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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Family | |||||||||||||||||||||
5 | and Medical Leave Insurance Act. | |||||||||||||||||||||
6 | Section 5. Declaration of policy and intent. Many workers | |||||||||||||||||||||
7 | do not have access to family and medical leave programs, those | |||||||||||||||||||||
8 | who do may not be in a financial position to take family or | |||||||||||||||||||||
9 | medical leave that is unpaid, and employer-paid benefits meet | |||||||||||||||||||||
10 | only a relatively small part of this need. It is the public | |||||||||||||||||||||
11 | policy of this State to protect working individuals and their | |||||||||||||||||||||
12 | families against the economic hardship caused by the need to | |||||||||||||||||||||
13 | take time off from work to care for themselves or family | |||||||||||||||||||||
14 | members who are suffering from a serious illness, for a | |||||||||||||||||||||
15 | newborn or a newly adopted or foster child, for pregnancy and | |||||||||||||||||||||
16 | related conditions, for the health and caregiving needs of | |||||||||||||||||||||
17 | military families, or to cope with domestic and sexual | |||||||||||||||||||||
18 | violence. | |||||||||||||||||||||
19 | The disparities for access to and the need for leave cut | |||||||||||||||||||||
20 | across income and other demographics. Higher income workers | |||||||||||||||||||||
21 | have greater access to paid leave than lower income workers; | |||||||||||||||||||||
22 | women workers have higher rates of unmet need for leave than | |||||||||||||||||||||
23 | men; Black, Asian American, Pacific Islander, and Native |
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1 | American workers have higher rates of unmet need for leave | ||||||
2 | than white workers; and Hispanic workers are less likely than | ||||||
3 | non-Hispanic workers to have access to paid leave in the first | ||||||
4 | place. | ||||||
5 | Moreover, in 73% of all Illinois households with children, | ||||||
6 | more than 2,000,000 homes, all parents have paying jobs. | ||||||
7 | Illinois mothers are key family breadwinners in 84% of black | ||||||
8 | families, 49% of Latinx families, and 48% of white families. | ||||||
9 | While women make up half of the workforce, they are | ||||||
10 | responsible for the majority of unpaid family household and | ||||||
11 | care work, which has a significant impact on their health and | ||||||
12 | well-being. Maintaining an attachment to the workforce is | ||||||
13 | vital to women's economic stability; an employment gap of just | ||||||
14 | one year leads to a 39% decrease in annual earnings, and that | ||||||
15 | disparity increases over time. With the demographic shift | ||||||
16 | toward an aging population, the need for family caregiving | ||||||
17 | continues to grow. In less than 15 years, the share of the | ||||||
18 | State's population of individuals aged 65 and over will grow | ||||||
19 | by one-third. If any of these women take unpaid leave, her | ||||||
20 | whole family, and Illinois, suffers. | ||||||
21 | The United States is the only industrialized nation in the | ||||||
22 | world that does not have a mandatory workplace-based program | ||||||
23 | for such income support. The negative economic impact on | ||||||
24 | families and our economy is real. A U.S. Department of Labor | ||||||
25 | report indicates if women participated in the labor force at | ||||||
26 | the same rate as women in countries with paid leave, our |
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1 | economy would benefit from more than $500 billion in | ||||||
2 | additional economic activity. | ||||||
3 | Providing parents and caregivers with paid leave from work | ||||||
4 | to care for their infants and young children is critical to the | ||||||
5 | healthy development of children and families. Attentive and | ||||||
6 | consistent relationships between very young children and their | ||||||
7 | families help children develop the ability to learn, to form | ||||||
8 | positive relationships, and to exercise self-control. Without | ||||||
9 | paid family and medical leave, most families are forced to | ||||||
10 | choose between caring for their children and their economic | ||||||
11 | security. | ||||||
12 | The majority of Illinois small business owners and | ||||||
13 | entrepreneurs support a State-administered paid family and | ||||||
14 | medical leave program as it ensures economic security, | ||||||
15 | strengthens business recruitment and retention of employees, | ||||||
16 | and mitigates the loss of income for small business owners, | ||||||
17 | which comprise over 90% of businesses in the United States, | ||||||
18 | including the self-employed and businesses with under 10 | ||||||
19 | employees. | ||||||
20 | It is therefore desirable and necessary to develop systems | ||||||
21 | that help individuals and families adapt to the competing | ||||||
22 | interests of work and home, which not only benefit workers, | ||||||
23 | but also benefit employers by reducing employee turnover and | ||||||
24 | increasing worker productivity. | ||||||
25 | It is the intent of the General Assembly to create a family | ||||||
26 | and medical leave program to relieve the serious menace to |
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1 | health, morals, and welfare of Illinois families, to increase | ||||||
2 | workplace productivity, and to alleviate the enormous and | ||||||
3 | growing stress on working families of balancing the demands of | ||||||
4 | work and family needs. It is the intent of the General Assembly | ||||||
5 | that this Act shall be liberally construed in favor of | ||||||
6 | providing workers with the greatest amount of paid family and | ||||||
7 | medical leave coverage, benefits, and employment security. | ||||||
8 | Section 10. Definitions. In this Act: | ||||||
9 | (1) "Average weekly wage" means the amount derived by | ||||||
10 | dividing by 12 an employee's total earnings, including wages, | ||||||
11 | gratuities, bonuses, commissions, and any other compensation | ||||||
12 | that constitutes remuneration, earned during the quarter with | ||||||
13 | the highest earnings in the applicable benefit year, or the | ||||||
14 | amount derived by dividing by 12 an employee's total earnings, | ||||||
15 | including wages, gratuities, bonuses, commissions, and any | ||||||
16 | other compensation that constitutes remuneration, to fulfill a | ||||||
17 | contract for a covered business entity, earned in the quarter | ||||||
18 | with the highest earnings in the applicable benefit year, or | ||||||
19 | for individuals not currently employed or under contract, the | ||||||
20 | amount derived by dividing by 12 of an individual's total | ||||||
21 | earnings, including wages, gratuities, bonuses, commissions, | ||||||
22 | and any other compensation that constitutes remuneration, | ||||||
23 | earned during the quarter with the highest earnings earned in | ||||||
24 | the 4 quarters prior to the last day of employment or end of | ||||||
25 | contract. |
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1 | (2) "Benefit year" means the period of 52 consecutive | ||||||
2 | weeks beginning on the Sunday immediately preceding the first | ||||||
3 | day that family and medical leave under this Act commences for | ||||||
4 | the covered individual. | ||||||
5 | (3) "Care" includes, but is not limited to, physical or | ||||||
6 | psychological care, emotional support, visitation, arranging | ||||||
7 | for care or a change in care, assistance with essential daily | ||||||
8 | living matters, and personal attendant services. | ||||||
9 | (4) "Child" means a biological, adopted, or foster child, | ||||||
10 | a stepchild, grandchild, or legal ward, or a child for whom an | ||||||
11 | employee stands in loco parentis, a person to whom the | ||||||
12 | employee stood in loco parentis when the person was a minor | ||||||
13 | child, a child of the spouse of an employee, or a child of a | ||||||
14 | party to a civil union or legal guardianship, or any other | ||||||
15 | individual whose close association with the employee is the | ||||||
16 | equivalent of a child as determined by the employee, | ||||||
17 | regardless of age or dependency status. | ||||||
18 | (5) "Civil union" means a civil union as defined in the | ||||||
19 | Illinois Religious Freedom Protection and Civil Union Act. | ||||||
20 | (6) "Consecutive leave" means leave that is taken without | ||||||
21 | interruption based upon an employee's regular work schedule or | ||||||
22 | contract and does not include breaks in employment in which an | ||||||
23 | employee is not regularly scheduled to work. For example, when | ||||||
24 | an employee is normally scheduled to work from September | ||||||
25 | through June and is not scheduled to work during July and | ||||||
26 | August, a leave taken continuously during May, June, and |
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1 | September shall be considered a consecutive leave. | ||||||
2 | (7) "Contributions" or "premiums" means the payments made | ||||||
3 | by an employer, a covered business entity, or a self-employed | ||||||
4 | individual to the Family and Medical Leave Insurance Fund, as | ||||||
5 | required by this Act. | ||||||
6 | (8) "Covered business entity" means a business or trade | ||||||
7 | that contracts with one or more individuals for services and | ||||||
8 | is required to report the payment of services to such | ||||||
9 | individuals on IRS Form 1099-MISC or IRS Form 1099-K for more | ||||||
10 | than 25% of its Illinois workforce. Such individuals are | ||||||
11 | included in the covered business entity's workforce if the | ||||||
12 | contracts for services include, but are not limited to, oral | ||||||
13 | or written contracts, and services arranged through | ||||||
14 | application software designed to run on smartphones and other | ||||||
15 | mobile devices and software designed to run inside a web | ||||||
16 | browser. Covered business entities and individuals who | ||||||
17 | contract for services with covered business entities are | ||||||
18 | considered employers or employees where the context dictates. | ||||||
19 | (9) "Covered individual" means either: | ||||||
20 | (A) an individual who is or has been employed by any | ||||||
21 | combination of employers in the State of Illinois and | ||||||
22 | meets the financial eligibility requirements of subsection | ||||||
23 | (f) of Section 20; | ||||||
24 | (B) a self-employed individual who has: (i) elected | ||||||
25 | coverage under Section 25 and (ii) reported earnings to | ||||||
26 | the Illinois Department of Revenue from self-employment |
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1 | that meet the financial eligibility requirements of | ||||||
2 | subsection (f) of Section 20, as if the individual were an | ||||||
3 | employee; | ||||||
4 | (C) an individual who contracts for services with a | ||||||
5 | covered business entity; | ||||||
6 | (D) a domestic worker; or | ||||||
7 | (E) a former employee, self-employed individual, | ||||||
8 | individual who contracts for services with a covered | ||||||
9 | business entity, or a domestic worker, and has: | ||||||
10 | (i) met the financial eligibility requirements of | ||||||
11 | subsection (f) of Section 20 at the time of separation | ||||||
12 | from employment or the end of a contract; and | ||||||
13 | (ii) been separated from employment or the end of | ||||||
14 | a contract for not more than 52 weeks at the start of | ||||||
15 | the family or medical leave taken by the former | ||||||
16 | employee, self-employed individual, individual who | ||||||
17 | contracts for services with a covered business entity, | ||||||
18 | or is a domestic worker. | ||||||
19 | A covered individual is considered to be employed in the | ||||||
20 | State of Illinois if: (i) the individual works in Illinois; | ||||||
21 | (ii) the individual performs some work in Illinois and the | ||||||
22 | employer's base of operations or the place from which the work | ||||||
23 | is directed and controlled is in Illinois; or (iii) the base of | ||||||
24 | operations or place from which the work is directed or | ||||||
25 | controlled is not in any state in which some part of the work | ||||||
26 | is performed, but the individual's residence is in this State. |
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1 | (10) "Department" means the Department of Employment | ||||||
2 | Security. | ||||||
3 | (11) "Director" means the Director of Employment Security | ||||||
4 | and any transaction or exercise of authority by the Director | ||||||
5 | shall be deemed to be performed by the Department. | ||||||
6 | (12) "Domestic or sexual violence" means domestic | ||||||
7 | violence, sexual assault, or stalking. | ||||||
8 | (13) "Domestic violence" means abuse, as defined in | ||||||
9 | Section 103 of the Illinois Domestic Violence Act of 1986, by a | ||||||
10 | family or household member, as defined in Section 103 of the | ||||||
11 | Illinois Domestic Violence Act of 1986, or as defined in this | ||||||
12 | Act. | ||||||
13 | (14) "Domestic worker" has the meaning set forth in | ||||||
14 | Section 10 of the Domestic Workers' Bill of Rights. "Domestic | ||||||
15 | worker" also includes independent contractors, sole | ||||||
16 | proprietors, and partnerships who engage in "domestic work", | ||||||
17 | as defined in Section 10 of the Domestic Workers' Bill of | ||||||
18 | Rights Act. | ||||||
19 | (14) "Employ" means to suffer or permit to work. | ||||||
20 | (15) "Employee" means any individual or person who works | ||||||
21 | for an employer for wage, remuneration, or other compensation, | ||||||
22 | and works any number of hours, whether full-time or part-time | ||||||
23 | or on a temporary or contingent basis, and any individual who | ||||||
24 | contracts for services with a covered business entity or is a | ||||||
25 | domestic worker. Except for individuals or persons that | ||||||
26 | contract for services with a covered business entity or |
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1 | domestic workers who contract for services, "employee" does | ||||||
2 | not include any individual: | ||||||
3 | (A) who has been and will continue to be free from | ||||||
4 | control and direction over the performance of the | ||||||
5 | individual's work, both under the individual's contract of | ||||||
6 | service with the individual's employer and in fact; and | ||||||
7 | (B) who performs work which is either outside the | ||||||
8 | usual course of business or is performed outside all of | ||||||
9 | the places of business of the employer unless the employer | ||||||
10 | is in the business of contracting with third parties for | ||||||
11 | the placement of employees; and | ||||||
12 | (C) who is in an independently established trade, | ||||||
13 | occupation, profession or business. | ||||||
14 | (16) "Employer" means any individual, person, partnership, | ||||||
15 | association, limited liability company, trust, estate, | ||||||
16 | joint-stock company, insurance company, employment and labor | ||||||
17 | placement agency, or business where wages are made directly or | ||||||
18 | indirectly by the agency or business for work undertaken by | ||||||
19 | the employee under hire to a third party pursuant to a contract | ||||||
20 | between the agency or business with the third party, or | ||||||
21 | corporation, whether domestic or foreign, or the receiver, | ||||||
22 | trustee in bankruptcy, trustee, or person that has in its | ||||||
23 | employ one or more employees performing services for it. | ||||||
24 | "Employer" also includes any employer subject to the | ||||||
25 | Unemployment Insurance Act and any business or trade defined | ||||||
26 | as a covered business entity in this Act. All employees |
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1 | performing services within this State for any employing unit | ||||||
2 | that maintains 2 or more separate establishments within this | ||||||
3 | State shall be deemed to be employed by a single employing unit | ||||||
4 | for all purposes of this Act. | ||||||
5 | (17) "Employment benefits" means all benefits provided or | ||||||
6 | made available to employees by an employer, including, but not | ||||||
7 | limited to, life insurance, health insurance, disability | ||||||
8 | insurance, sick leave, annual or vacation leave, paid time | ||||||
9 | off, educational benefits, and pensions. | ||||||
10 | (18) "Family member" means an employee's child, spouse or | ||||||
11 | party to a civil union or legal guardianship, parent, | ||||||
12 | grandparent, grandchild, sibling, or any other individual | ||||||
13 | related by blood, marriage, or civil union, or whose close | ||||||
14 | relationship with the employee is the equivalent of a family | ||||||
15 | relationship as determined by the employee. | ||||||
16 | (19) "Family and medical leave" means leave taken by a | ||||||
17 | covered individual: | ||||||
18 | (A) to participate in the providing of care for a | ||||||
19 | family member of the covered individual made necessary by | ||||||
20 | a serious health condition of the family member; | ||||||
21 | (B) to be with a child during the first 12 months after | ||||||
22 | the child's birth, the first 12 months after the placement | ||||||
23 | of the child for adoption or foster care, the first 12 | ||||||
24 | months after the child becomes a legal ward, or the first | ||||||
25 | 12 months after in loco parentis status of the child is | ||||||
26 | acquired; |
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1 | (C) for the covered individual's own serious health | ||||||
2 | condition, including, but not limited to, conditions in | ||||||
3 | connection with pregnancy, recovery from childbirth, | ||||||
4 | related conditions even though the covered individual does | ||||||
5 | not receive treatment from a health care provider during | ||||||
6 | the absence, including, but not limited to, absence due to | ||||||
7 | morning sickness, a physical limitation arising from | ||||||
8 | pregnancy, or exposure to chemicals or hazardous material | ||||||
9 | that may be harmful, or any related condition; | ||||||
10 | (D) because of any qualifying exigency arising out of | ||||||
11 | the fact that a family member is on active duty (or has | ||||||
12 | been notified of an impending call or order to active | ||||||
13 | duty) in the Armed Forces of the United States; | ||||||
14 | (E) because the covered individual's or the covered | ||||||
15 | individual's family member is the victim of domestic or | ||||||
16 | sexual violence and the covered individual requests leave | ||||||
17 | because the victim is: (i) experiencing or has experienced | ||||||
18 | an incident of or ongoing domestic or sexual violence; | ||||||
19 | (ii) seeking medical attention for, or recovering from, | ||||||
20 | physical, emotional, or psychological injuries caused by | ||||||
21 | domestic or sexual violence; (iii) obtaining services from | ||||||
22 | a victim services organization; (iv) obtaining | ||||||
23 | psychological or other counseling; (v) participating in | ||||||
24 | safety planning, temporarily or permanently relocating, or | ||||||
25 | taking other actions to increase the safety of the victim | ||||||
26 | or the victim's family members from future domestic or |
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1 | sexual violence to ensure safety or economic security; or | ||||||
2 | (vi) seeking legal assistance or remedies to ensure the | ||||||
3 | health and safety of the victim or the victim's family | ||||||
4 | members, including preparing for or participating in any | ||||||
5 | civil or criminal legal proceeding related to or derived | ||||||
6 | from domestic or sexual violence; | ||||||
7 | (F) when a public health emergency or other disaster, | ||||||
8 | as defined in the Disaster Relief Act or Section 11 of the | ||||||
9 | Illinois Emergency Management Agency Act, has been | ||||||
10 | declared by a municipal, State, or federal official, and | ||||||
11 | until 10 weeks following the official termination or | ||||||
12 | suspension of the public health emergency or other | ||||||
13 | disaster, leave under this Act shall be implemented.
Such | ||||||
14 | leave shall be provided for any reason related to a public | ||||||
15 | health emergency or other disaster, including, but not | ||||||
16 | limited to: | ||||||
17 | (i) the covered individual is subject to an | ||||||
18 | individual or general federal, State, or local | ||||||
19 | quarantine or isolation order related to a public | ||||||
20 | health emergency or other disaster; | ||||||
21 | (ii) the covered individual has been advised by a | ||||||
22 | health care provider to self-quarantine, or is | ||||||
23 | otherwise under quarantine, including self-imposed | ||||||
24 | quarantine, due to concerns related to a public health | ||||||
25 | emergency or other disaster; | ||||||
26 | (iii) the employee is experiencing symptoms |
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1 | related to a public health emergency or other disaster | ||||||
2 | and is seeking a medical diagnosis; | ||||||
3 | (iv) the covered individual is seeking preventive | ||||||
4 | care or other care or treatment related to a public | ||||||
5 | health emergency or other disaster; | ||||||
6 | (v) the covered individual is caring for a family | ||||||
7 | member who is subject to an order described in clause | ||||||
8 | (i), has been advised as described in clause (ii), is | ||||||
9 | experiencing symptoms or seeking preventive care as | ||||||
10 | described in clause (iii) or clause (iv), or whose | ||||||
11 | caregiving facility or caregiver is partially or | ||||||
12 | completely unavailable due to precautions related to a | ||||||
13 | public health emergency or other disaster; | ||||||
14 | (vi) the covered individual is caring for a child | ||||||
15 | of such covered individual if the school or place of | ||||||
16 | the care of the child has been partially or completely | ||||||
17 | closed, or the child care provider of such child is | ||||||
18 | partially or completely unavailable due to precautions | ||||||
19 | related to a public health emergency or other | ||||||
20 | disaster, including when the school or place of care | ||||||
21 | is (I) is physically closed but providing virtual | ||||||
22 | learning instruction; (II) requires or makes optional | ||||||
23 | virtual learning instruction; or (III) requires or | ||||||
24 | makes available a hybrid of in-person and virtual | ||||||
25 | learning instruction models; | ||||||
26 | (vii) the covered individual is experiencing any |
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1 | other substantially similar condition specified by a | ||||||
2 | federal, State, or local government public health or | ||||||
3 | other official; | ||||||
4 | (viii) the covered individual's hours of work have | ||||||
5 | been reduced, the covered individual has been | ||||||
6 | furloughed, the covered individual has been terminated | ||||||
7 | from employment, or the covered individual's contract | ||||||
8 | for services has terminated; or | ||||||
9 | (ix) the employer is not following the recommended | ||||||
10 | health and safety guidance issued by a federal, State, | ||||||
11 | or local public official related to a public health | ||||||
12 | emergency or other disaster; or
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13 | (G) To care for a child if the child's school or place | ||||||
14 | of care has been partially or completely closed or if the | ||||||
15 | childcare provider is partially or completely unavailable | ||||||
16 | to provide for the child's well-being. | ||||||
17 | "Family and medical leave" does not include any period of | ||||||
18 | time during which a covered individual is paid benefits | ||||||
19 | pursuant to the Workers' Compensation Act because the covered | ||||||
20 | individual is unable to perform the duties of the covered | ||||||
21 | individual's employment due to the covered individual's own | ||||||
22 | disability or paid benefits pursuant to the Unemployment | ||||||
23 | Insurance Act. | ||||||
24 | (20) "Family and medical leave benefits" means any | ||||||
25 | payments that are payable to an individual for all or part of a | ||||||
26 | period of family and medical leave. |
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1 | (21) "Health care provider" means any person licensed | ||||||
2 | under federal, State, or local law, or the laws of a foreign | ||||||
3 | nation, to provide health care services, any other person who | ||||||
4 | has been authorized to provide health care by a licensed | ||||||
5 | health care provider, or any other individual determined by | ||||||
6 | the Department to be capable of providing health care | ||||||
7 | services. | ||||||
8 | (22) "Intermittent leave" means a nonconsecutive leave | ||||||
9 | consisting of intervals, each of which is at least one day | ||||||
10 | within a consecutive 12-month period. | ||||||
11 | (23) "Parent" means a biological parent, foster parent, | ||||||
12 | adoptive parent, stepparent, or parent-in-law of the covered | ||||||
13 | individual or a person who is or was a legal guardian of, or | ||||||
14 | who stood in loco parentis to, the covered individual when the | ||||||
15 | covered individual was a child, or any other individual whose | ||||||
16 | close association with the covered individual is the | ||||||
17 | equivalent of a parent as determined by the covered | ||||||
18 | individual. | ||||||
19 | (24) "Placement for adoption" means the time when a | ||||||
20 | covered individual adopts a child or becomes responsible for a | ||||||
21 | child pending adoption by the covered individual or the | ||||||
22 | covered individual's family member. | ||||||
23 | (25) "Qualifying exigency" means a need arising out of a | ||||||
24 | covered individual's family member's active duty service or | ||||||
25 | notice of an impending call or order to active duty in the | ||||||
26 | Armed Forces, including, but not limited to, providing for the |
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1 | care or other needs of the military member's family member, | ||||||
2 | making financial or legal arrangements for the military | ||||||
3 | member, attending counseling, attending military events or | ||||||
4 | ceremonies, spending time with the military member during a | ||||||
5 | rest and recuperation leave or following return from | ||||||
6 | deployment or making arrangements following the death of the | ||||||
7 | military member. "Armed Forces" includes the Army, Navy, Air | ||||||
8 | Force, Marine Corps, Coast Guard, and National Guard or | ||||||
9 | Reserves. | ||||||
10 | (26) "Self-employed individual" means a sole proprietor | ||||||
11 | that meets the specifications under the definition of the term | ||||||
12 | "employee", a member of a limited liability company or limited | ||||||
13 | liability partnership, or an individual who resides in | ||||||
14 | Illinois and whose net profit or loss from a business is | ||||||
15 | required to be reported to the Illinois Department of Revenue. | ||||||
16 | (27) "Serious health condition" means an illness, injury, | ||||||
17 | impairment, or physical or mental condition that requires | ||||||
18 | inpatient care in a hospital, hospice, or residential medical | ||||||
19 | care facility or continuing medical treatment, counseling, or | ||||||
20 | continuing supervision by a health care provider or victim | ||||||
21 | services organization. "Serious health condition" includes, | ||||||
22 | but is not limited to, conditions in connection with | ||||||
23 | pregnancy, recovery from childbirth, or any related condition. | ||||||
24 | (28) "Sexual assault" means any conduct proscribed by: (i) | ||||||
25 | Article 11 of the Criminal Code of 2012 except Sections 11-35 | ||||||
26 | and 11-45; or (ii) Sections 12-13, 12-14, 12-14.1, 12-15, and |
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1 | 12-16 of the Criminal Code of 2012. | ||||||
2 | (29) "Stalking" means any conduct proscribed by the | ||||||
3 | Criminal Code of 2012 in Sections 12-7.3, 12-7.4, and 12-7.5. | ||||||
4 | (30) "Statewide average weekly wage" means the wage | ||||||
5 | determined by the Department of Employment Security pursuant | ||||||
6 | to paragraph 2 of subsection B of Section 401 of the | ||||||
7 | Unemployment Insurance Act. | ||||||
8 | (31) "12-month period" means, with respect to an employee | ||||||
9 | who establishes a valid claim for family and medical leave | ||||||
10 | benefits during a period of family and medical leave, the 365 | ||||||
11 | consecutive days that begin with the first day that the | ||||||
12 | employee first establishes the claim. | ||||||
13 | (32) "Fund" means the Family and Medical Leave Insurance | ||||||
14 | Fund established in Section 35. | ||||||
15 | (33) "Victim" or "survivor" means an individual who has | ||||||
16 | been subjected to domestic or sexual violence. | ||||||
17 | (34) "Victim services organization" means a nonprofit, | ||||||
18 | nongovernmental organization that provides assistance to | ||||||
19 | victims of domestic or sexual violence, including rape crisis | ||||||
20 | centers, organizations carrying out a domestic violence | ||||||
21 | program, organizations operating a shelter or providing | ||||||
22 | counseling services, or a legal services organization or other | ||||||
23 | organization providing assistance through the legal process. | ||||||
24 | (35) "Wages" means any remuneration owed an individual | ||||||
25 | pursuant to employment, an employment contract or agreement | ||||||
26 | between 2 or more parties or a contract for services with a |
| |||||||
| |||||||
1 | covered business entity, whether paid directly or indirectly, | ||||||
2 | including, but not limited to, salaries, commissions, | ||||||
3 | gratuities, and bonuses, and reasonable cash value of board, | ||||||
4 | rent, housing, lodging, payment in kind and all remuneration | ||||||
5 | paid in any medium other than cash, and whether the amount is | ||||||
6 | determined on a time, task, piece, or any other basis of | ||||||
7 | calculation. | ||||||
8 | (36) "Weekly benefit amount" means the amount of wage | ||||||
9 | replacement paid to a covered individual on a weekly basis | ||||||
10 | while the covered individual is on family and medical leave, | ||||||
11 | as provided in Section 40. | ||||||
12 | Section 15. Family and medical leave insurance program. | ||||||
13 | (a) The Department shall establish and administer a family | ||||||
14 | and medical leave insurance program. | ||||||
15 | (b) The Department shall establish procedures and forms | ||||||
16 | for filing claims for benefits under this Act. | ||||||
17 | (c) The Department shall use information sharing and | ||||||
18 | integration technology to facilitate the disclosure of | ||||||
19 | relevant information or records by the Department. | ||||||
20 | (d) Information contained in the files and records | ||||||
21 | pertaining to an employee, an individual who contracts for | ||||||
22 | services with a covered business entity, a self-employed | ||||||
23 | individual, any covered individual under this Act, or a family | ||||||
24 | member of such individual is confidential and not open to | ||||||
25 | inspection other than by public employees in the performance |
| |||||||
| |||||||
1 | of their official duties. However, the employee, an individual | ||||||
2 | who contracts for services with a covered business entity, a | ||||||
3 | self-employed individual, a covered individual, or an | ||||||
4 | authorized representative of an employee, an individual who | ||||||
5 | contracts for services with a covered business entity, | ||||||
6 | self-employed individual, or covered individual may review the | ||||||
7 | records or receive specific information from the records on | ||||||
8 | the presentation of the signed authorization of the employee, | ||||||
9 | individual who contracts for services with a covered business | ||||||
10 | entity, the self-employed individual, or the covered | ||||||
11 | individual. An employer, covered business entity, or the | ||||||
12 | employer's or covered business entity's duly authorized | ||||||
13 | representative may review the records of an employee employed | ||||||
14 | by the employer, individual who contracts for services with a | ||||||
15 | covered business entity, or self-employed individual in | ||||||
16 | connection with a pending claim, with the exception of any | ||||||
17 | protected health information provided to the Department by an | ||||||
18 | entity covered by the Health Insurance Portability and | ||||||
19 | Accountability Act or information related to a use of leave | ||||||
20 | authorized under paragraph (E) of item (19) of Section 10. At | ||||||
21 | the Department's discretion, other persons may review records | ||||||
22 | when such persons are rendering assistance to the Department | ||||||
23 | at any stage of the proceedings on any matter pertaining to the | ||||||
24 | administration of this Act. An employer and a covered business | ||||||
25 | entity must keep at its place of business for not less than 5 | ||||||
26 | years from the date of a request for leave records from which |
| |||||||
| |||||||
1 | the information needed by the Department for purposes of this | ||||||
2 | Act may be obtained. The records shall at all times be open to | ||||||
3 | the inspection of the Department pursuant to rules adopted by | ||||||
4 | the Department. An employer or covered business entity subject | ||||||
5 | to any provision of this Act shall make and preserve records | ||||||
6 | that document the name, address, and occupation of each | ||||||
7 | employee, individual who contracts for services with a covered | ||||||
8 | business entity, or domestic worker, the wages and any other | ||||||
9 | compensation paid, benefits provided, and contract for | ||||||
10 | services for each employee, individual with a contract for | ||||||
11 | services with a covered business entity, or domestic worker, | ||||||
12 | and any other information the Director may by rule deem | ||||||
13 | necessary and appropriate for enforcement of this Act. An | ||||||
14 | employer or covered business entity subject to any provision | ||||||
15 | of this Act shall preserve those records for a period of not | ||||||
16 | less than 5 years and shall make reports from the records as | ||||||
17 | prescribed by rule or order of the Director, unless the | ||||||
18 | records relate to an ongoing investigation or enforcement | ||||||
19 | action under this Act, in which case the records must be | ||||||
20 | maintained until their destruction is authorized by the | ||||||
21 | Department or by court order. | ||||||
22 | (e) The Department shall develop and implement an outreach | ||||||
23 | program to ensure that individuals who may be eligible to | ||||||
24 | receive family and medical leave benefits under this Act are | ||||||
25 | made aware of these benefits. Outreach information shall | ||||||
26 | explain, in an easy-to-understand format, eligibility |
| |||||||
| |||||||
1 | requirements, the claims process, weekly benefit amounts, | ||||||
2 | maximum benefits payable, notice requirements, reinstatement | ||||||
3 | and nondiscrimination rights, confidentiality, and | ||||||
4 | coordination of leave under this Act and other laws, | ||||||
5 | collective bargaining agreements, and employer and covered | ||||||
6 | business entity policies. Outreach information shall be | ||||||
7 | available in English, Spanish, Polish, Russian, Tagalog, | ||||||
8 | Mandarin, and in other languages that are spoken as a primary | ||||||
9 | language by a significant portion of the State's population, | ||||||
10 | as determined by the Department. | ||||||
11 | (f) An employee, individual who contracts for services | ||||||
12 | with a covered business entity, or domestic worker may make a | ||||||
13 | claim for benefits under this Act on and after January 1 of the | ||||||
14 | year one year after the Department begins collecting employer | ||||||
15 | and covered business entity premium contributions under this | ||||||
16 | Act. | ||||||
17 | Section 20. Eligibility for benefits. | ||||||
18 | (a) The Department may require that a claim for family and | ||||||
19 | medical leave benefits under this Act be supported by a | ||||||
20 | certification. For a claim for family and medical leave under | ||||||
21 | paragraph (A), (B), or (C) of item (19) of Section 10, the | ||||||
22 | certification shall be issued by a health care provider of the | ||||||
23 | employee's, the individual who contracts for services for a | ||||||
24 | covered business entity's, or the covered individual's | ||||||
25 | choosing who is providing care to the employee or the |
| |||||||
| |||||||
1 | employee's family member if applicable or the individual who | ||||||
2 | contracts for services with a covered business entity or such | ||||||
3 | individual's family member if applicable, or covered | ||||||
4 | individual or the covered individual's family member, however, | ||||||
5 | for a claim under paragraph (C) for leave for conditions in | ||||||
6 | connection with pregnancy, recovery after childbirth, or any | ||||||
7 | related conditions, leave shall be granted even though the | ||||||
8 | covered individual does not receive treatment from a health | ||||||
9 | care provider during the absence. For a claim for family and | ||||||
10 | medical leave because of a qualifying exigency under paragraph | ||||||
11 | (D), documentation shall be sufficient if it includes: (i) a | ||||||
12 | copy of the family member's active duty orders; (ii) other | ||||||
13 | documentation issued by the Armed Forces; or (iii) other | ||||||
14 | documentation permitted by the Department. For a claim for | ||||||
15 | family and medical leave under paragraph (E) of item (19) of | ||||||
16 | Section 10, any one of the following is acceptable for | ||||||
17 | certification, and only one of the following documents shall | ||||||
18 | be required: a police report, court document, document issued | ||||||
19 | by a healthcare provider, or a signed statement from an | ||||||
20 | attorney, a member of the clergy, or a victim services | ||||||
21 | organization or advocate. It is up to the employee, individual | ||||||
22 | who contracts for services with a covered business entity, or | ||||||
23 | covered individual to determine which documentation to submit. | ||||||
24 | If documentation has been submitted, the Department or the | ||||||
25 | employer or covered business entity shall not request or | ||||||
26 | require any other documentation if the reason for the initial |
| |||||||
| |||||||
1 | or subsequent claims for family and medical leave is related | ||||||
2 | to the same incident of violence or the same perpetrator of the | ||||||
3 | violence. For leave under paragraphs (F) and (G) of item (19) | ||||||
4 | of Section 10, a statement signed by the covered individual is | ||||||
5 | acceptable documentation for certification. | ||||||
6 | (b) The eligibility for benefits of an employee, an | ||||||
7 | individual who contracts with a covered business entity, or a | ||||||
8 | domestic worker is not affected by a strike or lockout at the | ||||||
9 | factory, establishment, or other premises at which the | ||||||
10 | employee is or was last employed. | ||||||
11 | (c) An employee, individual who contracts for services | ||||||
12 | with a covered business entity, or domestic worker who has | ||||||
13 | received benefits under this Act may not lose any other | ||||||
14 | employment benefits, including seniority or pension rights, | ||||||
15 | accrued before the date that family and medical leave | ||||||
16 | commenced. The employer or covered business entity shall | ||||||
17 | maintain during any period of family and medical leave taken | ||||||
18 | the health benefits of the employee and, if applicable, the | ||||||
19 | dependents of the employee, the individual who contracts for | ||||||
20 | services with a covered business entity, or the domestic | ||||||
21 | worker in force at the time a request for family and medical | ||||||
22 | leave was made, for the duration of such leave as if the | ||||||
23 | employee, individual who contracts for services with a covered | ||||||
24 | business entity, or domestic worker had continued to work from | ||||||
25 | the date the employee, individual who contracts for services | ||||||
26 | with a covered business entity, or domestic worker commenced |
| |||||||
| |||||||
1 | the family and medical leave until the date the employee, | ||||||
2 | individual who contracts for services with a covered business | ||||||
3 | entity, or domestic worker returns to work. However, this | ||||||
4 | Section does not entitle an employee, individual who contracts | ||||||
5 | for services with a covered business entity, or domestic | ||||||
6 | worker to accrue employment benefits during a period of family | ||||||
7 | and medical leave or to a right, benefit, or position of | ||||||
8 | employment other than a right, benefit, or position to which | ||||||
9 | the employee, individual who contract for services with a | ||||||
10 | covered business entity, or domestic worker would have been | ||||||
11 | entitled had the employee, individual who contracts for | ||||||
12 | services with a covered business entity, or domestic worker | ||||||
13 | not taken family and medical leave. | ||||||
14 | (d) This Act does not diminish an employer's or covered | ||||||
15 | business entity's obligation to comply with a collective | ||||||
16 | bargaining agreement or an employment benefits program or plan | ||||||
17 | that provides greater benefits to employees, individuals who | ||||||
18 | contract for services with a covered business entity, or | ||||||
19 | domestic workers than the benefits provided under this Act. | ||||||
20 | (e) An agreement by an employee, individual who contracts | ||||||
21 | for services with a covered business entity, or domestic | ||||||
22 | worker to waive the rights of the employee, individual who | ||||||
23 | contracts for services with a covered business entity, or | ||||||
24 | domestic worker under this Section is void as contrary to | ||||||
25 | public policy. The benefits under this Act may not be | ||||||
26 | diminished by a collective bargaining agreement or another |
| |||||||
| |||||||
1 | employment benefits program or plan entered into or renewed | ||||||
2 | after the effective date of this Act. | ||||||
3 | (f) Subject to the requirements of this Act, an individual | ||||||
4 | shall be eligible to receive benefits under this Act if that | ||||||
5 | individual has been paid during the individual's base period | ||||||
6 | wages equal to not less than $1,600, provided that the | ||||||
7 | individual has been paid wages equal to at least $440 during | ||||||
8 | that part of the individual's base period which does not | ||||||
9 | include the calendar quarter in which the wages paid to the | ||||||
10 | individual were highest. "Base period" means the first 4 of | ||||||
11 | the last 5 completed calendar quarters immediately preceding | ||||||
12 | the Sunday immediately preceding the first day that family and | ||||||
13 | medical leave under this Act commences for the covered | ||||||
14 | individual. However, if an individual is not eligible to | ||||||
15 | receive family and medical leave benefits or an individual's | ||||||
16 | weekly benefit amount would be lower using such base period, a | ||||||
17 | base period consisting of the last 4 completed quarters | ||||||
18 | immediately preceding the Sunday immediately preceding the | ||||||
19 | first day that family and medical leave under this Act | ||||||
20 | commences shall be used to establish eligibility or a higher | ||||||
21 | weekly benefit amount for the covered individual. | ||||||
22 | Section 25. Elective coverage; self-employed. | ||||||
23 | (a) For benefits payable beginning January 1, 2025, any | ||||||
24 | self-employed person, including a sole proprietor, independent | ||||||
25 | contractor, partner, or joint venturer, who has |
| |||||||
| |||||||
1 | self-employment income for work performed in Illinois in | ||||||
2 | accordance with the definition of covered individual under | ||||||
3 | item (9) of Section 10 may elect coverage for an initial period | ||||||
4 | of not less than 3 years and subsequent periods of not less | ||||||
5 | than one year immediately following a period of coverage. | ||||||
6 | Those electing coverage under this Act are responsible for | ||||||
7 | payment of 100% of all premiums assessed to any employer under | ||||||
8 | this Act. The self-employed person must file a notice of | ||||||
9 | election in writing with the Department in a manner as | ||||||
10 | required by the Department by rule. | ||||||
11 | (b) A self-employed person who has elected coverage may | ||||||
12 | withdraw from coverage within 30 days after the end of each | ||||||
13 | period of coverage, or at such other times as the Department | ||||||
14 | may adopt by rule, by filing a notice of withdrawal in writing | ||||||
15 | with the Department, such withdrawal to take effect not sooner | ||||||
16 | than 30 days after the filing the notice with the Department. | ||||||
17 | (c) The Department may cancel elective coverage if the | ||||||
18 | self-employed person fails to make required payments or file | ||||||
19 | reports. The Department may collect due and unpaid premiums | ||||||
20 | and may levy additional premiums for the remainder of the | ||||||
21 | period of coverage. The cancellation shall be effective no | ||||||
22 | later than 30 days after the date of the notice in writing | ||||||
23 | advising the self-employed person of the cancellation. | ||||||
24 | (d) Those electing coverage are considered employees or | ||||||
25 | employers where the context dictates. | ||||||
26 | (e) In this Section, "independent contractor" means an |
| |||||||
| |||||||
1 | individual excluded from employment under the definition of | ||||||
2 | "employee" under Section 10. | ||||||
3 | Section 30. Disqualification from benefits. | ||||||
4 | (a) An employee is disqualified from family and medical | ||||||
5 | leave benefits under this Act if the employee: | ||||||
6 | (1) willfully makes a false statement or | ||||||
7 | misrepresentation regarding a material fact or willfully | ||||||
8 | fails to disclose a material fact to obtain benefits; or | ||||||
9 | (2) seeks benefits based on a serious health condition | ||||||
10 | that resulted from the employee's commission of a felony. | ||||||
11 | (b) A disqualification for family and medical leave | ||||||
12 | benefits is for a period of 2 years and commences on the first | ||||||
13 | day of the calendar week in which the employee filed a claim | ||||||
14 | for benefits under this Act. | ||||||
15 | An employee who is disqualified for benefits is liable to | ||||||
16 | the Department for a penalty of 15% of the amount of benefits | ||||||
17 | received by the employee in addition to the total amount of | ||||||
18 | benefits received. | ||||||
19 | Section 35. Family and Medical Leave Insurance Fund. | ||||||
20 | (a) The Family and Medical Leave Insurance Fund is created | ||||||
21 | as a special fund in the State treasury. Money in the Fund may | ||||||
22 | be used for the payment of family and medical leave benefits | ||||||
23 | and for the administration of this Act. All interest and other | ||||||
24 | earnings that accrue from investment of money in the Fund |
| |||||||
| |||||||
1 | shall be credited to the Fund. | ||||||
2 | (b) An employer and a covered business entity shall pay a | ||||||
3 | premium contribution in the amount of 0.73% of wages for all | ||||||
4 | employees and individuals who contract for services with a | ||||||
5 | covered business entity. The Department shall by rule provide | ||||||
6 | for the collection of the employer's premium contribution. The | ||||||
7 | amount of the employer's premium contribution imposed under | ||||||
8 | this Section, less refunds authorized by this Act, and all | ||||||
9 | assessments and penalties collected under this Act shall be | ||||||
10 | deposited into and credited to the Fund. | ||||||
11 | (c) A separate account, to be known as the Family and | ||||||
12 | Medical Leave Insurance Administration Account, shall be | ||||||
13 | maintained in the Fund. An amount determined by the Department | ||||||
14 | sufficient for proper administration, not to exceed 0.05% of | ||||||
15 | additional employer and covered business entity premium | ||||||
16 | contributions as defined in this Section, shall be collected | ||||||
17 | and credited to the Administration Account. The expenses of | ||||||
18 | the Department in administering the Fund and its accounts | ||||||
19 | shall be charged against the Administration Account. The costs | ||||||
20 | of administration of this Act shall be charged to the | ||||||
21 | Administration Account. | ||||||
22 | (d) A separate account, to be known as the Family and | ||||||
23 | Medical Leave Benefits Account, shall be maintained in the | ||||||
24 | Fund. The account shall be charged with all benefit payments. | ||||||
25 | (e) The Department may adjust rates for the collection of | ||||||
26 | premiums pursuant to subsection (b) of this Section. The |
| |||||||
| |||||||
1 | Department shall set rates for premiums in a manner that | ||||||
2 | minimizes the volatility of the rates assessed and so that at | ||||||
3 | the end of the period for which the rates are effective, the | ||||||
4 | cash balance shall be an amount approximating 125% of 12 | ||||||
5 | months of projected expenditures from the Fund, considering | ||||||
6 | the functions and duties of the Department under this Act. | ||||||
7 | (f) An employer or covered business entity required to pay | ||||||
8 | premium contributions under this Section shall make and file a | ||||||
9 | report of amounts due under this Section upon a combined | ||||||
10 | report form prescribed by the Department. The report shall be | ||||||
11 | filed with the Department at the times and in the manner | ||||||
12 | prescribed by the Department. | ||||||
13 | (g) If the employer or covered business entity is a | ||||||
14 | temporary employment agency that provides employees or | ||||||
15 | individuals who contract for services with a covered business | ||||||
16 | entity on a temporary basis to its customers, the temporary | ||||||
17 | employment agency is considered a joint employer with its | ||||||
18 | customers for purposes of this Act. | ||||||
19 | (h) When an employer or covered business entity goes out | ||||||
20 | of business or sells out, exchanges, or otherwise disposes of | ||||||
21 | the business or stock of goods, any premiums payable under | ||||||
22 | this Section are immediately due and payable, and the employer | ||||||
23 | or covered business entity shall, within 10 days thereafter, | ||||||
24 | pay the premiums due. A person who becomes a successor to the | ||||||
25 | business is liable for the full amount of the premiums and | ||||||
26 | shall withhold from the purchase price a sum sufficient to pay |
| |||||||
| |||||||
1 | any premiums due from the employer until the employer produces | ||||||
2 | a receipt from the Department showing payment in full of any | ||||||
3 | premiums due or a certificate that no premium is due. If the | ||||||
4 | premiums are not paid by the employer or covered business | ||||||
5 | entity within 10 days after the date of the sale, exchange, or | ||||||
6 | disposal, the successor is liable for the payment of the full | ||||||
7 | amount of the premiums. The successor's payment of the | ||||||
8 | premiums are, to the extent of the payment, a payment upon the | ||||||
9 | purchase price, and if the payment is greater in amount than | ||||||
10 | the purchase price, the amount of the difference is a debt due | ||||||
11 | the successor from the employer or covered business entity. A | ||||||
12 | successor is not liable for any premiums due from the person | ||||||
13 | from whom the successor has acquired a business or stock of | ||||||
14 | goods if the successor gives written notice to the Department | ||||||
15 | of the acquisition and no assessment is issued by the | ||||||
16 | Department within one year after receipt of the notice against | ||||||
17 | the former operator of the business. | ||||||
18 | (i) This Section is inoperative before January 1, 2025. At | ||||||
19 | that time, the Department shall begin collecting the amounts | ||||||
20 | due under this Section. | ||||||
21 | Section 40. Weekly benefit for family and medical leave. | ||||||
22 | (a) An individual's weekly benefit rate shall be | ||||||
23 | determined as follows: if the average weekly wage to the | ||||||
24 | employee, individual who contracts for services with a covered | ||||||
25 | business entity, or domestic worker is (a) 50% or less of the |
| |||||||
| |||||||
1 | statewide average weekly wage, the weekly benefit for the | ||||||
2 | employee, individual with a contract for services with a | ||||||
3 | covered business entity, or domestic worker is 90% of the | ||||||
4 | average weekly wage of the employee, individual with a | ||||||
5 | contract for services with a covered business entity, or | ||||||
6 | domestic worker or (b) greater than 50% of the statewide | ||||||
7 | average weekly wage, the weekly benefit for the employee, | ||||||
8 | individual with a contract for services with a covered | ||||||
9 | business entity, or domestic worker is the sum of: (i) 90% of | ||||||
10 | the average weekly wage of the employee, individual with a | ||||||
11 | contract for services with a covered business entity, or | ||||||
12 | domestic worker up to 50% of the statewide average weekly | ||||||
13 | wage; and (ii) 50% of the average weekly wage of the employee, | ||||||
14 | individual with a contract for services with a covered | ||||||
15 | business entity, or domestic worker that is greater than 50% | ||||||
16 | of the statewide average weekly wage. The benefit rate shall | ||||||
17 | be computed to the next lower multiple of $1 if not already a | ||||||
18 | multiple thereof. The amount of benefits for each day of | ||||||
19 | family and medical leave for which benefits are payable shall | ||||||
20 | be one-seventh of the corresponding weekly benefit amount; | ||||||
21 | provided that the total benefits for a fractional part of a | ||||||
22 | week shall be computed to the next lower multiple of $1 if not | ||||||
23 | already a multiple thereof. | ||||||
24 | (b) The maximum weekly benefit for family and medical | ||||||
25 | leave that occurs on or after January 1, 2024 shall be $1,200. | ||||||
26 | By September 30, 2026, and by each subsequent September 30th, |
| |||||||
| |||||||
1 | the maximum weekly benefit shall be adjusted to 90% of the | ||||||
2 | State average weekly wage. The adjusted maximum weekly benefit | ||||||
3 | amount takes effect on the following January 1st. | ||||||
4 | (c) With respect to any period of family and medical leave | ||||||
5 | taken by a covered individual, family and medical leave | ||||||
6 | insurance benefits not in excess of the covered individual's | ||||||
7 | maximum benefits shall be payable with respect to the first | ||||||
8 | day of family and medical leave taken and each subsequent day | ||||||
9 | of family and medical leave during that period of family and | ||||||
10 | medical leave. The maximum total benefits payable to any | ||||||
11 | covered individual commencing on or after the effective date | ||||||
12 | of this Act shall be 26 times the weekly benefit amount for an | ||||||
13 | employee, individual with a contract for services with a | ||||||
14 | covered business entity, or domestic worker in the applicable | ||||||
15 | benefit year, except for individuals taking leave pursuant to | ||||||
16 | paragraph (C) of item (19) of Section 10 for conditions in | ||||||
17 | connection with pregnancy, recovery from childbirth, or any | ||||||
18 | related condition where the maximum total benefits payable to | ||||||
19 | any covered individual shall be 52 times the employee's weekly | ||||||
20 | benefit amount in the applicable benefit year, provided that | ||||||
21 | the maximum amount shall be computed in the next lower | ||||||
22 | multiple of $1 if not already a multiple thereof. | ||||||
23 | (d) The first payment of benefits must be made to a covered | ||||||
24 | individual within 14 calendar days after the claim is filed | ||||||
25 | and there is sufficient information to approve at least one | ||||||
26 | week of benefits; subsequent payments must be made no later |
| |||||||
| |||||||
1 | than semi-monthly thereafter. | ||||||
2 | Nothing in this Act shall be construed to prohibit the | ||||||
3 | establishment by an employer or a covered business entity, | ||||||
4 | without approval by the Department, of a supplementary plan or | ||||||
5 | plans providing for the payment to employees, individuals with | ||||||
6 | a contract for services with a covered business entity, or | ||||||
7 | domestic workers or to any class or classes of employees, | ||||||
8 | individuals with a contract for services with a covered | ||||||
9 | business entity, or domestic workers, of benefits in addition | ||||||
10 | to the benefits provided by this Act. The rights, duties, and | ||||||
11 | responsibilities of all interested parties under the | ||||||
12 | supplementary plans shall be unaffected by any provision of | ||||||
13 | this Act. | ||||||
14 | Section 45. Family and medical leave; duration. A covered | ||||||
15 | individual may take up to 26 weeks of family and medical leave | ||||||
16 | within any 12-month period for reasons identified in | ||||||
17 | paragraphs (A), (B), (C), (D), and (E) of item (19) of Section | ||||||
18 | 10. However, a covered individual may take up to an additional | ||||||
19 | 26 weeks of family and medical leave within any 12-month | ||||||
20 | period for which the covered individual is eligible for leave | ||||||
21 | under paragraph (C) of item (19) of Section 10 taken in | ||||||
22 | connection with pregnancy, recovery from childbirth, or | ||||||
23 | related conditions. A covered individual may take family and | ||||||
24 | medical leave consecutively or on an intermittent schedule in | ||||||
25 | which all of the leave authorized under this Act is not taken |
| |||||||
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1 | sequentially. | ||||||
2 | Section 50. Annual reports; contents. | ||||||
3 | (a) The Department shall issue and make available to the | ||||||
4 | public, not later than July 1, 2026 and July 1 of each | ||||||
5 | subsequent year, annual reports providing data on family and | ||||||
6 | medical leave benefits claims including separate data for each | ||||||
7 | of the following categories of claims: the employee's, | ||||||
8 | individual with a contract for services with a covered | ||||||
9 | business entity's, or domestic worker's own serious illness; | ||||||
10 | care of newborn children; care of newly adopted and fostered | ||||||
11 | children; care of seriously ill family members; because of | ||||||
12 | family members on active duty in the Armed Forces; for | ||||||
13 | domestic or sexual violence, and for conditions in connection | ||||||
14 | with pregnancy, recovering from childbirth, or related | ||||||
15 | conditions. The reports shall include, for each category of | ||||||
16 | claims, the number of individuals receiving the benefits, the | ||||||
17 | amount of benefits paid, the average duration of benefits, and | ||||||
18 | the average weekly benefit. The report shall provide data by | ||||||
19 | gender, race, ethnicity, income, and any other demographic | ||||||
20 | factors determined to be relevant by the Department. The | ||||||
21 | reports shall also provide, for all family and medical leave | ||||||
22 | benefits, the total costs of benefits and the total cost of | ||||||
23 | administration, the portion of benefits for claims during | ||||||
24 | family and medical leave, and the total revenues from employer | ||||||
25 | or covered business entity premium contributions and |
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1 | assessments, where applicable; and other sources. | ||||||
2 | (b) The Department may, in its discretion, conduct surveys | ||||||
3 | and other research regarding, and include in the annual | ||||||
4 | reports descriptions and evaluations of the impact and | ||||||
5 | potential future impact of the costs and benefits resulting | ||||||
6 | from this Act for: | ||||||
7 | (1) employees and their families, including surveys | ||||||
8 | and evaluations of what portion of the total number of | ||||||
9 | employees taking family and medical leave would not have | ||||||
10 | taken leave, or would have taken less leave, without the | ||||||
11 | availability of benefits; what portion of employees return | ||||||
12 | to work after receiving benefits and what portion are not | ||||||
13 | permitted to return to work; and what portion of employees | ||||||
14 | who are eligible for benefits do not claim or receive them | ||||||
15 | and why they do not; | ||||||
16 | (2) employers, including benefits such as reduced | ||||||
17 | training and other costs related to reduced turnover of | ||||||
18 | personnel, and increased affordability of family and | ||||||
19 | medical leave through the State, with special attention | ||||||
20 | given to small businesses; and | ||||||
21 | (3) the public, including savings caused by any | ||||||
22 | reduction in the number of people receiving public | ||||||
23 | assistance. | ||||||
24 | (c) The total amount of any expenses that the Department | ||||||
25 | determines are necessary to carry out its duties pursuant to | ||||||
26 | this Section shall be charged to the Administration Account of |
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1 | the Fund. | ||||||
2 | Section 55. Prohibited acts; enforcement. | ||||||
3 | (a) No employer, employment and labor placement agency, | ||||||
4 | employment agency, employee organization, covered business | ||||||
5 | entity, or other person shall discharge, expel, or otherwise | ||||||
6 | retaliate or discriminate against a person because the person | ||||||
7 | has requested family and medical leave, attempted to claim | ||||||
8 | family and medical leave benefits, taken family and medical | ||||||
9 | leave, filed or communicated to the employer or covered | ||||||
10 | business entity an intent to file a claim, a complaint, or an | ||||||
11 | appeal, or has testified or is about to testify or has assisted | ||||||
12 | in any proceeding, under this Act, at any time. | ||||||
13 | (b) Any employer or covered business entity who violates | ||||||
14 | subsection (a) shall be liable to the individual employed by | ||||||
15 | or contracted for services with such a person who is affected | ||||||
16 | by the violation for damages equal to the sum of: | ||||||
17 | (1) the amount of: | ||||||
18 | (A) any wages, salary, employment benefits, or | ||||||
19 | other compensation denied or lost to such individual | ||||||
20 | by reason of the violation; or | ||||||
21 | (B) in a case in which wages, salary, employment | ||||||
22 | benefits, or other compensation have not been denied | ||||||
23 | or lost to the individual, any actual monetary losses | ||||||
24 | sustained by the individual as a direct violation, | ||||||
25 | such as the cost of providing care, up to a sum equal |
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1 | to 60 calendar days of wages or salary for the | ||||||
2 | individual; and | ||||||
3 | (2) the interest on the amount described under | ||||||
4 | paragraph (A) of item (1) calculated at the prevailing | ||||||
5 | rate; and | ||||||
6 | (3) an additional amount as liquidated damages equal | ||||||
7 | to the sum of the amount described in item (1) and the | ||||||
8 | interest described in item (2), except if a person who has | ||||||
9 | violated subsection (a) proves to the satisfaction of the | ||||||
10 | court that the act or omission was in good faith and that | ||||||
11 | the person had reasonable grounds for believing that the | ||||||
12 | act or omission was not a violation of subsection (a), the | ||||||
13 | court may, in the discretion of the court, reduce the | ||||||
14 | amount of the liability to the amount and interest | ||||||
15 | determined under paragraph (A) or (B) of item (1), | ||||||
16 | respectively. | ||||||
17 | In addition, a court may order such equitable relief as | ||||||
18 | may be appropriate, including employment, reinstatement, | ||||||
19 | promotion, and reinstatement of a contract for services. | ||||||
20 | (c) An action to recover the damages or obtain equitable | ||||||
21 | relief subsection (a) may be maintained against any person in | ||||||
22 | any court on behalf of: | ||||||
23 | (1) the individual; or | ||||||
24 | (2) the individual or other individuals similarly | ||||||
25 | situated. | ||||||
26 | (d) The court in such an action shall, in addition to any |
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1 | judgment awarded to the covered individual, allow reasonable | ||||||
2 | attorney's fees, reasonable expert witness fees, and other | ||||||
3 | costs of the action to be paid by the defendant. | ||||||
4 | (e) The right under subsection (c) to bring an action by or | ||||||
5 | on behalf of any individual shall terminate: | ||||||
6 | (1) on the filing of a complaint by the Department in | ||||||
7 | an action in which restraint is sought of any further | ||||||
8 | delay in the payment of the amount described in item (1) of | ||||||
9 | subsection (b) to such individual by the person | ||||||
10 | responsible under subsection (a) for the payment; or | ||||||
11 | (2) on the filing of a complaint by the Department in | ||||||
12 | an action under subsection (f) in which a recovery is | ||||||
13 | sought of the damages described in item (1) of subsection | ||||||
14 | (b) owing to an individual by a person liable under | ||||||
15 | subsection (a). | ||||||
16 | (f) Action by the Department. | ||||||
17 | (1) The Department may bring an action in any court to | ||||||
18 | recover the damages described in item (1) of subsection | ||||||
19 | (b). | ||||||
20 | (2) Any sums recovered under item (1) of this | ||||||
21 | subsection shall be held in a special deposit account and | ||||||
22 | shall be paid, on order of the Department, directly to | ||||||
23 | each individual affected. Any such sums not paid to an | ||||||
24 | individual because of inability to do so within a period | ||||||
25 | of 3 years shall be deposited into the Fund. | ||||||
26 | (3) An action may be brought under this subsection not |
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1 | later than 3 years after the date of the last event | ||||||
2 | constituting the alleged violation for which the action is | ||||||
3 | brought. | ||||||
4 | (4) An action brought by the Department under this | ||||||
5 | subsection shall be considered to be commenced on the date | ||||||
6 | when the complaint is filed. | ||||||
7 | (5) The Department may bring an action to restrain | ||||||
8 | violations of subsection (a), including the restraint of | ||||||
9 | any withholding of payment of wages, salary, employment | ||||||
10 | benefits, or other compensation, plus interest, found by | ||||||
11 | the court to be due to the individual, or to award such | ||||||
12 | other equitable relief as may be appropriate, including | ||||||
13 | employment, reinstatement, and promotion. | ||||||
14 | (g) A person aggrieved by a decision of the Department | ||||||
15 | under this Act may request a hearing. The Department shall | ||||||
16 | adopt rules governing hearings and the issuance of final | ||||||
17 | orders under this Act in accordance with the Illinois | ||||||
18 | Administrative Procedure Act. All final administrative | ||||||
19 | decisions of the Department under this Act are subject to | ||||||
20 | judicial review under the Administrative Review Law. | ||||||
21 | Section 60. Penalties. | ||||||
22 | (a) A person who makes a false statement or | ||||||
23 | representation, knowing it to be false, or knowingly fails to | ||||||
24 | disclose a material fact to obtain or increase any family and | ||||||
25 | medical leave benefit during a period of family and medical |
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| |||||||
1 | leave, either for themselves or for any other person, shall be | ||||||
2 | liable for a civil penalty of $250 to be paid to the Fund. Each | ||||||
3 | such false statement or representation or failure to disclose | ||||||
4 | a material fact shall constitute a separate offense. Upon | ||||||
5 | refusal to pay such a civil penalty, the civil penalty shall be | ||||||
6 | recovered in a civil action by the Attorney General on behalf | ||||||
7 | of the Department in the name of the State of Illinois. If, in | ||||||
8 | any case in which liability for the payment of a civil penalty | ||||||
9 | has been determined, any person who has received any benefits | ||||||
10 | under this Act by reason of the making of such false statements | ||||||
11 | or representations or failure to disclose a material fact | ||||||
12 | shall not be entitled to any benefits under this Act for any | ||||||
13 | leave occurring prior to the time he or she has discharged his | ||||||
14 | or her liability to pay the civil penalty. | ||||||
15 | (b) A person who willfully violates any provision of this | ||||||
16 | Act or any rule adopted under this Act for which a civil | ||||||
17 | penalty is neither prescribed by this Act nor provided by any | ||||||
18 | other applicable law shall be subject to a civil penalty of | ||||||
19 | $500 to be paid to the Fund. Upon the refusal to pay such a | ||||||
20 | civil penalty, the civil penalty shall be recovered in a civil | ||||||
21 | action by the Attorney General on behalf of the Department in | ||||||
22 | the name of the State of Illinois. | ||||||
23 | Section 65. Leave and employment protection. | ||||||
24 | (a) During a period in which an employee, individual who | ||||||
25 | contracts for services with a covered business entity, or |
| |||||||
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1 | domestic worker receives family and medical leave benefits | ||||||
2 | under this Act, the employee, individual who contracts for | ||||||
3 | services with a covered business entity, or domestic worker is | ||||||
4 | entitled to family and medical leave and, at the established | ||||||
5 | ending date of leave, to be restored to a position of | ||||||
6 | employment or restoration of the contract for services with | ||||||
7 | the employer or covered business entity from whom leave was | ||||||
8 | taken as provided under subsection (b). | ||||||
9 | (b) Except as provided in subsection (d), an employee, | ||||||
10 | individual with a contract for services with a covered | ||||||
11 | business entity, or domestic worker who receives family and | ||||||
12 | medical leave benefits under this Act for the intended purpose | ||||||
13 | of the family and medical leave is entitled, on return from the | ||||||
14 | leave: | ||||||
15 | (1) to be restored by the employer to the position of | ||||||
16 | employment held by the employee, restored by the covered | ||||||
17 | business entity to the contract for services, or restored | ||||||
18 | to the position of employment or the contract for services | ||||||
19 | for domestic workers when the family and medical leave | ||||||
20 | commenced; or | ||||||
21 | (2) to be restored to an equivalent position or | ||||||
22 | contract with equivalent employment benefits, pay, and | ||||||
23 | other terms and conditions of employment or contract at a | ||||||
24 | workplace within the same or a geographically proximate | ||||||
25 | work site (such as one that does not involve a significant | ||||||
26 | increase in commuting time or distance) when the family |
| |||||||
| |||||||
1 | and medical leave commenced. | ||||||
2 | (c) The taking of family and medical leave under this Act | ||||||
3 | may not result in the loss of any employment or contract | ||||||
4 | benefits accrued before the date on which the family and | ||||||
5 | medical leave commenced. | ||||||
6 | (d) Nothing in this Section entitles a restored employee, | ||||||
7 | individual who contracts for services with a covered business | ||||||
8 | entity, or domestic worker to: | ||||||
9 | (1) the accrual of any seniority or employment | ||||||
10 | benefits during any period of family and medical leave; or | ||||||
11 | (2) any right, benefit, or position of employment | ||||||
12 | other than any right, benefit, or position to which the | ||||||
13 | employee would have been entitled had the employee not | ||||||
14 | taken the family and medical leave. | ||||||
15 | (e) Nothing in this Section prohibits an employer from | ||||||
16 | requiring an employee, individual who contracts for services | ||||||
17 | with a covered business entity, or domestic worker on family | ||||||
18 | and medical leave to report periodically, but no more than | ||||||
19 | twice every 4 weeks of leave, to the employer, covered | ||||||
20 | business entity on the status and intention of the employee, | ||||||
21 | individual with a contract for services, or domestic worker to | ||||||
22 | return to work. | ||||||
23 | Section 70. Pregnancy; effect of other State law. No | ||||||
24 | individual shall suffer any repercussion under any Illinois | ||||||
25 | law, rule, or policy for any decisions the covered individual |
| |||||||
| |||||||
1 | is authorized to make under this Act regarding leave related | ||||||
2 | to pregnancy, recovery from childbirth, or related conditions. | ||||||
3 | Section 75. Notice to employer or covered business entity. | ||||||
4 | If the necessity for family and medical leave for any reason | ||||||
5 | under item (19) of Section 10 is foreseeable, the employee, | ||||||
6 | individual with a contract for services with a covered | ||||||
7 | business entity, or domestic worker shall provide the employer | ||||||
8 | or covered business entity with not less than 30 days' notice, | ||||||
9 | before the date the leave is to begin, of the intention of the | ||||||
10 | employee, individual with a contract for services with a | ||||||
11 | covered business entity to take leave, except that if the | ||||||
12 | expected date requires leave to begin in less than 30 days, the | ||||||
13 | employee, individual with a contract for services with a | ||||||
14 | covered business entity, or domestic worker shall provide such | ||||||
15 | notice as is practical. | ||||||
16 | Section 80. Employment by same employer or covered | ||||||
17 | business entity. The right of an employee, individual who | ||||||
18 | contracts for services with a covered business entity, or | ||||||
19 | domestic worker to leave under this Act shall not be altered or | ||||||
20 | abridged by access to leave of any other employee, individual | ||||||
21 | who contracts for services with a covered business entity, or | ||||||
22 | domestic worker. | ||||||
23 | Section 85. Coordination of leave. Family and medical |
| |||||||
| |||||||
1 | leave taken under this Act must be taken concurrently with any | ||||||
2 | leave taken under the federal Family and Medical Leave Act of | ||||||
3 | 1993, if applicable. | ||||||
4 | Section 90. Notice. Every employer and covered business | ||||||
5 | entity covered by this Act shall post and keep posted, in a | ||||||
6 | conspicuous place on the premises of the employer or covered | ||||||
7 | business entity where notices to employees are customarily | ||||||
8 | posted, a notice, to be prepared or approved by the Director of | ||||||
9 | Employment Security, summarizing the requirements of this Act | ||||||
10 | and information pertaining to the filing of a charge. Every | ||||||
11 | employer and covered business entity shall also provide such | ||||||
12 | notice to employees, individuals with contracts for services | ||||||
13 | with a covered business entity, and domestic workers through | ||||||
14 | electronic transmission to the employee, individual with a | ||||||
15 | contract for services with the covered business entity, or | ||||||
16 | domestic worker. The Director shall furnish copies of | ||||||
17 | summaries and rules to the employers and covered business | ||||||
18 | entities upon request without charge. Any employer or covered | ||||||
19 | business entity that fails to post the required notice or | ||||||
20 | transmit such notice may not rely on this Act to claim that the | ||||||
21 | employee, individual with a contract for services with a | ||||||
22 | covered business entity, or domestic worker failed to inform | ||||||
23 | the employer or covered business entity that the employee, | ||||||
24 | individual with a contract for services with a covered | ||||||
25 | business entity, or domestic worker wanted or was eligible for |
| |||||||
| |||||||
1 | leave under this Act. | ||||||
2 | Section 95. Rules. The Department may adopt any rules | ||||||
3 | necessary to implement this Act. | ||||||
4 | Section 105. Severability. The provisions of this Act are | ||||||
5 | severable under Section 1.31 of the Statute on Statutes. | ||||||
6 | Section 900. The State Finance Act is amended by adding | ||||||
7 | Section 5.990 as follows: | ||||||
8 | (30 ILCS 105/5.990 new) | ||||||
9 | Sec. 5.990. The Family and Medical Leave Insurance Fund.
| ||||||
10 | Section 999. Effective date. This Act takes effect January | ||||||
11 | 1, 2024.
|