ||||||
| 5 | (c) The employee shall give at least 14 days notice of the | ||||||
| 6 | intended date upon which the family military leave will | ||||||
| 7 | commence if leave will consist of 5 or more consecutive work | ||||||
| 8 | days. Where able, the employee shall consult with the employer | ||||||
| 9 | to schedule the leave so as to not unduly disrupt the | ||||||
| 10 | operations of the employer. Employees taking military family | ||||||
| 11 | leave for less than 5 consecutive days shall give the employer | ||||||
| 12 | advanced notice as is practicable. The employer may require | ||||||
| 13 | certification from the proper military authority to verify the | ||||||
| 14 | employee's eligibility for the family military leave | ||||||
| 15 | requested. | ||||||
| 16 | (d) An employee shall not take leave as provided under this | ||||||
| 17 | Act unless he or she has exhausted all accrued vacation leave, | ||||||
| 18 | personal leave, compensatory leave, and any other leave that | ||||||
| 19 | may be granted to the employee, except sick leave and | ||||||
| 20 | disability leave. | ||||||
| 21 | (Source: P.A. 94-589, eff. 8-15-05.)
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