Rep. Mary E. Flowers

Filed: 4/23/2018





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2    AMENDMENT NO. ______. Amend House Bill 2376 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Family Leave Insurance Act.
6    Section 5. Declaration of policy and intent.
7    (a) Many employees do not have access to family and medical
8leave programs, and those who do may not be in a financial
9position to take family or medical leave that is unpaid, and
10employer-paid benefits meet only a relatively small part of
11this need. It is the public policy of this State to protect
12working families against the economic hardship caused by the
13need to take time off from work to care for themselves or
14family members who are suffering from a serious illness or to
15care for a newborn or a newly adopted child.
16    Moreover, many women are single mothers or the primary



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1breadwinners for their families. If any of these women take an
2unpaid maternity leave, her whole family, and Illinois,
4    The United States is the only industrialized nation in the
5world that does not have a mandatory workplace-based program
6for such income support.
7    It is therefore desirable and necessary to develop systems
8that help families adapt to the competing interests of work and
9home which not only benefit workers, but also benefit employers
10by reducing employee turnover and increasing worker
12    (b) It is the intent of the General Assembly to create a
13family leave program to relieve the serious menace to health,
14morals, and welfare of Illinois families, to increase workplace
15productivity, and to alleviate the enormous and growing stress
16on working families of balancing the demands of work and family
18    Section 10. Definitions. In this Act:
19    (1)(A) "Average weekly wage" means the amount of an
20eligible employee's total wages, which includes other
21compensation such as bonuses and commissions, earned during the
228 calendar weeks immediately preceding the calendar week in
23which a period of family leave commenced divided by 8.
24    (B) If the computation in paragraph (A) yields a result
25that is less than the eligible employee's average weekly



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1earnings in employment with those of all eligible employees of
2the same employer during those 8 weeks, then the average weekly
3wage for eligible employees requesting family leave shall be
4the higher amount.
5    (C) For periods of family leave, if the computations in
6paragraphs (A) and (B) both yield a result which is less than
7the eligible employee's average weekly earnings in employment
8with all eligible employees of the same employer during the 26
9calendar weeks immediately preceding the week in which the
10period of family leave commenced, then the average weekly wage
11shall, upon a written request to the Department by the eligible
12employee on a form provided by the Department, be computed by
13the Department on the basis of earnings of all eligible
14employees of the same employer during those 26 calendar weeks.
15    (2) "Base hours" means the hours of work for which an
16employee receives compensation. "Base hours" includes overtime
17hours for which the employee is paid additional or overtime
18compensation and hours for which the employee receives workers'
19compensation benefits. "Base hours" also includes hours an
20employee would have worked except for having been in military
21service. At the option of the employer, "base hours" may
22include hours for which the employee receives other types of
23compensation, such as administrative, personal leave, vacation
24or sick leave.
25    (3) "Care" includes, but is not limited to, physical care,
26emotional support, visitation, arranging for a change in care,



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1assistance with essential daily living matters, and personal
2attendant services.
3    (4) "Child" means a biological, adopted, or foster child,
4stepchild, or legal ward of an eligible employee, child of a
5spouse of the eligible employee, or child of a civil union
6partner of the eligible employee, who is less than 19 years of
7age or is 19 years of age or older, but incapable of self-care
8because of a mental or physical impairment.
9    (5) "Civil union" means a civil union as defined in the
10Illinois Religious Freedom Protection and Civil Union Act.
11    (6) "Consecutive leave" means leave that is taken without
12interruption based upon an employee's regular work schedule and
13does not include breaks in employment in which an employee is
14not regularly scheduled to work. For example, when an employee
15is normally scheduled to work from September through June and
16is not scheduled to work during July and August, a leave taken
17continuously during May, June, and September shall be
18considered a consecutive leave.
19    (7) "Department" means the Department of Employment
21    (8) "Director" means the Director of Employment Security
22and any transaction or exercise of authority by the Director
23shall be deemed to be performed by the Department.
24    (9) "Eligible employee" means an employee employed by the
25same employer, as defined in paragraph (10), in the State of
26Illinois for 12 months or more who has worked 1,200 or more



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1base hours during the preceding 12-month period. An employee is
2considered to be employed in the State of Illinois if:
3        (A) the employee works in Illinois; or
4        (B) the employee routinely performs some work in
5    Illinois and the employee's base of operations or the place
6    from which the work is directed and controlled is in
7    Illinois.
8    (9.5) "Employee" means any person who services for an
9employer for wage, remuneration, or other compensation. This
10includes full-time or part-time status.
11    Employee does not include an employee subject to the hours
12or service requirements of 49 U.S.C. 211 and 49 CFR 228.
13    (10) "Employer" means any partnership, association, trust,
14estate, joint-stock company, insurance company, or
15corporation, whether domestic or foreign, or the receiver,
16trustee in bankruptcy, trustee, or person that has in its
17employ one or more employees performing services for it within
18this State. "Employer" also includes any employer subject to
19the Unemployment Insurance Act, except the State, its political
20subdivisions, and any instrumentality of the State. All
21employees performing services within this State for any
22employing unit that maintains 2 or more separate establishments
23within this State shall be deemed to be employed by a single
24employing unit for all purposes of this Act.
25    (11) "Family member" means an eligible employee's child,
26spouse, party to a civil union, parent, or any other individual



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1related by blood or whose close relationship with the employee
2is the equivalent of a family relationship.
3    (12) "Family leave" means leave taken by an eligible
4employee from work with an employer: (A) to participate in the
5providing of care, including physical or psychological care,
6for the employee or a family member of the eligible employee
7made necessary by a serious health condition of the family
8member; (B) to be with a child during the first 12 months after
9the child's birth, if the employee, the employee's spouse, or
10the party to a civil union with the employee, is a biological
11parent of the child, or the first 12 months after the placement
12of the child for adoption or foster care with the employee; (C)
13for the employee's own serious health condition; or (D) because
14of any qualifying exigency as interpreted under the Family and
15Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(E) and 29 CFR
16825.126) arising out of the fact that the spouse, party to a
17civil union, child, parent of the employee, or any other
18individual related by blood or whose close relationship with
19the employee is equivalent to a family relationship is on
20active duty (or has been notified of an impending call or order
21to active duty) in the armed forces as of the United States.
22"Family leave" does not include any period of time during which
23an eligible employee is paid benefits pursuant to the Workers'
24Compensation Act or the Unemployment Insurance Act because the
25employee is unable to perform the duties of the employee's
26employment due to the employee's own disability.



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1    (13) "Family leave benefits" means any payments that are
2payable to an eligible employee for all or part of a period of
3family leave.
4    (14) "Health care provider" means any person licensed under
5federal, State, or local law or the laws of a foreign nation to
6provide health care services or any other person who has been
7authorized to provide health care by a licensed health care
9    (15) "Intermittent leave" means a non-consecutive leave
10consisting of intervals, each of which is at least one, but
11fewer than 12, weeks within a consecutive 12-month period.
12    (16) "Parent of an eligible employee" means a biological
13parent, foster parent, adoptive parent, or stepparent of the
14eligible employee or a person who was a legal guardian of, or
15who stood in loco parentis to, the eligible employee when the
16eligible employee was a child.
17    (17) "Placement for adoption" means the time when an
18eligible employee adopts a child or becomes responsible for a
19child pending adoption by the eligible employee.
20    (18) "Serious health condition" means an illness, injury,
21impairment, or physical or mental condition that requires
22inpatient care in a hospital, hospice, or residential medical
23care facility or continuing medical treatment or continuing
24supervision by a health care provider.
25    (19) "12-month period" means, with respect to an employee
26who establishes a valid claim for family leave benefits during



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1a period of family leave, the 365 consecutive days that begin
2with the first day that the employee first establishes the
4    Section 15. Family leave program.
5    (a) Subject to appropriation, the Department shall
6establish and administer a family leave program.
7    (b) The Department shall establish procedures and forms for
8filing claims for benefits under this Act.
9    (c) The Department shall use information sharing and
10integration technology to facilitate the disclosure of
11relevant information or records by the Department of Employment
13    (d) Information contained in the files and records
14pertaining to an employee under this Act is confidential and
15not open to public inspection, other than to public employees
16in the performance of their official duties. However, the
17employee or an authorized representative of an employee may
18review the records or receive specific information from the
19records on the presentation of the signed authorization of the
20employee. An employer or the employer's duly authorized
21representative may review the records of an employee employed
22by the employer in connection with a pending claim. At the
23Department's discretion, other persons may review records when
24such persons are rendering assistance to the Department at any
25stage of the proceedings on any matter pertaining to the



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1administration of this Act.
2    An employer must keep at its place of business records of
3employment from which the information needed by the Department
4for purposes of this Act may be obtained. The records shall at
5all times be open to the inspection of the Department pursuant
6to rules adopted by the Department.
7    (e) The Department shall develop and implement an outreach
8program to ensure that individuals who may be eligible to
9receive family leave benefits under this Act are made aware of
10these benefits. Outreach information shall explain, in an easy
11to understand format, eligibility requirements, the claims
12process, weekly benefit amounts, maximum benefits payable,
13notice requirements, reinstatement and nondiscrimination
14rights, confidentiality, and coordination of leave under this
15Act and other laws, collective bargaining agreements, and
16employer policies. Outreach information shall be available in
17English and in languages other than English that are spoken as
18a primary language by a significant portion of the State's
19population, as determined by the Department.
20    Section 20. Eligibility for benefits.
21    (a) The Department may require that a claim for family
22leave benefits under this Section be supported by a
23certification issued by a health care provider who is providing
24care to the employee or the employee's family member if



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1    (b) An employee is not eligible for family leave benefits
2under this Section for any week for which the employee receives
3paid family leave from his or her employer. If an employer
4provides paid family leave, the employee may elect whether
5first to use the paid family leave or to receive family leave
6benefits under this Section. An employee may not be required to
7use paid family leave to which the employee is entitled before
8receiving family leave benefits under this Section.
9    (c) This Section does not limit an employee's right to take
10leave from employment under other laws or employer policy.
11    (d) The eligibility of an employee for benefits is not
12affected by a strike or lockout at the factory, establishment,
13or other premises at which the employee is or was last
15    (e) An employee who has received benefits under this
16Section may not lose any other employment benefits, including
17seniority or pension rights, accrued before the date that
18family leave commenced. However, this Section does not entitle
19an employee to accrue employment benefits during a period of
20family leave or to a right, benefit, or position of employment
21other than a right, benefit, or position to which the employee
22would have been entitled had the employee not taken family
24    (f) This Section does not diminish an employer's obligation
25to comply with a collective bargaining agreement or an
26employment benefits program or plan that provides greater



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1benefits to employees than the benefits provided under this
3    (g) An agreement by an employee to waive the employee's
4rights under this Section is void as contrary to public policy.
5The benefits under this Section may not be diminished by a
6collective bargaining agreement or another employment benefits
7program or plan entered into or renewed after the effective
8date of this Act.
9    (h) Nothing in this Act shall be deemed to affect the
10validity or change the terms of bona fide collective bargaining
11agreements in force on the effective date of this Act. After
12that date, requirements of this Act may be waived in a bona
13fide collective bargaining agreement, but only if the waiver is
14set forth explicitly in such agreement in clear and unambiguous
16    (i) This Section does not create a continuing entitlement
17or contractual right.
18    Section 25. Disqualification from benefits.
19    (a) An employee is disqualified from family leave benefits
20under this Act if the employee:
21        (1) willfully makes a false statement or
22    misrepresentation regarding a material fact, or willfully
23    fails to disclose a material fact, to obtain benefits;
24        (2) seeks benefits based on an intentionally
25    self-inflicted serious health condition; or



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1        (3) seeks benefits based on a serious health condition
2    that resulted from the employee's commission of a felony.
3    (b) A disqualification for family leave benefits is for a
4period of 2 years, and commences on the first day of the
5calendar week in which the employee filed a claim for benefits
6under this Act. An employee who is disqualified for benefits is
7liable to the Department for a penalty in an amount equal to
815% of the amount of benefits received by the employee.
9    Section 30. State Benefits Fund.
10    (a) The State Benefits Fund is created as a special fund in
11the State treasury. Subject to appropriation, moneys in the
12Fund may be used for the payment of family leave benefits and
13for the administration of this Act. All interest and other
14earnings that accrue from investment of moneys in the Fund
15shall be credited to the Fund.
16    (b) An employer shall retain from all employees a payroll
17premium deduction in the amount of 0.3% of wages as defined in
18Section 235 of the Unemployment Insurance Act. The Department
19shall by rule provide for the collection of this payroll
20premium deduction.
21    The amount of the payroll premium imposed under this
22Section, less refunds authorized by this Act, and all
23assessments and penalties collected under this Act shall be
24deposited into and credited to the Fund.
25    (c) A separate account, to be known as the Administration



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1Account, shall be maintained in the Fund. An amount determined
2by the Department sufficient for proper administration, not to
3exceed, however, 0.1% of wages as defined in this Section,
4shall be credited to the Administration Account. The expenses
5of the Department in administering the Fund and its accounts
6shall be charged against the Administration Account. The costs
7of administration of this Act shall be charged to the
8Administration Account.
9    (d) A separate account, to be known as the Family Leave
10Benefits Account, shall be maintained in the Fund. The account
11shall be charged with all benefit payments. Prior to July 1 of
12each calendar year, the Department shall determine the average
13rate of interest and other earnings on all investments of the
14Fund for the preceding calendar year. If there is an
15accumulated deficit in the Family Leave Benefits Account in
16excess of $200,000 at the end of any calendar year after
17interest and other earnings have been credited as provided in
18this Section, the Department shall determine the ratio of the
19deficit to the total of all taxable wages paid during the
20preceding calendar year and shall make an assessment against
21all employers in an amount equal to the taxable wages paid by
22them during the preceding calendar year to employees,
23multiplied by the ratio, but in no event shall any such
24assessment exceed 0.1% of such wages. The amounts shall be
25collectible by the Department in the same manner as provided
26for the collection of employer contributions under the



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1Unemployment Insurance Act. In making this assessment, the
2Department shall furnish to each affected employer a brief
3summary of the determination of the assessment. The amount of
4such assessments collected by the Department shall be credited
5to the Family Leave Benefits Account. As used in this Section,
6"wages" means wages as provided in Section 235 of the
7Unemployment Insurance Act.
8    (e) A board of trustees, consisting of the State Treasurer,
9the Secretary of State, the Director of Labor, the Director of
10Employment Security, and the State Comptroller, is hereby
11created. The board shall invest and reinvest all moneys in the
12Fund in excess of its cash requirements in obligations legal
13for savings banks.
14    (f) The Department may adjust rates, not to exceed the
15amount established in subsection (b) of this Section, for the
16collection of premiums pursuant to subsection (b) of this
17Section. The Department shall set rates for premiums in a
18manner that minimizes the volatility of the rates assessed and
19so that at the end of the period for which the rates are
20effective, the cash balance shall be an amount approximating 12
21months of projected expenditures from the Fund, considering the
22functions and duties of the Department under this Act.
23    (g) An employer required to pay premiums under this Section
24shall make and file a report of employee hours worked and
25amounts due under this Section upon a combined report form
26prescribed by the Department. The report shall be filed with



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1the Department at the times and in the manner prescribed by the
3    (h) If the employer is a temporary employment agency that
4provides employees on a temporary basis to its customers, the
5temporary employment agency is considered the employer for
6purposes of this Section.
7    (i) When an employer quits business or sells out,
8exchanges, or otherwise disposes of the business or stock of
9goods, any premium payable under this Section is immediately
10due and payable, and the employer shall, within 10 days
11thereafter, pay the premium due. A person who becomes a
12successor to the business is liable for the full amount of the
13premium and shall withhold from the purchase price a sum
14sufficient to pay any premium due from the employer until the
15employer produces a receipt from the Department showing payment
16in full of any premium due or a certificate that no premium is
17due. If the premium is not paid by the employer within 10 days
18after the date of the sale, exchange, or disposal, the
19successor is liable for the payment of the full amount of the
20premium. The successor's payment of the premium is, to the
21extent of the payment, a payment upon the purchase price, and
22if the payment is greater in amount than the purchase price,
23the amount of the difference is a debt due the successor from
24the employer.
25    A successor is not liable for any premium due from the
26person from whom the successor has acquired a business or stock



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1of goods if the successor gives written notice to the
2Department of the acquisition and no assessment is issued by
3the Department within one year after receipt of the notice
4against the former operator of the business.
5    Section 35. Compensation for family leave.
6    (a) An individual's weekly benefit rate shall be two-thirds
7of his or her average weekly wage, subject to a maximum of 53%
8of the Statewide average weekly wage paid to workers by
9employers, as determined pursuant to Section 401 of the
10Unemployment Insurance Act, provided, however, that the
11individual's benefit rate shall be computed to the next lower
12multiple of $1 if not already a multiple thereof. The amount of
13benefits for each day of family leave for which benefits are
14payable shall be one-seventh of the corresponding weekly
15benefit amount; provided that the total benefits for a
16fractional part of a week shall be computed to the next lower
17multiple of $1 if not already a multiple thereof.
18    (b) With respect to any period of family leave and while an
19individual is an eligible employee, family benefits not in
20excess of the individual's maximum benefits shall be payable
21with respect to the first day of leave taken after the first
22one-week period following the commencement of the period of
23family leave and each subsequent day of family leave during
24that period of family leave; and if benefits become payable on
25any day after the first 3 weeks in which leave is taken, then



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1benefits shall also be payable with respect to any leave taken
2during the first one-week period in which leave is taken. The
3maximum total benefits payable to any eligible employee
4commencing on or after the effective date of this Act shall be
512 times the eligible employee's weekly benefit amount or
6one-third of his or her total wages during the preceding
712-month period, whichever is the lesser; provided that the
8maximum amount shall be computed in the next lower multiple of
9$1 if not already a multiple thereof.
10    (c) All of the family leave benefits paid to an eligible
11employee during a period of family leave with respect to any
12one birth or adoption shall be for a single continuous period
13of time, except that the employer of the eligible employee may
14permit the eligible employee to receive the family leave
15benefits during non-consecutive weeks in a manner mutually
16agreed to by the employer and the eligible employee and
17disclosed to the Department by the employer.
18    (d) Nothing in this Act shall be construed to prohibit the
19establishment by an employer, without approval by the
20Department, of a supplementary plan or plans providing for the
21payment to employees, or to any class or classes of employees,
22of benefits in addition to the benefits provided by this Act or
23to prohibit the collection or receipt of additional voluntary
24contributions from employees toward the cost of the additional
25benefits. The rights, duties, and responsibilities of all
26interested parties under the supplementary plans shall be



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1unaffected by any provision of this Act.
2    Section 40. Family leave; duration. An eligible employee
3may take 12 weeks of family leave within any 24-month period in
4order to provide care made necessary by reasons identified in
5Section 10. An eligible employee may take family leave on an
6intermittent schedule in which all of the leave authorized
7under this Act is not taken sequentially.
8    Section 45. Annual reports; contents.
9    (a) The Department shall issue and make available to the
10public, not later than July 1, 2019 and July 1 of each
11subsequent year, annual reports providing data on family leave
12benefits claims involving pregnancy and childbirth, and family
13leave benefits, including separate data for each of the
14following categories of claims: the employee's own serious
15illness; care of newborn children; care of newly adopted
16children; care of sick children; care of sick spouses; and care
17of other sick family members. The reports shall include, for
18each category of claims, the number of workers receiving the
19benefits, the amount of benefits paid, the average duration of
20benefits, the average weekly benefit, and any reported amount
21of sick leave, vacation, or other fully paid time which
22resulted in reduced benefit duration. The report shall provide
23data by gender and by any other demographic factors determined
24to be relevant by the Department. The reports shall also



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1provide, for all family leave benefits, the total costs of
2benefits and the total cost of administration, the portion of
3benefits for claims during family leave, and the total revenues
4from employer assessments, where applicable; employee
5assessments; and other sources.
6    (b) The Department may, in its discretion, conduct surveys
7and other research regarding, and include in the annual reports
8descriptions and evaluations of the impact and potential future
9impact of the costs and benefits resulting from the provisions
10of this Act for:
11        (1) employees and their families, including surveys
12    and evaluations of what portion of the total number of
13    employees taking leave would not have taken leave, or would
14    have taken less leave, without the availability of
15    benefits; what portion of employees return to work after
16    receiving benefits and what portion are not permitted to
17    return to work; and what portion of employees who are
18    eligible for benefits do not claim or receive them and why
19    they do not;
20        (2) employers, including benefits such as reduced
21    training and other costs related to reduced turnover of
22    personnel, and increased affordability of family leave
23    through the State, with special attention given to small
24    businesses; and
25        (3) the public, including savings caused by any
26    reduction in the number of people receiving public



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1    assistance.
2    (c) The total amount of any expenses that the Department
3determines are necessary to carry out its duties pursuant to
4this Section shall be charged to the Administration Account of
5the Fund.
6    Section 50. Hearings. A person aggrieved by a decision of
7the Department under this Act may request a hearing. The
8Department shall adopt rules governing hearings and the
9issuance of final orders under this Act in accordance with the
10provisions of the Illinois Administrative Procedure Act. All
11final administrative decisions of the Department under this Act
12are subject to judicial review under the Administrative Review
14    Section 55. Prohibited acts. No employer, temporary
15employment agency, employment agency, employee organization,
16or other person shall discharge, expel, or otherwise
17discriminate against a person because the person has filed or
18communicated to the employer an intent to file a claim, a
19complaint, or an appeal or has testified or is about to testify
20or has assisted in any proceeding, under this Act, at any time.
21    Section 60. Penalties.
22    (a) A person who makes a false statement or representation,
23knowing it to be false, or knowingly fails to disclose a



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1material fact to obtain or increase any family leave benefit
2during a period of family leave, either for himself or herself
3or for any other person, shall be liable for a civil penalty of
4$250 to be paid to the Department. Each such false statement or
5representation or failure to disclose a material fact shall
6constitute a separate offense. Upon refusal to pay such civil
7penalty, the civil penalty shall be recovered in a civil action
8by the Attorney General on behalf the Department in the name of
9the State of Illinois. If, in any case in which liability for
10the payment of a civil penalty has been determined, any person
11who has received any benefits under this Act by reason of the
12making of such false statements or representations or failure
13to disclose a material fact shall not be entitled to any
14benefits under this Act for any leave occurring prior to the
15time he or she has discharged his or her liability to pay the
16civil penalty.
17    (b) A person who willfully violates any provision of this
18Act or any rule adopted under this Act for which a civil
19penalty is neither prescribed in this Act nor provided by any
20other applicable law shall be subject to a civil penalty of
21$500 to be paid to the Department. Upon the refusal to pay such
22civil penalty, the civil penalty shall be recovered in a civil
23action by the Attorney General on behalf of the Department in
24the name of the State of Illinois.
25    (c) A person, employing unit, employer, or entity violating
26any provision of this Section with intent to defraud the



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1Department is guilty of a Class C misdemeanor. The fine upon
2conviction shall be payable to the Fund. Any penalties imposed
3by this subsection shall be in addition to those otherwise
4prescribed in this Section.
5    Section 70. Leave and employment protection.
6    (a) During a period in which an employee receives family
7leave benefits under this Act, the employee is entitled to
8family leave and, at the established ending date of leave, to
9be restored to a position of employment with the employer from
10whom leave was taken as provided under subsection (b).
11    (b) Except as provided in subsection (f), an employee who
12receives family leave benefits under this Act for the intended
13purpose of the family leave is entitled, on return from the
15        (1) to be restored by the employer to the position of
16    employment held by the employee when the family leave
17    commenced; or
18        (2) to be restored to an equivalent position with
19    equivalent employment benefits, pay, and other terms and
20    conditions of employment at a workplace within 20 miles of
21    the employee's workplace when the family leave commenced.
22    (c) The taking of family leave under this Act may not
23result in the loss of any employment benefits accrued before
24the date on which the family leave commenced.
25    (d) Nothing in this Section entitles a restored employee



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2        (1) the accrual of any seniority or employment benefits
3    during any period of family leave; or
4        (2) any right, benefit, or position of employment other
5    than any right, benefit, or position to which the employee
6    would have been entitled had the employee not taken the
7    family leave.
8    (e) Nothing in this Section prohibits an employer from
9requiring an employee on family leave to report periodically to
10the employer on the status and intention of the employee to
11return to work.
12    (f) An employer may deny restoration under subsection (b)
13to a salaried employee who is among the highest paid 10% of the
14employees employed by the employer within 75 miles of the
15facility at which the employee is employed if:
16        (1) denial is necessary to prevent substantial and
17    grievous economic injury to the operations of the employer;
18        (2) the employer notifies the employee of the intent of
19    the employer to deny restoration on such basis at the time
20    the employer determines that the injury would occur; and
21        (3) the family leave has commenced and the employee
22    elects not to return to employment after receiving the
23    notice.
24    Section 75. Notice to employer.
25    (a) If the necessity for family leave for the birth or



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1placement of a child is foreseeable based on an expected birth
2or placement, the employee shall provide the employer with not
3less than 30 days' notice, before the date the leave is to
4begin, of the employee's intention to take leave for the birth
5or placement of a child, except that if the date of the birth
6or placement requires leave to begin in less than 30 days, the
7employee shall provide such notice as is practicable.
8    (b) If the necessity for family leave for an employee's or
9a family member's serious health condition is foreseeable based
10on planned medical treatment, the employee:
11        (1) must make a reasonable effort to schedule the
12    treatment so as not to disrupt unduly the operations of the
13    employer; and
14        (2) must provide the employer with not less than 30
15    days' notice, before the date the leave is to begin, of the
16    employee's intention to take leave for his, her, or a
17    family member's serious health condition, except that if
18    the date of the treatment requires leave to begin in less
19    than 30 days, the employee must provide such notice as is
20    practicable.
21    Section 80. Employment by same employer. If spouses who are
22entitled to leave under this Act are employed by the same
23employer, the employer may require that spouses not take such
24leave concurrently.



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1    Section 85. Coordination of leave.
2    (a) Family leave taken under this Act must be taken
3concurrently with any leave taken under the federal Family and
4Medical Leave Act of 1993.
5    (b) An employer may require that family leave taken under
6this Act be taken concurrently or otherwise coordinated with
7leave allowed under the terms of a collective bargaining
8agreement or employer policy, as applicable, for the birth or
9placement of a child. The employer must give his or her
10employees written notice of this requirement.
11    Section 90. Rules. The Department may adopt any rules
12necessary to implement the provisions of this Act. In adopting
13rules, the Department shall maintain consistency with the
14regulations adopted to implement the federal Family and Medical
15Leave Act of 1993 to the extent such regulations are not in
16conflict with this Act.
17    Section 95. Authority to contract. The Department may
18contract or enter into interagency agreements with other State
19agencies for the initial administration of the Family Leave
21    Section 175. Severability. The provisions of this Act are
22severable under Section 1.31 of the Statute on Statutes.



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1    Section 900. The State Finance Act is amended by adding
2Section 5.886 as follows:
3    (30 ILCS 105/5.886 new)
4    Sec. 5.886. The State Benefits Fund.
5    Section 999. Effective date. This Act takes effect upon
6becoming law.".