103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5294

 

Introduced 2/9/2024, by Rep. Laura Faver Dias

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.1015 new

    Creates the Family Neonatal Intensive Care Leave Act. Provides that all employees shall be entitled to use a maximum of 10 days of unpaid neonatal intensive care leave while a child of the employee is a patient in a neonatal intensive care unit. Provides that an employer shall not require that an employee use leave the employee is entitled to under the Family Medical Leave Act instead of leave the employee is entitled to under the Act. Sets forth provisions concerning unlawful employer practices; Department of Labor responsibilities; and enforcement. Amends the State Finance Act to create the Neonatal Intensive Care Leave Fund.


LRB103 37634 SPS 67761 b

 

 

A BILL FOR

 

HB5294LRB103 37634 SPS 67761 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 Family
5Neonatal Intensive Care Leave Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Child" means an employee's son or daughter who is a
8biological, adopted, or foster child, a stepchild, a legal
9ward, or a child of a person standing in loco parentis.
10    "Department" means the Department of Labor.
11    "Employee" means eligible employee, as defined by Section
12101(2) of the federal Family and Medical Leave Act of 1993 (29
13U.S.C. 2601 et seq.).
14    "Employer" means employer, as defined by Section 101(4) of
15the federal Family and Medical Leave Act of 1993 (29 U.S.C.
162601 et seq.).
17    "Neonatal intensive care unit" or "NICU" means a special
18care unit that provides medical treatment to premature and
19critically ill infants.
 
20    Section 10. Neonatal intensive care family leave.
21    (a) All employees shall be entitled to use a maximum of 10
22days of unpaid neonatal intensive care leave while a child of

 

 

HB5294- 2 -LRB103 37634 SPS 67761 b

1the employee is a patient in a neonatal intensive care unit.
2    (b) An employer shall not require that an employee use
3leave the employee is entitled to under the Family Medical
4Leave Act instead of leave the employee is entitled to under
5this Act.
 
6    Section 15. Unlawful employer practices.
7    (a) It is unlawful for any employer to take any adverse
8action against an employee because the employee (1) exercises
9rights or attempts to exercise rights under this Act, (2)
10opposes practices which such employee believes to be in
11violation of this Act, or (3) supports the exercise of rights
12of another under this Act.
13    (b) Exercising rights under this Act includes filing an
14action or instituting or causing to be instituted any
15proceeding under or related to this Act; providing or agreeing
16to provide any information in connection with any inquiry or
17proceeding relating to any right provided under this Act; or
18testifying to or agreeing to testify in any inquiry or
19proceeding relating to any right provided under this Act.
 
20    Section 20. Department responsibilities.
21    (a) The Department shall administer and enforce this Act
22and adopt rules under the Illinois Administrative Procedure
23Act for the purpose of this Act. The Department shall have the
24powers and the parties shall have the rights provided in the

 

 

HB5294- 3 -LRB103 37634 SPS 67761 b

1Illinois Administrative Procedure Act for contested cases. The
2Department shall have the power to conduct investigations in
3connection with the administration and enforcement of this
4Act, including the power to conduct depositions and discovery
5and to issue subpoenas. If the Department finds cause to
6believe that this Act has been violated, the Department shall
7notify the parties in writing and the matter shall be referred
8to an administrative law judge to schedule a formal hearing in
9accordance with hearing procedures established by rule.
10    (b) The Department is authorized to impose civil penalties
11prescribed in Section 25 in administrative proceedings that
12comply with the Illinois Administrative Procedure Act and to
13supervise the payment of the unpaid wages and damages owing to
14the employee or employees under this Act. The Department may
15bring any legal action necessary to recover the amount of
16unpaid wages, damages, and penalties, and the employer shall
17be required to pay the costs. Any sums recovered by the
18Department on behalf of an employee under this Act shall be
19paid to the employee or employees affected. However, 20% of
20any penalty collected from the employer for a violation of
21this Act shall be deposited into the Neonatal Intensive Care
22Leave Fund, a special fund created in the State treasury, and
23used for the enforcement of this Act.
24    (c) The Attorney General may bring an action to enforce
25the collection of any civil penalty imposed under this Act.
 

 

 

HB5294- 4 -LRB103 37634 SPS 67761 b

1    Section 25. Enforcement.
2    (a) An employee who believes his or her rights under this
3Act or any rule adopted under this Act have been violated may,
4within 60 days after the date of the last event constituting
5the alleged violation for which the action is brought, file a
6complaint with the Department or file a civil action.
7    (b) An employer that violates any provision of this Act or
8any rule adopted under this Act is subject to a civil penalty
9for each employee affected as follows:
10        (1) first offense, a civil penalty not to exceed $500;
11        (2) second or subsequent offense, a civil penalty not
12    to exceed $1,000.
13    (c) A civil action may be brought in the circuit court by
14an employee to enforce this Act. The circuit court may enjoin
15any act or practice that violates or may violate this Act and
16may order any other equitable relief that is necessary and
17appropriate to redress the violation or to enforce the Act.
 
18    Section 90. The State Finance Act is amended by adding
19Section 5.1015 as follows:
 
20    (30 ILCS 105/5.1015 new)
21    Sec. 5.1015. The Neonatal Intensive Care Leave Fund.