Sen. Ram Villivalam

Filed: 3/31/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 835 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Family and Medical Leave Insurance Act.
6    Section 5. Declaration of policy and intent. Many workers
7do not have access to family and medical leave programs, those
8who do may not be in a financial position to take family or
9medical leave that is unpaid, and employer-paid benefits meet
10only a relatively small part of this need. It is the public
11policy of this State to protect working individuals and their
12families against the economic hardship caused by the need to
13take time off from work to care for themselves or family
14members who are suffering from a serious illness, for a
15newborn or a newly adopted or foster child, for pregnancy and
16related conditions, for the health and caregiving needs of



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1military families, or to cope with domestic and sexual
3    The disparities for access to and the need for leave cut
4across income and other demographics. Higher income workers
5have greater access to paid leave than lower income workers;
6women workers have higher rates of unmet need for leave than
7men; Black, Asian American, Pacific Islander, and Native
8American workers have higher rates of unmet need for leave
9than white workers; and Hispanic workers are less likely than
10non-Hispanic workers to have access to paid leave in the first
12    Moreover, in 73% of all Illinois households with children,
13more than 2,000,000 homes, all parents have paying jobs.
14Illinois mothers are key family breadwinners in 84% of black
15families, 49% of Latinx families, and 48% of white families.
16While women make up half of the workforce, they are
17responsible for the majority of unpaid family household and
18care work, which has a significant impact on their health and
19well-being. Maintaining an attachment to the workforce is
20vital to women's economic stability; an employment gap of just
21one year leads to a 39% decrease in annual earnings, and that
22disparity increases over time. With the demographic shift
23toward an aging population, the need for family caregiving
24continues to grow. In less than 15 years, the share of the
25State's population of individuals age 65 and over will grow by
26one-third. If any of these women take an unpaid leave, her



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1whole family, and Illinois, suffers.
2    The United States is the only industrialized nation in the
3world that does not have a mandatory workplace-based program
4for such income support. The negative economic impact on
5families and our economy is real. A U.S. Department of Labor
6report indicates if women participated in the labor force at
7the same rate as women in countries with paid leave, our
8economy would benefit from more than $500 billion in
9additional economic activity.
10    The majority of Illinois small business owners and
11entrepreneurs support a State-administered paid family and
12medical leave program as it ensures economic security,
13strengthens business recruitment and retention of employees,
14and mitigates the loss of income for small business owners,
15which comprise over 90% of businesses in the United States,
16including the self-employed and businesses with under 10
18    It is therefore desirable and necessary to develop systems
19that help individuals and families adapt to the competing
20interests of work and home, which not only benefit workers,
21but also benefit employers by reducing employee turnover and
22increasing worker productivity.
23    It is the intent of the General Assembly to create a family
24and medical leave program to relieve the serious menace to
25health, morals, and welfare of Illinois families, to increase
26workplace productivity, and to alleviate the enormous and



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1growing stress on working families of balancing the demands of
2work and family needs. It is the intent of the General Assembly
3that this Act shall be liberally construed in favor of
4providing workers with the greatest amount of paid family and
5medical leave coverage, benefits, and employment security.
6    Section 10. Definitions. In this Act:
7    (1) "Average weekly wage" means the amount derived by
8dividing by 12 an employee's total earnings, including wages,
9gratuities, bonuses, commissions, and any other compensation
10that constitutes remuneration, earned during the quarter with
11the highest earnings in the applicable benefit year, or the
12amount derived by dividing by 12 an employee's total earnings,
13including wages, gratuities, bonuses, commissions, and any
14other compensation that constitutes remuneration, to fulfill a
15contract for a covered business entity, earned in the quarter
16with the highest earnings in the applicable benefit year, or
17for individuals not currently employed or under contract, the
18amount derived by dividing by 12 of an individual's total
19earnings, including wages, gratuities, bonuses, commissions,
20and any other compensation that constitutes remuneration,
21earned during the quarter with the highest earnings earned in
22the 4 quarters prior to the last day of employment or end of
24    (2) "Benefit year" means the period of 52 consecutive
25weeks beginning on the Sunday immediately preceding the first



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1day that family and medical leave under this Act commences for
2the covered individual.
3    (3) "Care" includes, but is not limited to, physical or
4psychological care, emotional support, visitation, arranging
5for care or a change in care, assistance with essential daily
6living matters, and personal attendant services.
7    (4) "Child" means a biological, adopted, or foster child,
8a stepchild, grandchild, or legal ward, or a child for whom an
9employee stands in loco parentis, a person to whom the
10employee stood in loco parentis when the person was a minor
11child, a child of the spouse of an employee, or a child of a
12party to a civil union or legal guardianship, or any other
13individual whose close association with the employee is the
14equivalent of a child as determined by the employee,
15regardless of age or dependency status.
16    (5) "Civil union" means a civil union as defined in the
17Illinois Religious Freedom Protection and Civil Union Act.
18    (6) "Consecutive leave" means leave that is taken without
19interruption based upon an employee's regular work schedule or
20contract and does not include breaks in employment in which an
21employee is not regularly scheduled to work. For example, when
22an employee is normally scheduled to work from September
23through June and is not scheduled to work during July and
24August, a leave taken continuously during May, June, and
25September shall be considered a consecutive leave.
26    (7) "Contributions" or "premiums" means the payments made



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1by an employer, a covered business entity, or a self-employed
2individual to the Family and Medical Leave Insurance Fund, as
3required by this Act.
4    (8) "Covered business entity" means a business or trade
5that contracts with one or more self-employed individuals for
6services and is required to report the payment of services to
7such individuals on IRS Form 1099-MISC or IRS Form 1099-K for
8more than 25% of its Illinois workforce. Such individuals are
9included in the covered business entity's workforce if the
10contracts for services include, but are not limited to, oral
11or written contracts, and services arranged through
12application software designed to run on smart phones and other
13mobile devices and software designed to run inside a web
14browser. Covered business entities and self-employed
15individuals who contract for services with covered business
16entities are considered employers or employees where the
17context so dictates.
18    (9) "Covered individual" means either: (A) an individual
19who is or has been employed by any combination of employers in
20the State of Illinois and meets the financial eligibility
21requirements of subsection (f) of Section 20; (B) a
22self-employed individual who has: (i) elected coverage under
23Section 25 and (ii) reported earnings to the Illinois
24Department of Revenue from self-employment that meet the
25financial eligibility requirements of subsection (f) of
26Section 20, as if the individual were an employee; (C) a



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1self-employed individual who contracts for services with a
2covered business entity; or (D) a former employee,
3self-employed individual, or self-employed individual who
4contracts for services with a covered business entity and has:
5(i) met the financial eligibility requirements of subsection
6(f) of Section 20 at the time of separation from employment or
7the end of a contract and (ii) been separated from employment
8or the end of a contract for not more than 52 weeks at the
9start of the family or medical leave taken by the former
10employee, self-employed individual, or self-employed
11individual who contracts for services with a covered business
12entity. A covered individual is considered to be employed in
13the State of Illinois if: (i) the individual works in
14Illinois; (ii) the individual performs some work in Illinois
15and the employer's base of operations or the place from which
16the work is directed and controlled is in Illinois; or (iii)
17the base of operations or place from which the work is directed
18or controlled is not in any state in which some part of the
19work is performed, but the individual's residence is in this
21    (10) "Department" means the Department of Employment
23    (11) "Director" means the Director of Employment Security
24and any transaction or exercise of authority by the Director
25shall be deemed to be performed by the Department.
26    (12) "Domestic or sexual violence" means domestic



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1violence, sexual assault, or stalking.
2    (13) "Domestic violence" means abuse, as defined in
3Section 103 of the Illinois Domestic Violence Act of 1986, by a
4family or household member, as defined in Section 103 of the
5Illinois Domestic Violence Act of 1986, or as defined in this
7    (14) "Employ" means to suffer or permit to work.
8    (15) "Employee" means any individual or person who works
9for an employer for wage, remuneration, or other compensation,
10and works any number of hours, whether full-time or part-time
11or on a temporary or contingent basis, and any individual who
12contracts for services with a covered business entity. Except
13for individuals or persons that contract for services with a
14covered business entity, "employee" does not include any
16        (A) who has been and will continue to be free from
17    control and direction over the performance of the
18    individual's work, both under the individual's contract of
19    service with the individual's employer and in fact; and
20        (B) who performs work which is either outside the
21    usual course of business or is performed outside all of
22    the places of business of the employer unless the employer
23    is in the business of contracting with third parties for
24    the placement of employees; and
25        (C) who is in an independently established trade,
26    occupation, profession or business.



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1    (16) "Employer" means any individual, person, partnership,
2association, limited liability company, trust, estate,
3joint-stock company, insurance company, employment and labor
4placement agency, or business where wages are made directly or
5indirectly by the agency or business for work undertaken by
6the employee under hire to a third party pursuant to a contract
7between the agency or business with the third party, or
8corporation, whether domestic or foreign, or the receiver,
9trustee in bankruptcy, trustee, or person that has in its
10employ one or more employees performing services for it.
11"Employer" also includes any employer subject to the
12Unemployment Insurance Act and any business or trade defined
13as a covered business entity in this Act. All employees
14performing services within this State for any employing unit
15that maintains 2 or more separate establishments within this
16State shall be deemed to be employed by a single employing unit
17for all purposes of this Act.
18    (17) "Employment benefits" means all benefits provided or
19made available to employees by an employer, including, but not
20limited to, life insurance, health insurance, disability
21insurance, sick leave, annual or vacation leave, paid time
22off, educational benefits, and pensions.
23    (18) "Family member" means an employee's child, spouse or
24party to a civil union or legal guardianship, parent,
25grandparent, grandchild, sibling, or any other individual
26related by blood, marriage, or civil union, or whose close



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1relationship with the employee is the equivalent of a family
2relationship as determined by the employee.
3    (19) "Family and medical leave" means leave taken by a
4covered individual:
5        (A) to participate in the providing of care for a
6    family member of the covered individual made necessary by
7    a serious health condition of the family member;
8        (B) to be with a child during the first 12 months after
9    the child's birth, the first 12 months after the placement
10    of the child for adoption or foster care, the first 12
11    months after the child becomes a legal ward, or the first
12    12 months after in loco parentis status of the child is
13    acquired;
14        (C) for the covered individual's own serious health
15    condition, including, but not limited to, conditions in
16    connection with pregnancy, recovery from childbirth,
17    related conditions even though the covered individual does
18    not receive treatment form a health care provider during
19    the absence, including, but not limited to, absence due to
20    morning sickness, a physical limitation arising from
21    pregnancy, or exposure to chemicals or hazardous material
22    that may be harmful, or any related condition;
23        (D) because of any qualifying exigency arising out of
24    the fact that a family member is on active duty (or has
25    been notified of an impending call or order to active
26    duty) in the Armed Forces of the United States;



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1        (E) because the covered individual's or the covered
2    individual's family member is the victim of domestic or
3    sexual violence and the covered individual requests leave
4    because the victim is: (i) experiencing or has experienced
5    an incident of or ongoing domestic or sexual violence;
6    (ii) seeking medical attention for, or recovering from,
7    physical, emotional, or psychological injuries caused by
8    domestic or sexual violence; (iii) obtaining services from
9    a victim services organization; (iv) obtaining
10    psychological or other counseling; (v) participating in
11    safety planning, temporarily or permanently relocating, or
12    taking other actions to increase the safety of the victim
13    or the victim's family members from future domestic or
14    sexual violence to ensure safety or economic security; or
15    (vi) seeking legal assistance or remedies to ensure the
16    health and safety of the victim or the victim's family
17    members, including preparing for or participating in any
18    civil or criminal legal proceeding related to or derived
19    from domestic or sexual violence;
20        (F) when a public health emergency or other disaster,
21    as defined in the Disaster Relief Act or Section 11 of the
22    Illinois Emergency Management Agency Act, has been
23    declared by a municipal, State, or federal official, and
24    until 10 weeks following the official termination or
25    suspension of the public health emergency or other
26    disaster, leave under this Act shall be implemented. Such



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1    leave shall be provided for any reason related to a public
2    health emergency or other disaster, including but not
3    limited to (i) the covered individual is subject to an
4    individual or general federal, State, or local quarantine
5    or isolation order related to a public health emergency or
6    other disaster; (ii) the covered individual has been
7    advised by a health care provider to self-quarantine, or
8    is otherwise under quarantine, including self-imposed
9    quarantine, due to concerns related to a public health
10    emergency or other disaster; (iii) the employee is
11    experiencing symptoms related to a public health emergency
12    or other disaster and is seeking a medical diagnosis; (iv)
13    the covered individual is seeking preventive care or other
14    care or treatment related to a public health emergency or
15    other disaster; (v) the covered individual is caring for a
16    family member who is subject to an order described in
17    clause(i), has been advised as described in clause (ii),
18    is experiencing symptoms or seeking preventive care as
19    described in clause (iii) or clause (iv), or whose
20    caregiving facility or caregiver is partially or
21    completely unavailable due to precautions related to a
22    public health emergency or other disaster; (vi) the
23    covered individual is caring for a child of such covered
24    individual if the school or place of the care of the child
25    has been partially or completely closed, or the child care
26    provider of such child is partially or completely



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1    unavailable due to precautions related to a public health
2    emergency or other disaster, including when the school or
3    place of care is (I) is physically closed but providing
4    virtual learning instruction; (II) requires or makes
5    optional virtual learning instruction; or (III) requires
6    or make available a hybrid of in-person and virtual
7    learning instruction models; (vii) the covered individual
8    is experiencing any other substantially similar condition
9    specified by a federal, State, or local government public
10    health or other official; (viii) the covered individual's
11    hours of work have been reduced, the covered individual
12    has been furloughed, or the covered individual has been
13    terminated from employment; or (ix) the employer is not
14    following the recommended health and safety guidance
15    issued by a federal, State, or local public official
16    related to a public health emergency or other disaster; or
17        (G) To care for a child if the child's school or place
18    of care has been partially or completely closed or if the
19    childcare provider is partially or completely unavailable
20    to provide for the child's well-being.
21    "Family and medical leave" does not include any period of
22time during which a covered individual is paid benefits
23pursuant to the Workers' Compensation Act because the covered
24individual is unable to perform the duties of the covered
25individual's employment due to the covered individual's own
26disability or paid benefits pursuant to the Unemployment



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1Insurance Act.
2    (20) "Family and medical leave benefits" means any
3payments that are payable to an individual for all or part of a
4period of family and medical leave.
5    (21) "Health care provider" means any person licensed
6under federal, State, or local law, or the laws of a foreign
7nation, to provide health care services, any other person who
8has been authorized to provide health care by a licensed
9health care provider, or any other individual determined by
10the Department to be capable of providing health care
12    (22) "Intermittent leave" means a non-consecutive leave
13consisting of intervals, each of which is at least one day
14within a consecutive 12-month period.
15    (23) "Parent" means a biological parent, foster parent,
16adoptive parent, stepparent, or parent-in-law of the covered
17individual or a person who is or was a legal guardian of, or
18who stood in loco parentis to, the covered individual when the
19covered individual was a child, or any other individual whose
20close association with the covered individual is the
21equivalent of a parent as determined by the covered
23    (24) "Placement for adoption" means the time when a
24covered individual adopts a child or becomes responsible for a
25child pending adoption by the covered individual or the
26covered individual's family member.



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1    (25) "Qualifying exigency" means a need arising out of a
2covered individual's family member's active duty service or
3notice of an impending call or order to active duty in the
4Armed Forces, including, but not limited to, providing for the
5care or other needs of the military member's family member,
6making financial or legal arrangements for the military
7member, attending counseling, attending military events or
8ceremonies, spending time with the military member during a
9rest and recuperation leave or following return from
10deployment or making arrangements following the death of the
11military member. "Armed Forces" includes the Army, Navy, Air
12Force, Marine Corps, Coast Guard, and National Guard or
14    (26) "Self-employed individual" means a sole proprietor
15that meets the specifications under the definition of the term
16"employee", a member of a limited liability company or limited
17liability partnership, or an individual who resides in
18Illinois and whose net profit or loss from a business is
19required to be reported to the Illinois Department of Revenue.
20    (27) "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, counseling, or
24continuing supervision by a health care provider or victim
25services organization. "Serious health condition" includes,
26but is not limited to, conditions in connection with



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1pregnancy, recovery from childbirth, or any related condition.
2    (28) "Sexual assault" means any conduct proscribed by: (i)
3Article 11 of the Criminal Code of 2012 except Sections 11-35
4and 11-45; (ii) Sections 12-13, 12-14, 12-14.1, 12-15, and
512-16 of the Criminal Code of 2012; or (iii) a similar
6provision of the Criminal Code of 1961.
7    (29) "Stalking" means any conduct proscribed by the
8Criminal Code of 1961 and the Criminal Code of 2012 in Sections
912-7.3, 12-7.4, and 12-7.5.
10    (29.1) "Statewide average weekly wage" means the wage
11determined by the Department of Employment Security pursuant
12to paragraph 2 of subsection B of Section 401 of the
13Unemployment Insurance Act.
14    (30) "12-month period" means, with respect to an employee
15who establishes a valid claim for family and medical leave
16benefits during a period of family and medical leave, the 365
17consecutive days that begin with the first day that the
18employee first establishes the claim.
19    (31) "Fund" means the Family and Medical Leave Insurance
20Fund established in Section 35.
21    (32) "Victim" or "survivor" means an individual who has
22been subjected to domestic or sexual violence.
23    (33) "Victim services organization" means a nonprofit,
24nongovernmental organization that provides assistance to
25victims of domestic or sexual violence, including rape crisis
26centers, organizations carrying out a domestic violence



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1program, organizations operating a shelter or providing
2counseling services, or a legal services organization or other
3organization providing assistance through the legal process.
4    (34) "Wages" means any remuneration owed an individual
5pursuant to employment, an employment contract or agreement
6between 2 or more parties or a contract for services with a
7covered business entity, whether paid directly or indirectly,
8including, but not limited to, salaries, commissions,
9gratuities, and bonuses, and reasonable cash value of board,
10rent, housing, lodging, payment in kind and all remuneration
11paid in any medium other than cash, and whether the amount is
12determined on a time, task, piece, or any other basis of
14    (35) "Weekly benefit amount" means the amount of wage
15replacement paid to a covered individual on a weekly basis
16while the covered individual is on family and medical leave,
17as provided in Section 40.
18    Section 15. Family and medical leave insurance program.
19    (a) The Department shall establish and administer a family
20and medical leave insurance program.
21    (b) The Department shall establish procedures and forms
22for filing claims for benefits under this Act.
23    (c) The Department shall use information sharing and
24integration technology to facilitate the disclosure of
25relevant information or records by the Department.



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1    (d) Information contained in the files and records
2pertaining to an employee, an individual who contracts for
3services with a covered business entity, a self-employed
4individual, any covered individual under this Act, or a family
5member of such individual is confidential and not open to
6inspection other than by public employees in the performance
7of their official duties. However, the employee, an individual
8who contracts for services with a covered business entity, a
9self-employed individual, a covered individual, or an
10authorized representative of an employee, an individual who
11contracts for services with a covered business entity,
12self-employed individual, or covered individual may review the
13records or receive specific information from the records on
14the presentation of the signed authorization of the employee,
15individual who contracts for services with a covered business
16entity, the self-employed individual, or the covered
17individual. An employer, covered business entity, or the
18employer's or covered business entity's duly authorized
19representative may review the records of an employee employed
20by the employer, individual who contracts for services with a
21covered business entity or self-employed individual in
22connection with a pending claim, with the exception of any
23protected health information provided to the Department by an
24entity covered by the Health Insurance Portability and
25Accountability Act or information related to a use of leave
26authorized under paragraph (E) of item (19) of Section 10. At



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1the Department's discretion, other persons may review records
2when such persons are rendering assistance to the Department
3at any stage of the proceedings on any matter pertaining to the
4administration of this Act. An employer and a covered business
5entity must keep at its place of business for not less than 5
6years from the date of a request for leave records from which
7the information needed by the Department for purposes of this
8Act may be obtained. The records shall at all times be open to
9the inspection of the Department pursuant to rules adopted by
10the Department. An employer or covered business entity subject
11to any provision of this Act shall make and preserve records
12that document the name, address, and occupation of each
13employee or individual who contracts for services with a
14covered business entity, the wages and any other compensation
15paid, benefits provided, and contract for services for each
16employee or individual with a contract for services, and any
17other information the Director may by rule deem necessary and
18appropriate for enforcement of this Act. An employer or
19covered business entity subject to any provision of this Act
20shall preserve those records for a period of not less than 5
21years and shall make reports from the records as prescribed by
22rule or order of the Director, unless the records relate to an
23ongoing investigation or enforcement action under this Act, in
24which case the records must be maintained until their
25destruction is authorized by the Department or by court order.
26    (e) The Department shall develop and implement an outreach



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1program to ensure that individuals who may be eligible to
2receive family and medical leave benefits under this Act are
3made aware of these benefits. Outreach information shall
4explain, in an easy-to-understand format, eligibility
5requirements, the claims process, weekly benefit amounts,
6maximum benefits payable, notice requirements, reinstatement
7and nondiscrimination rights, confidentiality, and
8coordination of leave under this Act and other laws,
9collective bargaining agreements, and employer and covered
10business entity policies. Outreach information shall be
11available in English, Spanish, Polish, Russian, Tagalog,
12Mandarin, and in other languages that are spoken as a primary
13language by a significant portion of the State's population,
14as determined by the Department.
15    (f) An employee or individual who contracts for services
16with a covered business entity may make a claim for benefits
17under this Act on and after January 1 of the year one year
18after the Department begins collecting employer and covered
19business entity premium contributions under this Act.
20    Section 20. Eligibility for benefits.
21    (a) The Department may require that a claim for family and
22medical leave benefits under this Act be supported by a
23certification. For a claim for family and medical leave under
24paragraph (A), (B), or (C) of item (19) of Section 10, the
25certification shall be issued by a health care provider of the



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1employee's, the individual who contracts for services for a
2covered business entity's, or the covered individual's
3choosing who is providing care to the employee or the
4employee's family member if applicable or the individual who
5contracts for services with a covered business entity or such
6individual's family member if applicable, or covered
7individual or the covered individual's family member, however,
8for a claim under paragraph (C) for leave for conditions in
9connection with pregnancy, recovery after childbirth, or any
10related conditions, leave shall be granted even though the
11covered individual does not receive treatment from a health
12care provider during the absence. For a claim for family and
13medical leave because of a qualifying exigency under paragraph
14(D), documentation shall be sufficient if it includes: (i) a
15copy of the family member's active duty orders; (ii) other
16documentation issued by the Armed Forces; or (iii) other
17documentation permitted by the Department. For a claim for
18family and medical leave under paragraph (E) of item (19) of
19Section 10, any one of the following is acceptable for
20certification, and only one of the following documents shall
21be required: a police report, court document, document issued
22by a healthcare provider, or a signed statement from an
23attorney, a member of the clergy, or a victim services
24organization or advocate. It is up to the employee, individual
25who contracts for services with a covered business entity, or
26covered individual to determine which documentation to submit.



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1If documentation has been submitted, the Department or the
2employer or covered business entity shall not request or
3require any other documentation if the reason for the initial
4or subsequent claims for family and medical leave is related
5to the same incident of violence or the same perpetrator of the
6violence. For leave under paragraphs (F) and (G) of item (19)
7of Section 10, a statement signed by the covered individual is
8acceptable documentation for certification.
9    (b) The eligibility of an employee or an individual who
10contracts with a covered business entity for benefits is not
11affected by a strike or lockout at the factory, establishment,
12or other premises at which the employee is or was last
14    (c) An employee or individual who contracts for services
15with a covered business entity who has received benefits under
16this Act may not lose any other employment benefits, including
17seniority or pension rights, accrued before the date that
18family and medical leave commenced. The employer or covered
19business entity shall maintain during any period of family and
20medical leave taken the health benefits of the employee and,
21if applicable, the dependents of the employee or the
22individual who contracts for services with a covered business
23entity, in force at the time a request for family and medical
24leave was made, for the duration of such leave as if the
25employee or individual who contracts for services with a
26covered business entity had continued to work from the date



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1the employee or individual who contracts for services with a
2covered business entity commenced the family and medical leave
3until the date the employee or individual who contracts for
4services with a covered business entity returns to work.
5However, this Section does not entitle an employee or
6individual who contracts for services with a covered business
7entity to accrue employment benefits during a period of family
8and medical leave or to a right, benefit, or position of
9employment other than a right, benefit, or position to which
10the employee or individual who contract for services with a
11covered business entity would have been entitled had the
12employee or individual who contracts for services with a
13covered business entity not taken family and medical leave.
14    (d) This Act does not diminish an employer's or covered
15business entity's obligation to comply with a collective
16bargaining agreement or an employment benefits program or plan
17that provides greater benefits to employees or individuals who
18contract for services with a covered business entity than the
19benefits provided under this Act.
20    (e) An agreement by an employee or individual who
21contracts for services with a covered business entity to waive
22the rights of the employee or individual who contracts for
23services with a covered business entity under this Section is
24void as contrary to public policy. The benefits under this Act
25may not be diminished by a collective bargaining agreement or
26another employment benefits program or plan entered into or



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1renewed after the effective date of this Act.
2    (f) Subject to the requirements of this Act, an individual
3shall be eligible to receive benefits under this Act if that
4individual has been paid during the individual's base period
5wages equal to not less than $1,600, provided that the
6individual has been paid wages equal to at least $440 during
7that part of the individual's base period which does not
8include the calendar quarter in which the wages paid to the
9individual were highest. "Base period" means the first 4 of
10the last 5 completed calendar quarters immediately preceding
11the Sunday immediately preceding the first day that family and
12medical leave under this Act commences for the covered
13individual. However, if an individual is not eligible to
14receive family and medical leave benefits or an individual's
15weekly benefit amount would be lower using such base period, a
16base period consisting of the last 4 completed quarters
17immediately preceding the Sunday immediately preceding the
18first day that family and medical leave under this Act
19commences shall be used to establish eligibility or a higher
20weekly benefit amount for the covered individual.
21    Section 25. Elective coverage; self-employed.
22    (a) For benefits payable beginning January 1, 2023, any
23self-employed person, including a sole proprietor, independent
24contractor, partner, or joint venturer, who has
25self-employment income for work performed in Illinois in



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1accordance with the definition of covered individual under
2item (9) of Section 10 may elect coverage for an initial period
3of not less than 3 years and subsequent periods of not less
4than one year immediately following a period of coverage.
5Those electing coverage under this Act are responsible for
6payment of 100% of all premiums assessed to any employer under
7this Act. The self-employed person must file a notice of
8election in writing with the Department in a manner as
9required by the Department by rule.
10    (b) A self-employed person who has elected coverage may
11withdraw from coverage within 30 days after the end of each
12period of coverage, or at such other times as the Department
13may adopt by rule, by filing a notice of withdrawal in writing
14with the Department, such withdrawal to take effect not sooner
15than 30 days after the filing the notice with the Department.
16    (c) The Department may cancel elective coverage if the
17self-employed person fails to make required payments or file
18reports. The Department may collect due and unpaid premiums
19and may levy additional premiums for the remainder of the
20period of coverage. The cancellation shall be effective no
21later than 30 days after the date of the notice in writing
22advising the self-employed person of the cancellation.
23    (d) Those electing coverage are considered employees or
24employers where the context so dictates.
25    (e) In this Section, "independent contractor" means an
26individual excluded from employment under the definition of



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1"employee" under Section 10.
2    Section 30. Disqualification from benefits.
3    (a) An employee is disqualified from family and medical
4leave benefits under this Act if the employee:
5        (1) willfully makes a false statement or
6    misrepresentation regarding a material fact or willfully
7    fails to disclose a material fact to obtain benefits; or
8        (2) seeks benefits based on a serious health condition
9    that resulted from the employee's commission of a felony.
10    (b) A disqualification for family and medical leave
11benefits is for a period of 2 years and commences on the first
12day of the calendar week in which the employee filed a claim
13for benefits under this Act.
14    An employee who is disqualified for benefits is liable to
15the Department for a penalty of 15% of the amount of benefits
16received by the employee in addition to the total amount of
17benefits received.
18    Section 35. Family and Medical Leave Insurance Fund.
19    (a) The Family and Medical Leave Insurance Fund is created
20as a special fund in the State treasury. Moneys in the Fund may
21be used for the payment of family and medical leave benefits
22and for the administration of this Act. All interest and other
23earnings that accrue from investment of moneys in the Fund
24shall be credited to the Fund.



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1    (b) An employer and a covered business entity shall pay a
2premium contribution in the amount of 0.73% of wages for all
3employees and individuals who contract for services with a
4covered business entity. The Department shall by rule provide
5for the collection of the employer's premium contribution. The
6amount of the employer's premium contribution imposed under
7this Section, less refunds authorized by this Act, and all
8assessments and penalties collected under this Act shall be
9deposited into and credited to the Fund.
10    (c) A separate account, to be known as the Family and
11Medical Leave Insurance Administration Account, shall be
12maintained in the Fund. An amount determined by the Department
13sufficient for proper administration, not to exceed 0.05% of
14additional employer and covered business entity premium
15contributions as defined in this Section, shall be collected
16and credited to the Administration Account. The expenses of
17the Department in administering the Fund and its accounts
18shall be charged against the Administration Account. The costs
19of administration of this Act shall be charged to the
20Administration Account.
21    (d) A separate account, to be known as the Family and
22Medical Leave Benefits Account, shall be maintained in the
23Fund. The account shall be charged with all benefit payments.
24    (e) A board of trustees, consisting of the State
25Treasurer, the Secretary of State, the Director of Labor, the
26Director of Employment Security, and the State Comptroller, is



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1hereby created. The board shall invest and reinvest all moneys
2in the Fund in excess of its cash requirements in obligations
3legal for savings banks.
4    (f) The Department may adjust rates for the collection of
5premiums pursuant to subsection (b) of this Section. The
6Department shall set rates for premiums in a manner that
7minimizes the volatility of the rates assessed and so that at
8the end of the period for which the rates are effective, the
9cash balance shall be an amount approximating 125% of 12
10months of projected expenditures from the Fund, considering
11the functions and duties of the Department under this Act.
12    (g) An employer or covered business entity required to pay
13premium contributions under this Section shall make and file a
14report of amounts due under this Section upon a combined
15report form prescribed by the Department. The report shall be
16filed with the Department at the times and in the manner
17prescribed by the Department.
18    (h) If the employer or covered business entity is a
19temporary employment agency that provides employees or
20individuals who contract for services with a covered business
21entity on a temporary basis to its customers, the temporary
22employment agency is considered a joint employer with its
23customers for purposes of this Act.
24    (i) When an employer or covered business entity goes out
25of business or sells out, exchanges, or otherwise disposes of
26the business or stock of goods, any premiums payable under



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1this Section are immediately due and payable, and the employer
2or covered business entity shall, within 10 days thereafter,
3pay the premiums due. A person who becomes a successor to the
4business is liable for the full amount of the premiums and
5shall withhold from the purchase price a sum sufficient to pay
6any premiums due from the employer until the employer produces
7a receipt from the Department showing payment in full of any
8premiums due or a certificate that no premium is due. If the
9premiums are not paid by the employer or covered business
10entity within 10 days after the date of the sale, exchange, or
11disposal, the successor is liable for the payment of the full
12amount of the premiums. The successor's payment of the
13premiums are, to the extent of the payment, a payment upon the
14purchase price, and if the payment is greater in amount than
15the purchase price, the amount of the difference is a debt due
16the successor from the employer or covered business entity. A
17successor is not liable for any premiums due from the person
18from whom the successor has acquired a business or stock of
19goods if the successor gives written notice to the Department
20of the acquisition and no assessment is issued by the
21Department within one year after receipt of the notice against
22the former operator of the business.
23    (j) This Section is inoperative before January 1, 2023. At
24that time, the Department shall begin collecting the amounts
25due under this Section.



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1    Section 40. Weekly benefit for family and medical leave.
2    (a) An individual's weekly benefit rate shall be
3determined as follows: if the average weekly wage to the
4employee or individual who contracts for services with a
5covered business entity is (a) 50% or less of the statewide
6average weekly wage, the weekly benefit for the employee or
7individual with a contract for services with a covered
8business entity is 90% of the average weekly wage of the
9employee or individual with a contract for services with a
10covered business entity or (b) greater than 50% of the
11statewide average weekly wage, the weekly benefit for the
12employee or individual with a contract for services with a
13covered business entity is the sum of: (i) 90% of the average
14weekly wage of the employee or individual with a contract for
15services with a covered business entity up to 50% of the
16statewide average weekly wage; and (ii) 50% of the average
17weekly wage of the employee or individual with a contract for
18services with a covered business entity that is greater than
1950% of the statewide average weekly wage. The benefit rate
20shall be computed to the next lower multiple of $1 if not
21already a multiple thereof. The amount of benefits for each
22day of family and medical leave for which benefits are payable
23shall be one-seventh of the corresponding weekly benefit
24amount; provided that the total benefits for a fractional part
25of a week shall be computed to the next lower multiple of $1 if
26not already a multiple thereof.



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1    (b) The maximum weekly benefit for family and medical
2leave that occurs on or after January 1, 2021 shall be $1,000.
3By September 30, 2023, and by each subsequent September 30th,
4the maximum weekly benefit shall be adjusted to 90% of the
5State average weekly wage. The adjusted maximum weekly benefit
6amount takes effect on the following January 1st.
7    (c) With respect to any period of family and medical leave
8taken by a covered individual, family and medical leave
9insurance benefits not in excess of the covered individual's
10maximum benefits shall be payable with respect to the first
11day of family and medical leave taken and each subsequent day
12of family and medical leave during that period of family and
13medical leave. The maximum total benefits payable to any
14covered individual commencing on or after the effective date
15of this Act shall be 26 times the weekly benefit amount for an
16employee or individual with a contract for services with a
17covered business entity in the applicable benefit year, except
18for individuals taking leave pursuant to paragraph (C) of item
19(19) of Section 10 for conditions in connection with
20pregnancy, recovery from childbirth, or any related condition
21where the maximum total benefits payable to any covered
22individual shall be 52 times the employee's weekly benefit
23amount in the applicable benefit year, provided that the
24maximum amount shall be computed in the next lower multiple of
25$1 if not already a multiple thereof.
26    (d) The first payment of benefits must be made to a covered



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1individual within 14 calendar days after the claim is filed
2and there is sufficient information to approve at least one
3week of benefits; subsequent payments must be made no later
4than semi-monthly thereafter.
5    Nothing in this Act shall be construed to prohibit the
6establishment by an employer or a covered business entity,
7without approval by the Department, of a supplementary plan or
8plans providing for the payment to employees or individuals
9with a contract for services with a covered business entity,
10or to any class or classes of employees or individuals with a
11contract for services with a covered business entity, of
12benefits in addition to the benefits provided by this Act. The
13rights, duties, and responsibilities of all interested parties
14under the supplementary plans shall be unaffected by any
15provision of this Act.
16    Section 45. Family and medical leave; duration. A covered
17individual may take up to 26 weeks of family and medical leave
18within any 12-month period for reasons identified in
19paragraphs (A), (B), (C), (D), and (E) of item (19) of Section
2010. However, a covered individual may take up to an additional
2126 weeks of family and medical leave within any 12-month
22period for which the covered individual is eligible for leave
23under paragraph (C) of item (19) of Section 10 taken in
24connection with pregnancy, recovery from childbirth, or
25related conditions. A covered individual may take family and



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1medical leave on an intermittent schedule in which all of the
2leave authorized under this Act is not taken sequentially.
3    Section 50. Annual reports; contents.
4    (a) The Department shall issue and make available to the
5public, not later than July 1, 2024 and July 1 of each
6subsequent year, annual reports providing data on family and
7medical leave benefits claims including separate data for each
8of the following categories of claims: the employee's or
9individual with a contract for services with a covered
10business entity's own serious illness; care of newborn
11children; care of newly adopted and fostered children; care of
12seriously ill family members; because of family members on
13active duty in the Armed Forces; for domestic or sexual
14violence, and for conditions in connection with pregnancy,
15recovering from childbirth, or related conditions. The reports
16shall include, for each category of claims, the number of
17individuals receiving the benefits, the amount of benefits
18paid, the average duration of benefits, and the average weekly
19benefit. The report shall provide data by gender, race,
20ethnicity, income, and any other demographic factors
21determined to be relevant by the Department. The reports shall
22also provide, for all family and medical leave benefits, the
23total costs of benefits and the total cost of administration,
24the portion of benefits for claims during family and medical
25leave, and the total revenues from employer or covered



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



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1this Section shall be charged to the Administration Account of
2the Fund.
3    Section 55. Prohibited acts; enforcement.
4    (a) No employer, employment and labor placement agency,
5employment agency, employee organization, covered business
6entity, or other person shall discharge, expel, or otherwise
7retaliate or discriminate against a person because the person
8has requested family and medical leave, attempted to claim
9family and medical leave benefits, taken family and medical
10leave, filed or communicated to the employer or covered
11business entity an intent to file a claim, a complaint, or an
12appeal, or has testified or is about to testify or has assisted
13in any proceeding, under this Act, at any time.
14    (b) Any employer or covered business entity who violates
15subsection (a) shall be liable to the individual employed by
16or contracted for services with such a person who is affected
17by the violation for damages equal to the sum of:
18        (1) the amount of:
19            (A) any wages, salary, employment benefits, or
20        other compensation denied or lost to such individual
21        by reason of the violation; or
22            (B) in a case in which wages, salary, employment
23        benefits, or other compensation have not been denied
24        or lost to the individual, any actual monetary losses
25        sustained by the individual as a direct violation,



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1        such as the cost of providing care, up to a sum equal
2        to 60 calendar days of wages or salary for the
3        individual; and
4        (2) the interest on the amount described under
5    paragraph (A) of item (1) calculated at the prevailing
6    rate; and
7        (3) an additional amount as liquidated damages equal
8    to the sum of the amount described in item (1) and the
9    interest described in item (2), except if a person who has
10    violated subsection (a) proves to the satisfaction of the
11    court that the act or omission was in good faith and that
12    the person had reasonable grounds for believing that the
13    act or omission was not a violation of subsection (a), the
14    court may, in the discretion of the court, reduce the
15    amount of the liability to the amount and interest
16    determined under paragraph (A) or (B) of item (1),
17    respectively.
18    In addition, a court may order such equitable relief as
19may be appropriate, including employment, reinstatement,
20promotion, and reinstatement of a contract for services.
21    (c) An action to recover the damages or obtain equitable
22relief subsection (a) may be maintained against any person in
23any court on behalf of:
24        (1) the individual; or
25        (2) the individual or other individuals similarly
26    situated.



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1    (d) The court in such an action shall, in addition to any
2judgment awarded to the covered individual, allow reasonable
3attorney's fees, reasonable expert witness fees, and other
4costs of the action to be paid by the defendant.
5    (e) The right under subsection (c) to bring an action by or
6on behalf of any individual shall terminate:
7        (1) on the filing of a complaint by the Department in
8    an action in which restraint is sought of any further
9    delay in the payment of the amount described in item (1) of
10    subsection (b) to such individual by the person
11    responsible under subsection (a) for the payment; or
12        (2) on the filing of a complaint by the Department in
13    an action under subsection (f) in which a recovery is
14    sought of the damages described in item (1) of subsection
15    (b) owing to an individual by a person liable under
16    subsection (a).
17    (f) Action by the Department.
18        (1) The Department may bring an action in any court to
19    recover the damages described in item (1) of subsection
20    (b).
21        (2) Any sums recovered under item (1) of this
22    subsection shall be held in a special deposit account and
23    shall be paid, on order of the Department, directly to
24    each individual affected. Any such sums not paid to an
25    individual because of inability to do so within a period
26    of 3 years shall be deposited into the Fund.



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1        (3) An action may be brought under this subsection not
2    later than 3 years after the date of the last event
3    constituting the alleged violation for which the action is
4    brought.
5        (4) An action brought by the Department under this
6    subsection shall be considered to be commenced on the date
7    when the complaint is filed.
8        (5) The Department may bring an action to restrain
9    violations of subsection (a), including the restraint of
10    any withholding of payment of wages, salary, employment
11    benefits, or other compensation, plus interest, found by
12    the court to be due to the individual, or to award such
13    other equitable relief as may be appropriate, including
14    employment, reinstatement, and promotion.
15    (g) A person aggrieved by a decision of the Department
16under this Act may request a hearing. The Department shall
17adopt rules governing hearings and the issuance of final
18orders under this Act in accordance with the Illinois
19Administrative Procedure Act. All final administrative
20decisions of the Department under this Act are subject to
21judicial review under the Administrative Review Law.
22    Section 60. Penalties.
23    (a) A person who makes a false statement or
24representation, knowing it to be false, or knowingly fails to
25disclose a material fact to obtain or increase any family and



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



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1misdemeanor. The fine upon conviction shall be payable to the
2Fund. Any penalties imposed by this subsection shall be in
3addition to those otherwise prescribed in this Section.
4    Section 65. Leave and employment protection.
5    (a) During a period in which an employee or individual who
6contracts for services with a covered business entity receives
7family and medical leave benefits under this Act, the employee
8or individual who contracts for services with a covered
9business entity is entitled to family and medical leave and,
10at the established ending date of leave, to be restored to a
11position of employment or restoration of the contract for
12services with the employer or covered business entity from
13whom leave was taken as provided under subsection (b).
14    (b) Except as provided in subsection (d), an employee or
15individual with a contract for services with a covered
16business entity who receives family and medical leave benefits
17under this Act for the intended purpose of the family and
18medical leave is entitled, on return from the leave:
19        (1) to be restored by the employer to the position of
20    employment held by the employee or restored by the covered
21    business entity to the contract for services when the
22    family and medical leave commenced; or
23        (2) to be restored to an equivalent position or
24    contract with equivalent employment benefits, pay, and
25    other terms and conditions of employment or contract at a



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1    workplace within the same or a geographically proximate
2    worksite (such as one that does not involve a significant
3    increase in commuting time or distance) when the family
4    and medical leave commenced.
5    (c) The taking of family and medical leave under this Act
6may not result in the loss of any employment or contract
7benefits accrued before the date on which the family and
8medical leave commenced.
9    (d) Nothing in this Section entitles a restored employee
10or individual who contracts for services with a covered
11business entity to:
12        (1) the accrual of any seniority or employment
13    benefits during any period of family and medical leave; or
14        (2) any right, benefit, or position of employment
15    other than any right, benefit, or position to which the
16    employee would have been entitled had the employee not
17    taken the family and medical leave.
18    (e) Nothing in this Section prohibits an employer from
19requiring an employee or individual who contracts for services
20with a covered business entity on family and medical leave to
21report periodically, but no more than twice every 4 weeks of
22leave, to the employer or covered business entity on the
23status and intention of the employee or individual with a
24contract for services to return to work.
25    Section 70. Pregnancy; effect of other State law. No



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1individual shall suffer any repercussion under any Illinois
2law, rule, or policy for any decisions the covered individual
3is authorized to make under this Act regarding leave related
4to pregnancy, recovery from childbirth, or related conditions.
5    Section 75. Notice to employer or covered business entity.
6If the necessity for family and medical leave for any reason
7under item (19) of Section 10 is foreseeable, the employee or
8individual with a contract for services with a covered
9business entity shall provide the employer or covered business
10entity with not less than 30 days' notice, before the date the
11leave is to begin, of the intention of the employee or
12individual with a contract for series with a covered business
13entity to take leave, except that if the expected date
14requires leave to begin in less than 30 days, the employee or
15individual with a contract for services with a covered
16business entity shall provide such notice as is practical.
17    Section 80. Employment by same employer or covered
18business entity. The right of an employee or individual who
19contracts for services with a covered business entity to leave
20under this Act shall not be altered or abridged by access to
21leave of any other employee or individual who contracts for
22services with a covered business entity.
23    Section 85. Coordination of leave. Family and medical



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1leave taken under this Act must be taken concurrently with any
2leave taken under the federal Family and Medical Leave Act of
31993, if applicable.
4    Section 90. Notice. Every employer and covered business
5entity covered by this Act shall post and keep posted, in a
6conspicuous place on the premises of the employer or covered
7business entity where notices to employees are customarily
8posted, a notice, to be prepared or approved by the Director of
9Employment Security, summarizing the requirements of this Act
10and information pertaining to the filing of a charge. Every
11employer and covered business entity shall also provide such
12notice to employees and individuals with contracts for
13services with a covered business entity through electronic
14transmission to the employee or individual with a contract for
15services with the covered business entity. The Director shall
16furnish copies of summaries and rules to the employers and
17covered business entities upon request without charge. Any
18employer or covered business entity that fails to post the
19required notice or transmit such notice may not rely on this
20Act to claim that the employee or individual with a contract
21for services with a covered business entity failed to inform
22the employer or covered business entity that the employee or
23individual with a contract for services with a covered
24business entity wanted or was eligible for leave under this



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1    Section 95. Rules. The Department may adopt any rules
2necessary to implement this Act.
3    Section 105. Severability. The provisions of this Act are
4severable under Section 1.31 of the Statute on Statutes.
5    Section 900. The State Finance Act is amended by adding
6Section 5.935 as follows:
7    (30 ILCS 105/5.935 new)
8    Sec. 5.935. The Family and Medical Leave Insurance Fund.
9    Section 999. Effective date. This Act takes effect January
101, 2022.".