102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3120

 

Introduced 1/11/2022, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Illinois Support Through Loss Act. Requires an employer to grant to each employee 24 hours of paid leave time on the employee's first workday of each calendar year. Provides that the employee shall use the paid leave time as needed during that calendar year for either (i) an absence resulting from a pregnancy loss; an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure; a failed adoption match or an adoption that is not finalized because it is contested by another party; a failed surrogacy arrangement; or a diagnosis or event that impacts pregnancy or fertility; or (ii) an absence to care for a spouse or domestic partner who experiences a circumstance described in item (i). Requires paid leave time to be provided upon the oral or written request of an employee. Provides that any paid leave time granted shall not carry over from one calendar year to the next. Provides that any employer with a paid leave policy that is sufficient to meet the requirements of the Act shall not be required to grant an employee additional paid leave time in accordance with the Act. Prohibits an employer from requiring the employee to find a replacement employee to cover the hours during which the employee is using paid leave time. Provides that an employer is not required to provide an employee with reimbursement for granted paid leave time that has not been used. Prohibits an employer from retaliating against an employee who uses paid leave time or files a complaint alleging a violation of the Act. Exempts from the requirements of the Act an employer who is subject to the Railway Labor Act, the Railroad Unemployment Insurance Act, the Federal Employers' Liability Act, or other comparable federal law. Provides that the Director of Labor shall administer and enforce the Act. Grants an employee the right to bring an action to recover damages. Grants the Department of Labor rulemaking authority.


LRB102 24118 SPS 33344 b

 

 

A BILL FOR

 

SB3120LRB102 24118 SPS 33344 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Illinois Support Through Loss Act.
 
6    Section 5. Findings. The General Assembly finds and
7declares that pregnancy loss is a traumatic and life-altering
8experience for those who develop pregnancies and their
9families. 10% to 15% of pregnancies end in miscarriage, with
10most pregnancy loss happening in the first trimester, before
11the 12th week of pregnancy. One in 6 women who have a
12miscarriage or an ectopic pregnancy suffer from long-term
13post-traumatic stress, with approximately 15% of those who
14experience pregnancy loss developing severe depression or
15anxiety to the state of clinical diagnosis. Pregnancy loss not
16only has physical impacts, but mental and psychosocial
17implications. The General Assembly further acknowledges the
18disparities affecting Black individuals, Indigenous
19individuals, and people of color who often experience nearly
20twice the rate of pregnancy loss than those of their white
21counterparts. Individuals need time to process and address
22their own health needs and the health needs of their partners
23during the period following a pregnancy loss, an unsuccessful

 

 

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1round of intrauterine insemination or of an assisted
2reproductive technology procedure, a failed adoption
3arrangement, a failed surrogacy arrangement, or a diagnosis or
4event that impacts pregnancy or fertility. Providing paid
5leave time after pregnancy loss is critical for individuals to
6address both their mental and physical needs.
 
7    Section 10. Definitions. As used in this Act:
8    "Assisted reproduction" means a method of achieving a
9pregnancy through an artificial insemination or an embryo
10transfer and includes gamete and embryo donation. "Assisted
11reproduction" does not include any pregnancy achieved through
12sexual intercourse.
13    "Department" means the Department of Labor.
14    "Domestic partner", used with respect to an unmarried
15employee, includes:
16        (1) the person recognized as the domestic partner of
17    the employee under any domestic partnership or civil union
18    law of a state or political subdivision of a state; and
19        (2) an unmarried adult person who is in a committed,
20    personal relationship with the employee, who is not a
21    domestic partner as described in paragraph (1) to or in
22    such a relationship with any other person, and who is
23    designated to the employee's employer by such employee as
24    that employee's domestic partner.
25    "Employee" means any person employed by an employer.

 

 

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1"Employee" includes a person employed on a full-time or
2part-time basis or as a participant in a work assignment as a
3condition of receipt of federal or State income-based public
4assistance.
5    "Employer" means any of the following:
6        (1) any agency of the State;
7        (2) any unit of local government or school district;
8    or
9        (3) any person that employs at least one employee.
10    "Employment benefits" means all benefits provided or made
11available to employees by an employer, including group life
12insurance, health insurance, disability insurance, sick leave,
13annual leave, educational benefits, and pensions, regardless
14of whether such benefits are provided by a practice or written
15policy of an employer.
16    "Paid leave time" means an increment of compensated leave
17that can be granted to an employee for use during an absence
18from employment for any reason described in Section 15.
 
19    Section 15. Paid leave time. An employer shall grant to
20each employee 24 hours of paid leave time on the employee's
21first workday of each calendar year. The employee shall use
22the paid leave time as needed during that calendar year for
23either of the following:
24        (1) An absence resulting from:
25            (A) a pregnancy loss;

 

 

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1            (B) an unsuccessful round of intrauterine
2        insemination or of an assisted reproductive technology
3        procedure;
4            (C) a failed adoption match or an adoption that is
5        not finalized because it is contested by another
6        party;
7            (D) a failed surrogacy arrangement; or
8            (E) a diagnosis or event that impacts pregnancy or
9        fertility.
10        (2) An absence to care for a spouse or domestic
11    partner who experiences a circumstance described in
12    paragraph (1) of this Section.
 
13    Section 20. Procedures. Paid leave time shall be provided
14upon the oral or written request of an employee. Such request
15shall:
16        (1) include the expected duration of the period of
17    such time; and
18        (2) be provided as soon as practicable after the
19    employee is aware of the need for such period.
 
20    Section 25. Carryover. Paid leave time granted under this
21Act shall not carry over from one calendar year to the next.
 
22    Section 30. Existing employment benefits. Any employer
23with a paid leave policy who makes available an amount of paid

 

 

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1leave that is sufficient to meet the requirements of this Act
2and that is made available for all stated reasons and under all
3stated conditions that are the same as the reasons and
4conditions outlined in Section 15 shall not be required to
5grant an employee additional paid leave time under this Act.
 
6    Section 35. Prohibition. An employer may not require, as
7a condition of providing paid leave time to an employee under
8this Act, that the employee search for or find a replacement
9employee to cover the hours during which the employee is using
10paid leave time.
 
11    Section 40. Limitations. Nothing in this Act shall be
12construed as requiring financial or other reimbursement to an
13employee from an employer upon the employee's termination,
14resignation, retirement, or other separation from employment
15for granted paid leave time that has not been used.
 
16    Section 45. Retaliation prohibited. An employer shall not
17deny an employee the right to use paid leave time in accordance
18with this Act or discharge, threaten to discharge, demote,
19suspend, or in any manner discriminate against an employee for
20using paid leave time, attempting to exercise the right to use
21paid leave time, filing a complaint with the Illinois
22Department of Labor or alleging a violation of this Act,
23cooperating in an investigation or prosecution of an alleged

 

 

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1violation of this Act, or opposing any policy or practice or
2act that is prohibited by this Act. Nothing in this Section
3prohibits an employer from applying the terms and conditions
4set forth in the employment benefit plan or paid time off
5policy applicable to paid leave time.
 
6    Section 50. Employments exempted from coverage.
7    (a) This Act does not apply to an employee of an employer
8subject to the provisions of Title II of the Railway Labor Act
9(45 U.S.C. 181 et seq.) or to an employer or employee as
10defined in either the federal Railroad Unemployment Insurance
11Act (45 U.S.C. 351 et seq.) or the Federal Employers'
12Liability Act (45 U.S.C. 51-60), or other comparable federal
13law.
14    (b) Nothing in this Act shall be construed to invalidate,
15diminish, or otherwise interfere with any collective
16bargaining agreement nor shall it be construed to invalidate,
17diminish, or otherwise interfere with any party's power to
18collectively bargain such an agreement.
19    (c) This Act does not apply to any other employment
20expressly exempted under rules adopted by the Department as
21necessary to implement this Act in accordance with applicable
22State and federal law.
 
23    Section 55. Enforcement.
24    (a) Department of Labor.

 

 

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1        (1) The Director or his or her authorized
2    representative shall administer and enforce the provisions
3    of this Act. Any employee or a representative of employees
4    who believes his or her rights under this Act have been
5    violated may, within 3 years after the alleged violation
6    occurs, file a complaint with the Department requesting a
7    review of the alleged violation. A copy of the complaint
8    shall be sent to the person who allegedly committed the
9    violation, who shall be the respondent. Upon receipt of a
10    complaint, the Director shall cause such investigation to
11    be made as he or she deems appropriate. The investigation
12    shall provide an opportunity for a public hearing at the
13    request of any party to the review to enable the parties to
14    present information relating to the alleged allegation.
15    The parties shall be given written notice of the time and
16    place of the hearing at least 7 days before the hearing.
17    Upon receiving the report of the investigation, the
18    Director shall make findings of fact. If the Director
19    finds that a violation did occur, he or she shall issue a
20    decision incorporating his or her findings and requiring
21    the party committing the violation to take such
22    affirmative action to abate the violation as the Director
23    deems appropriate, including:
24            (A) damages equal to the amount of wages, salary,
25        employment benefits, public assistance, or other
26        compensation denied or lost to such individual by

 

 

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1        reason of the violation, and the interest on that
2        amount calculated at the prevailing rate;
3            (B) such equitable relief as may be appropriate,
4        including, but not limited to, hiring, reinstatement,
5        promotion, and reasonable accommodations; and
6            (C) reasonable attorney's fees, reasonable expert
7        witness fees, and other costs of the action to be paid
8        by the respondent to a prevailing employee.
9        If the Director finds that there was no violation, he
10    or she shall issue an order denying the complaint. An
11    order issued by the Director under this Section shall be
12    final and subject to judicial review under the
13    Administrative Review Law.
14        (2) The Director shall adopt rules necessary to
15    administer and enforce this Act in accordance with the
16    Illinois Administrative Procedure Act. The Director shall
17    have the powers and the parties shall have the rights
18    provided in the Illinois Administrative Procedure Act for
19    contested cases, including, but not limited to, provisions
20    for depositions, subpoena power and procedures, and
21    discovery and protective order procedures.
22    (b) Refusal to pay damages. Any employer who has been
23ordered by the Director of Labor or the court to pay damages
24under this Section and who fails to do so within 30 days after
25the order is entered is liable to pay a penalty of 1% per
26calendar day to the employee for each day of delay in paying

 

 

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1the damages to the employee.
 
2    Section 60. Effect on other laws and employment benefits.
3    (a) More protective laws, agreements, programs, and plans.
4Nothing in this Act shall be construed to supersede any
5provision of any federal, State, or local law, collective
6bargaining agreement, or employment benefits program or plan
7that provides greater paid leave benefits than those provided
8under this Act.
9    (b) Less protective laws, agreements, programs, and plans.
10The rights established for employees under this Act shall not
11be diminished by any local law, collective bargaining
12agreement, or employment benefits program or plan unless
13otherwise required by federal or state law.
 
14    Section 65. Severability. If any provision of this Act or
15the application of such provision to any person or
16circumstance is held to be in violation of the United States
17Constitution or Illinois Constitution, the remainder of the
18provisions of this Act and the application of those provisions
19to any person or circumstance shall not be affected.
 
20    Section 70. Rules. The Department may adopt rules to
21implement this Act.