093_HB0247 LRB093 06289 WGH 06405 b 1 AN ACT concerning employment. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 ARTICLE I. SHORT TITLE, FINDINGS AND PURPOSES, GENERAL 5 REQUIREMENTS FOR LEAVE 6 Section 100. Short title. This Act may be cited as the 7 Illinois Family and Medical Leave Act. 8 Section 100.1. Findings and purposes. 9 (a) Findings. The General Assembly finds that: 10 (1) the number of single-parent households and 11 two-parent households in which the single parent or both 12 parents work is increasing significantly; 13 (2) it is important for the development of children 14 and the family unit that fathers and mothers be able to 15 participate in early child rearing and the care of family 16 members who have serious health conditions; 17 (3) the lack of employment policies to accommodate 18 working parents can force individuals to choose between 19 job security and parenting; 20 (4) there is inadequate job security for employees 21 who have serious health conditions that prevent them from 22 working for temporary periods; 23 (5) due to the nature of the roles of men and women 24 in our society, the primary responsibility for family 25 caretaking often falls on women, and such responsibility 26 affects the working lives of women more than it affects 27 the working lives of men; and 28 (6) employment standards that apply to one gender 29 only have serious potential for encouraging employers to 30 discriminate against employees and applicants for -2- LRB093 06289 WGH 06405 b 1 employment who are of that gender. 2 (b) Purposes. It is the purpose of this Act: 3 (1) to balance the demands of the workplace with the 4 needs of families, to promote the stability and economic 5 security of families, and to promote national interests 6 in preserving family integrity; 7 (2) to entitle employees to take reasonable leave 8 for medical reasons, for the birth or adoption of a 9 child, and for the care of a child, spouse, parent, 10 son-in-law, daughter-in-law, father-in-law, or 11 mother-in-law who has a serious health condition; 12 (3) to accomplish the purposes described in 13 paragraphs (1) and (2) in a manner that accommodates the 14 legitimate interests of employers; 15 (4) to accomplish the purposes described in 16 paragraphs (1) and (2) in a manner that, consistent with 17 the Equal Protection Clause of the Fourteenth Amendment, 18 minimizes the potential for employment discrimination on 19 the basis of sex by ensuring generally that leave is 20 available for eligible medical reasons (including 21 maternity-related disability) and for compelling family 22 reasons, on a gender-neutral basis; and 23 (5) to promote the goal of equal employment 24 opportunity for women and men, pursuant to such clause. 25 Section 101. Definitions. As used in this Article: 26 (1) (Blank). 27 (2) Eligible Employee. 28 (A) In General. The term "eligible employee" means 29 an employee who has been employed: 30 (i) for at least 12 months by the employer with 31 respect to whom leave is requested under Section 32 102; and 33 (ii) for at least 1,250 hours of service with -3- LRB093 06289 WGH 06405 b 1 such employer during the previous 12-month period. 2 (B) Exclusions. The term "eligible employee" does 3 not include: 4 (i) any Federal officer or employee covered 5 under Subchapter V of Chapter 63 of Title 5, United 6 States Code; or 7 (ii) any employee of an employer who is 8 employed at a work site at which such employer 9 employs less than 50 employees if the total number 10 of employees employed by that employer within 75 11 miles of that work site is less than 50. 12 (C) Determination. For purposes of determining 13 whether an employee meets the hours of service 14 requirement specified in subparagraph (A)(ii), the legal 15 standards established under Section 7 of the Fair Labor 16 Standards Act of 1938 (29 U.S.C. 207) shall apply. 17 (3) Employ; Employee; State. The terms "employ", 18 "employee", and "State" have the same meanings given such 19 terms in subsections (c), (e), and (g) of Section 3 of the 20 Fair Labor Standards Act of 1938 (29 U.S.C. 203 (c), (e), and 21 (g)). 22 (4) Employer. 23 (A) In general. The term "employer": 24 (i) means any person who employs 50 or more 25 employees for each working day during each of 20 or 26 more calendar workweeks in the current or preceding 27 calendar year; 28 (ii) includes: 29 (I) any person who acts, directly or 30 indirectly, in the interest of an employer to 31 any of the employees of such employer; and 32 (II) any successor in interest of an 33 employer; and 34 (iii) includes any State officer, department, -4- LRB093 06289 WGH 06405 b 1 or agency, any unit of local government, and any 2 school district. 3 (B) (Blank). 4 (5) Employment benefits. The term "employment benefits" 5 means all benefits provided or made available to employees by 6 an employer, including group life insurance, health 7 insurance, disability insurance, sick leave, annual leave, 8 educational benefits, and pensions, regardless of whether 9 such benefits are provided by a practice or written policy of 10 an employer or through an "employee benefit plan", as defined 11 in Section 3(3) of the Employee Retirement Income Security 12 Act of 1974 (29 U.S.C. 1002(3)). 13 (6) Health care provider. The term "health care provider" 14 means: 15 (A) a doctor of medicine or osteopathy who is 16 authorized to practice medicine or surgery (as 17 appropriate) by the State in which the doctor practices; 18 or 19 (B) any other person determined by the Director to 20 be capable of providing health care services. 21 (7) Parent. The term "parent" means the biological parent 22 of an employee or an individual who stood in loco parentis to 23 an employee when the employee was a son or daughter. 24 (8) Person. The term "person" has the same meaning given 25 such term in Section 3(a) of the Fair Labor Standards Act of 26 1938 (29 U.S.C. 203(a)). 27 (9) Reduced leave schedule. The term "reduced leave 28 schedule" means a leave schedule that reduces the usual 29 number of hours per workweek, or hours per workday, of an 30 employee. 31 (10) Director. The term "Director" means the Director of 32 Labor. 33 (11) Serious health condition. The term "serious health 34 condition" means an illness, injury, impairment, or physical -5- LRB093 06289 WGH 06405 b 1 or mental condition that involves: 2 (A) inpatient care in a hospital, hospice, or 3 residential medical care facility; or 4 (B) continuing treatment by a health care provider. 5 (12) Son or daughter. The term "son or daughter" means a 6 biological, adopted, or foster child, a stepchild, a legal 7 ward, or a child of a person standing in loco parentis, who 8 is: 9 (A) under 18 years of age; or 10 (B) 18 years of age or older and incapable of 11 self-care because of a mental or physical disability. 12 (13) Spouse. The term "spouse" means a husband or wife, 13 as the case may be. 14 Section 102. Leave requirement. 15 (a) In general. 16 (1) Entitlement to leave. Subject to Section 103, an 17 eligible employee shall be entitled to a total of 12 18 workweeks of leave during any 12-month period for one or 19 more of the following: 20 (A) Because of the birth of a son or daughter 21 of the employee and in order to care for such son or 22 daughter. 23 (B) Because of the placement of a son or 24 daughter with the employee for adoption or foster 25 care. 26 (C) In order to care for the spouse, or a son, 27 daughter, parent, son-in-law, daughter-in-law, 28 father-in-law, or mother-in-law of the employee, if 29 such spouse, son, daughter, parent, son-in-law, 30 daughter-in-law, father-in-law, or mother-in-law has 31 a serious health condition. 32 (D) Because of a serious health condition that 33 makes the employee unable to perform the functions -6- LRB093 06289 WGH 06405 b 1 of the position of such employee. 2 (2) Expiration of entitlement. The entitlement to 3 leave under subparagraphs (A) and (B) of paragraph (1) 4 for a birth or placement of a son or daughter shall 5 expire at the end of the 12-month period beginning on the 6 date of such birth or placement. 7 (b) Leave taken intermittently or on a reduced leave 8 schedule. 9 (1) In general. Leave under subparagraph (A) or (B) 10 of subsection (a)(1) shall not be taken by an employee 11 intermittently or on a reduced leave schedule unless the 12 employee and the employer of the employee agree 13 otherwise. Subject to paragraph (2), subsection (e)(2), 14 and Section 103(b)(5), leave under subparagraph (C) or 15 (D) of subsection (a)(1) may be taken intermittently or 16 on a reduced leave schedule when medically necessary. The 17 taking of leave intermittently or on a reduced leave 18 schedule pursuant to this paragraph shall not result in a 19 reduction in the total amount of leave to which the 20 employee is entitled under subsection (a) beyond the 21 amount of leave actually taken. 22 (2) Alternative position. If an employee requests 23 intermittent leave, or leave on a reduced leave schedule, 24 under subparagraph (C) or (D) of subsection (a)(1), that 25 is foreseeable based on planned medical treatment, the 26 employer may require such employee to transfer 27 temporarily to an available alternative position offered 28 by the employer for which the employee is qualified and 29 that: 30 (A) has equivalent pay and benefits; and 31 (B) better accommodates recurring periods of 32 leave than the regular employment position of the 33 employee. 34 (c) Unpaid leave permitted. Except as provided in -7- LRB093 06289 WGH 06405 b 1 subsection (d), leave granted under subsection (a) may 2 consist of unpaid leave. Where an employee is otherwise 3 exempt under regulations issued by the Secretary of the U.S. 4 Department of Labor pursuant to Section 13(a)(1) of the Fair 5 Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)), the 6 compliance of an employer with this Article by providing 7 unpaid leave shall not affect the exempt status of the 8 employee under such Section. 9 (d) Relationship to paid leave. 10 (1) Unpaid leave. If an employer provides paid leave 11 for fewer than 12 workweeks, the additional weeks of 12 leave necessary to attain the 12 workweeks of leave 13 required under this Article may be provided without 14 compensation. 15 (2) Substitution of paid leave. 16 (A) In general. An eligible employee may elect, 17 or an employer may require the employee, to 18 substitute any of the accrued paid vacation leave, 19 personal leave, or family leave of the employee for 20 leave provided under subparagraph (A), (B), or (C) 21 of subsection (a)(1) for any part of the 12-week 22 period of such leave under such subsection. 23 (B) Serious health condition. An eligible 24 employee may elect, or an employer may require the 25 employee, to substitute any of the accrued paid 26 vacation leave, personal leave, or medical or sick 27 leave of the employee for leave provided under 28 subparagraph (C) or (D) of subsection (a)(1) for any 29 part of the 12-week period of such leave under such 30 subsection, except that nothing in this Article 31 shall require an employer to provide paid sick leave 32 or paid medical leave in any situation in which 33 such employer would not normally provide any such 34 paid leave. -8- LRB093 06289 WGH 06405 b 1 (e) Foreseeable leave. 2 (1) Requirement of notice. In any case in which the 3 necessity for leave under subparagraph (A) or (B) of 4 subsection (a)(1) is foreseeable based on an expected 5 birth or placement, the employee shall provide the 6 employer with not less than 30 days' notice, before the 7 date the leave is to begin, of the employee's intention 8 to take leave under such subparagraph, except that if the 9 date of the birth or placement requires leave to begin 10 in less than 30 days, the employee shall provide such 11 notice as is practicable. 12 (2) Duties of employee. In any case in which the 13 necessity for leave under subparagraph (C) or (D) of 14 subsection (a)(1) is foreseeable based on planned medical 15 treatment, the employee: 16 (A) shall make a reasonable effort to schedule 17 the treatment so as not to disrupt unduly the 18 operations of the employer, subject to the approval 19 of the health care provider of the employee or the 20 health care provider of the son, daughter, spouse, 21 parent, son-in-law, daughter-in-law, father-in-law, 22 or mother-in-law of the employee, as appropriate; 23 and 24 (B) shall provide the employer with not less 25 than 30 days' notice, before the date the leave is 26 to begin, of the employee's intention to take leave 27 under such subparagraph, except that if the date of 28 the treatment requires leave to begin in less than 29 30 days, the employee shall provide such notice as 30 is practicable. 31 (f) Spouses employed by the same employer. In any case in 32 which a husband and wife entitled to leave under subsection 33 (a) are employed by the same employer, the aggregate number 34 of workweeks of leave to which both may be entitled may be -9- LRB093 06289 WGH 06405 b 1 limited to 12 workweeks during any 12-month period, if such 2 leave is taken: 3 (1) under subparagraph (A) or (B) of subsection 4 (a)(1); or 5 (2) to care for a sick parent under subparagraph (C) 6 of such subsection. 7 Section 103. Certification. 8 (a) In general. An employer may require that a request 9 for leave under subparagraph (C) or (D) of Section 102(a)(1) 10 be supported by a certification issued by the health care 11 provider of the eligible employee or of the son, daughter, 12 spouse, parent, son-in-law, daughter-in-law, father-in-law, 13 or mother-in-law of the employee, as appropriate. The 14 employee shall provide, in a timely manner, a copy of such 15 certification to the employer. 16 (b) Sufficient certification. Certification provided 17 under subsection (a) shall be sufficient if it states: 18 (1) the date on which the serious health condition 19 commenced; 20 (2) the probable duration of the condition; 21 (3) the appropriate medical facts within the 22 knowledge of the health care provider regarding the 23 condition; 24 (4)(A) for purposes of leave under Section 25 102(a)(1)(C), a statement that the eligible employee is 26 needed to care for the son, daughter, spouse, parent, 27 son-in-law, daughter-in-law, father-in-law, or 28 mother-in-law and an estimate of the amount of time that 29 such employee is needed to care for the son, daughter, 30 spouse, parent, son-in-law, daughter-in-law, 31 father-in-law, or mother-in-law; and 32 (B) for purposes of leave under Section 33 102(a)(1)(D), a statement that the employee is unable to -10- LRB093 06289 WGH 06405 b 1 perform the functions of the position of the employee; 2 (5) in the case of certification for intermittent 3 leave, or leave on a reduced leave schedule, for planned 4 medical treatment, the dates on which such treatment is 5 expected to be given and the duration of such treatment; 6 (6) in the case of certification for intermittent 7 leave, or leave on a reduced leave schedule, under 8 Section 102(a)(1)(D), a statement of the medical 9 necessity for the intermittent leave or leave on a 10 reduced leave schedule, and the expected duration of the 11 intermittent leave or reduced leave schedule; and 12 (7) in the case of certification for intermittent 13 leave, or leave on a reduced leave schedule, under 14 Section 102(a)(1)(C), a statement that the employee's 15 intermittent leave or leave on a reduced leave schedule 16 is necessary for the care of the son, daughter, parent, 17 spouse, son-in-law, daughter-in-law, father-in-law, or 18 mother-in-law who has a serious health condition, or will 19 assist in their recovery, and the expected duration and 20 schedule of the intermittent leave or reduced leave 21 schedule. 22 (c) Second opinion. 23 (1) In general. In any case in which the employer 24 has reason to doubt the validity of the certification 25 provided under subsection (a) for leave under 26 subparagraph (C) or (D) of Section 102(a)(1), the 27 employer may require, at the expense of the employer, 28 that the eligible employee obtain the opinion of a second 29 health care provider designated or approved by the 30 employer concerning any information certified under 31 subsection (b) for such leave. 32 (2) Limitation. A health care provider designated or 33 approved under paragraph (1) shall not be employed on a 34 regular basis by the employer. -11- LRB093 06289 WGH 06405 b 1 (d) Resolution of conflicting opinions. 2 (1) In general. In any case in which the second 3 opinion described in subsection (c) differs from the 4 opinion in the original certification provided under 5 subsection (a), the employer may require, at the expense 6 of the employer, that the employee obtain the opinion of 7 a third health care provider designated or approved 8 jointly by the employer and the employee concerning the 9 information certified under subsection (b). 10 (2) Finality. The opinion of the third health care 11 provider concerning the information certified under 12 subsection (b) shall be considered to be final and shall 13 be binding on the employer and the employee. 14 (e) Subsequent recertification. The employer may require 15 that the eligible employee obtain subsequent recertifications 16 on a reasonable basis. 17 Section 104. Employment and benefits protection. 18 (a) Restoration to position. 19 (1) In general. Except as provided in subsection 20 (b), any eligible employee who takes leave under Section 21 102 for the intended purpose of the leave shall be 22 entitled, on return from such leave: 23 (A) to be restored by the employer to the 24 position of employment held by the employee when the 25 leave commenced; or 26 (B) to be restored to an equivalent position 27 with equivalent employment benefits, pay, and other 28 terms and conditions of employment. 29 (2) Loss of benefits. The taking of leave under 30 Section 102 shall not result in the loss of any 31 employment benefit accrued prior to the date on which the 32 leave commenced. 33 (3) Limitations. Nothing in this Section shall be -12- LRB093 06289 WGH 06405 b 1 construed to entitle any restored employee to: 2 (A) the accrual of any seniority or employment 3 benefits during any period of leave; or 4 (B) any right, benefit, or position of 5 employment other than any right, benefit, or 6 position to which the employee would have been 7 entitled had the employee not taken the leave. 8 (4) Certification. As a condition of restoration 9 under paragraph (1) for an employee who has taken leave 10 under Section 102(a)(1)(D), the employer may have a 11 uniformly applied practice or policy that requires each 12 such employee to receive certification from the health 13 care provider of the employee that the employee is able 14 to resume work, except that nothing in this paragraph 15 shall supersede a valid State or local law or a 16 collective bargaining agreement that governs the return 17 to work of such employees. 18 (5) Construction. Nothing in this subsection shall 19 be construed to prohibit an employer from requiring an 20 employee on leave under Section 102 to report 21 periodically to the employer on the status and intention 22 of the employee to return to work. 23 (b) Exemption concerning certain highly compensated 24 employees. 25 (1) Denial of restoration. An employer may deny 26 restoration under subsection (a) to any eligible employee 27 described in paragraph (2) if: 28 (A) such denial is necessary to prevent 29 substantial and grievous economic injury to the 30 operations of the employer; 31 (B) the employer notifies the employee of the 32 intent of the employer to deny restoration on such 33 basis at the time the employer determines that such 34 injury would occur; and -13- LRB093 06289 WGH 06405 b 1 (C) in any case in which the leave has 2 commenced, the employee elects not to return to 3 employment after receiving such notice. 4 (2) Affected employees. An eligible employee 5 described in paragraph (1) is a salaried eligible 6 employee who is among the highest paid 10 percent of the 7 employees employed by the employer within 75 miles of the 8 facility at which the employee is employed. 9 (c) Maintenance of health benefits. 10 (1) Coverage. Except as provided in paragraph (2), 11 during any period that an eligible employee takes leave 12 under Section 102, the employer shall maintain coverage 13 under any "group health plan" (as defined in Section 14 5000(b)(1) of the Internal Revenue Code of 1986) for the 15 duration of such leave at the level and under the 16 conditions coverage would have been provided if the 17 employee had continued in employment continuously for the 18 duration of such leave. 19 (2) Failure to return from leave. The employer may 20 recover the premium that the employer paid for 21 maintaining coverage for the employee under such group 22 health plan during any period of unpaid leave under 23 Section 102 if: 24 (A) the employee fails to return from leave 25 under Section 102 after the period of leave to which 26 the employee is entitled has expired; and 27 (B) the employee fails to return to work for a 28 reason other than: 29 (i) the continuation, recurrence, or onset 30 of a serious health condition that entitles the 31 employee to leave under subparagraph (C) or (D) 32 of Section 102(a)(1); or 33 (ii) other circumstances beyond the 34 control of the employee. -14- LRB093 06289 WGH 06405 b 1 (3) Certification. 2 (A) Issuance. An employer may require that a 3 claim that an employee is unable to return to work 4 because of the continuation, recurrence, or onset of 5 the serious health condition described in paragraph 6 (2)(B)(i) be supported by: 7 (i) a certification issued by the health 8 care provider of the son, daughter, spouse, 9 parent, son-in-law, daughter-in-law, 10 father-in-law, or mother-in-law of the 11 employee, as appropriate, in the case of an 12 employee unable to return to work because of a 13 condition specified in Section 102(a)(1)(C); or 14 (ii) a certification issued by the health 15 care provider of the eligible employee, in the 16 case of an employee unable to return to work 17 because of a condition specified in Section 18 102(a)(1)(D). 19 (B) Copy. The employee shall provide, in a 20 timely manner, a copy of such certification to the 21 employer. 22 (C) Sufficiency of certification. 23 (i) Leave due to serious health condition 24 of employee. The certification described in 25 subparagraph (A)(ii) shall be sufficient if the 26 certification states that a serious health 27 condition prevented the employee from being 28 able to perform the functions of the position 29 of the employee on the date that the leave of 30 the employee expired. 31 (ii) Leave due to serious health condition 32 of family member. The certification described 33 in subparagraph (A)(i) shall be sufficient if 34 the certification states that the employee is -15- LRB093 06289 WGH 06405 b 1 needed to care for the son, daughter, spouse, 2 parent, son-in-law, daughter-in-law, 3 father-in-law, or mother-in-law who has a 4 serious health condition on the date that the 5 leave of the employee expired. 6 Section 105. Prohibited Acts. 7 (a) Interference with rights. 8 (1) Exercise of rights. It shall be unlawful for any 9 employer to interfere with, restrain, or deny the 10 exercise of or the attempt to exercise, any right 11 provided under this Article. 12 (2) Discrimination. It shall be unlawful for any 13 employer to discharge or in any other manner discriminate 14 against any individual for opposing any practice made 15 unlawful by this Article. 16 (b) Interference with proceedings or inquiries. It shall 17 be unlawful for any person to discharge or in any other 18 manner discriminate against any individual because such 19 individual: 20 (1) has filed any charge, or has instituted or 21 caused to be instituted any proceeding, under or related 22 to this Article; 23 (2) has given, or is about to give, any information 24 in connection with any inquiry or proceeding relating to 25 any right provided under this Article; or 26 (3) has testified, or is about to testify, in any 27 inquiry or proceeding relating to any right provided 28 under this Article. 29 Section 106. Investigative authority. 30 (a) In general. To ensure compliance with the provisions 31 of this Article, or any rule or order issued under this 32 Article, the Director shall have, subject to subsection (c), -16- LRB093 06289 WGH 06405 b 1 the authority to investigate complaints. 2 (b) Obligation to keep and preserve records. Any employer 3 shall make, keep, and preserve records pertaining to 4 compliance with this Article in accordance with rules adopted 5 by the Director. 6 (c) Required submissions generally limited to an annual 7 basis. The Director shall not under the authority of this 8 Section require any employer or any plan, fund, or program to 9 submit to the Director any books or records more than once 10 during any 12-month period, unless the Director has 11 reasonable cause to believe there may exist a violation of 12 this Article or any rule or order issued pursuant to this 13 Article, or is investigating a charge pursuant to Section 14 107(b). 15 (d) Subpoena powers. For the purposes of any 16 investigation provided for in this Section, the Director 17 shall have the authority to issue subpoenas. 18 Section 107. Enforcement. 19 (a) Civil action by employees. 20 (1) Liability. Any employer who violates Section 105 21 shall be liable to any eligible employee affected: 22 (A) for damages equal to: 23 (i) the amount of: 24 (I) any wages, salary, employment 25 benefits, or other compensation denied or 26 lost to such employee by reason of the 27 violation; or 28 (II) in a case in which wages, 29 salary, employment benefits, or other 30 compensation have not been denied or lost 31 to the employee, any actual monetary 32 losses sustained by the employee as a 33 direct result of the violation, such as -17- LRB093 06289 WGH 06405 b 1 the cost of providing care, up to a sum 2 equal to 12 weeks of wages or salary for 3 the employee; 4 (ii) the interest on the amount described 5 in clause (i) calculated at the rate of 6 interest on judgments set forth in Section 7 2-1303 of the Code of Civil Procedure; and 8 (iii) an additional amount as liquidated 9 damages equal to the sum of the amount 10 described in clause (i) and the interest 11 described in clause (ii), except that if an 12 employer who has violated Section 105 proves to 13 the satisfaction of the court that the act or 14 omission which violated Section 105 was in good 15 faith and that the employer had reasonable 16 grounds for believing that the act or omission 17 was not a violation of Section 105, such court 18 may, in the discretion of the court, reduce the 19 amount of the liability to the amount and 20 interest determined under clauses (i) and (ii), 21 respectively; and 22 (B) for such equitable relief as may be 23 appropriate, including employment, reinstatement, 24 and promotion. 25 (2) Right of action. An action to recover the 26 damages or equitable relief prescribed in paragraph (1) 27 may be maintained against any employer (including a 28 public agency) in the circuit court by any one or more 29 employees for and in behalf of: 30 (A) the employees; or 31 (B) the employees and other employees similarly 32 situated. 33 (3) Fees and costs. The court in such an action 34 shall, in addition to any judgment awarded to the -18- LRB093 06289 WGH 06405 b 1 plaintiff, allow a reasonable attorney's fee, reasonable 2 expert witness fees, and other costs of the action to be 3 paid by the defendant. 4 (4) Limitations. The right provided by paragraph (2) 5 to bring an action by or on behalf of any employee shall 6 terminate: 7 (A) on the filing of a complaint by the 8 Director in an action under subsection (d) in which 9 restraint is sought of any further delay in the 10 payment of the amount described in paragraph (1)(A) 11 to such employee by an employer responsible under 12 paragraph (1) for the payment; or 13 (B) on the filing of a complaint by the 14 Director in an action under subsection (b) in which 15 a recovery is sought of the damages described in 16 paragraph (1)(A) owing to an eligible employee by an 17 employer liable under paragraph (1), unless the 18 action described in subparagraph (A) or (B) is 19 dismissed without prejudice on motion of the 20 Director. 21 (b) Action by the Director. 22 (1) Administrative action. The Director shall 23 receive, investigate, and attempt to resolve complaints 24 of violations of Section 105. 25 (2) Civil action. The Director may bring an action 26 in the circuit court to recover the damages described in 27 subsection (a)(1)(A). 28 (3) Sums recovered. Any sums recovered by the 29 Director pursuant to paragraph (2) shall be held in a 30 special deposit account and shall be paid, on order of 31 the Director, directly to each employee affected. Any 32 such sums not paid to an employee because of inability 33 to do so within a period of 3 years shall be deposited 34 into the General Revenue Fund. -19- LRB093 06289 WGH 06405 b 1 (c) Limitation. 2 (1) In general. Except as provided in paragraph (2), 3 an action may be brought under this Section not later 4 than 2 years after the date of the last event 5 constituting the alleged violation for which the action 6 is brought. 7 (2) Willful violation. In the case of such action 8 brought for a willful violation of Section 105, such 9 action may be brought within 3 years of the date of the 10 last event constituting the alleged violation for which 11 such action is brought. 12 (3) Commencement. In determining when an action is 13 commenced by the Director under this Section for the 14 purposes of this subsection, it shall be considered to be 15 commenced on the date when the complaint is filed. 16 (d) Action for injunction by Director. The circuit court 17 shall have jurisdiction, for cause shown, in an action 18 brought by the Director: 19 (1) to restrain violations of Section 105, including 20 the restraint of any withholding of payment of wages, 21 salary, employment benefits, or other compensation, plus 22 interest, found by the court to be due to eligible 23 employees; or 24 (2) to award such other equitable relief as may be 25 appropriate, including employment, reinstatement, and 26 promotion. 27 Section 108. Special rules concerning employees of local 28 educational agencies. 29 (a) Application. 30 (1) In general. Except as otherwise provided in this 31 Section, the rights (including the rights under Section 32 104, which shall extend throughout the period of leave of 33 any employee under this Section), remedies, and -20- LRB093 06289 WGH 06405 b 1 procedures under this Article shall apply to: 2 (A) any "local educational agency" (as defined 3 in Section 1471(12) of the Elementary and Secondary 4 Education Act of 1965 (20 U.S.C. 2891(12)) and an 5 eligible employee of the agency; and 6 (B) any private elementary or secondary school 7 and an eligible employee of the school. 8 (2) Definitions. For purposes of the application 9 described in paragraph (1): 10 (A) Eligible employee. The term "eligible 11 employee" means an eligible employee of an agency or 12 school described in paragraph (1). 13 (B) Employer. The term "employer" means an 14 agency or school described in paragraph (1). 15 (b) Leave does not violate certain other federal laws. A 16 local educational agency and a private elementary or 17 secondary school shall not be in violation of the Individuals 18 with Disabilities Education Act (20 U.S.C. 1400 et seq.), 19 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 20 794), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 21 2000d et seq.), solely as a result of an eligible employee of 22 such agency or school exercising the rights of such employee 23 under this Article. 24 (c) Intermittent leave or leave on a reduced schedule for 25 instructional employees. 26 (1) In general. Subject to paragraph (2), in any 27 case in which an eligible employee employed principally 28 in an instructional capacity by any such educational 29 agency or school requests leave under subparagraph (C) or 30 (D) of Section 102(a)(1) that is foreseeable based on 31 planned medical treatment and the employee would be on 32 leave for greater than 20 percent of the total number of 33 working days in the period during which the leave would 34 extend, the agency or school may require that such -21- LRB093 06289 WGH 06405 b 1 employee elect either: 2 (A) to take leave for periods of a particular 3 duration, not to exceed the duration of the planned 4 medical treatment; or 5 (B) to transfer temporarily to an available 6 alternative position offered by the employer for 7 which the employee is qualified, and that: 8 (i) has equivalent pay and benefits; and 9 (ii) better accommodates recurring periods 10 of leave than the regular employment position 11 of the employee. 12 (2) Application. The elections described in 13 subparagraphs (A) and (B) of paragraph (1) shall apply 14 only with respect to an eligible employee who complies 15 with Section 102(e)(2). 16 (d) Rules applicable to periods near the conclusion of an 17 academic term. The following rules shall apply with respect 18 to periods of leave near the conclusion of an academic term 19 in the case of any eligible employee employed principally in 20 an instructional capacity by any such educational agency or 21 school: 22 (1) Leave more than 5 weeks prior to end of term. If 23 the eligible employee begins leave under Section 102 more 24 than 5 weeks prior to the end of the academic term, the 25 agency or school may require the employee to continue 26 taking leave until the end of such term, if: 27 (A) the leave is of at least 3 weeks duration; 28 and 29 (B) the return to employment would occur during 30 the 3-week period before the end of such term. 31 (2) Leave less than 5 weeks prior to end of term. If 32 the eligible employee begins leave under subparagraph 33 (A), (B), or (C) of Section 102(a)(1) during the period 34 that commences 5 weeks prior to the end of the academic -22- LRB093 06289 WGH 06405 b 1 term, the agency or school may require the employee to 2 continue taking leave until the end of such term, if: 3 (A) the leave is of greater than 2 weeks 4 duration; and 5 (B) the return to employment would occur during 6 the 2-week period before the end of such term. 7 (3) Leave less than 3 weeks prior to end of term. If 8 the eligible employee begins leave under subparagraph 9 (A), (B), or (C) of Section 102(a)(1) during the period 10 that commences 3 weeks prior to the end of the academic 11 term and the duration of the leave is greater than 5 12 working days, the agency or school may require the 13 employee to continue to take leave until the end of such 14 term. 15 (e) Restoration to equivalent employment position. For 16 purposes of determinations under Section 104(a)(1)(B) 17 (relating to the restoration of an eligible employee to an 18 equivalent position), in the case of a local educational 19 agency or a private elementary or secondary school, such 20 determination shall be made on the basis of established 21 school board policies and practices, private school policies 22 and practices, and collective bargaining agreements. 23 (f) Reduction of the amount of liability. If a local 24 educational agency or a private elementary or secondary 25 school that has violated this Article proves to the 26 satisfaction of the court that the agency, school, or 27 department had reasonable grounds for believing that the 28 underlying act or omission was not a violation of this 29 Article, such court may, in the discretion of the court, 30 reduce the amount of the liability provided for under Section 31 107(a)(1)(A) to the amount and interest determined under 32 clauses (i) and (ii), respectively, of such Section. 33 Section 109. Notice. -23- LRB093 06289 WGH 06405 b 1 (a) In general. Each employer shall post and keep posted, 2 in conspicuous places on the premises of the employer where 3 notices to employees and applicants for employment are 4 customarily posted, a notice, to be prepared or approved by 5 the Director, setting forth excerpts from, or summaries of, 6 the pertinent provisions of this Article and information 7 pertaining to the filing of a charge. 8 (b) Penalty. Any employer that willfully violates this 9 Section may be assessed a civil money penalty not to exceed 10 $100 for each separate offense. 11 ARTICLE II. (BLANK) 12 ARTICLE III.(BLANK) 13 ARTICLE IV. MISCELLANEOUS PROVISIONS 14 Section 401. Effect on other laws. 15 (a) Federal and State antidiscrimination laws. Nothing in 16 this Act shall be construed to modify or affect any Federal 17 or State law prohibiting discrimination on the basis of 18 race, religion, color, national origin, sex, age, or 19 disability. 20 (b) State and local laws. Nothing in this Act shall be 21 construed to supersede any provision of any State or local 22 law that provides greater family or medical leave rights than 23 the rights established under this Act. 24 Section 402. Effect on existing employment benefits. 25 (a) More protective. Nothing in this Act shall be 26 construed to diminish the obligation of an employer to comply 27 with any collective bargaining agreement or any employment 28 benefit program or plan that provides greater family or 29 medical leave rights to employees than the rights established -24- LRB093 06289 WGH 06405 b 1 under this Act. 2 (b) Less protective. The rights established for employees 3 under this Act shall not be diminished by any collective 4 bargaining agreement or any employment benefit program or 5 plan. 6 Section 403. Encouragement of more generous leave 7 policies. Nothing in this Act shall be construed to 8 discourage employers from adopting or retaining leave 9 policies more generous than any policies that comply with the 10 requirements under this Act. 11 Section 404. Rules. The Director shall prescribe such 12 rules as are necessary to carry out this Act not later than 13 120 days after the effective date of of this Act. 14 Section 404.1. Applicability. 15 (1) In the case of a collective bargaining agreement in 16 effect on the effective date of this Act, Article I shall 17 apply on the earlier of: 18 (A) the date of the termination of such agreement; 19 or 20 (B) the date that occurs 12 months after the 21 effective date of this Act. 22 (2) Nothing in this Act shall be construed to limit the 23 applicability of the federal Family and Medical Leave Act of 24 1993 with regard to employers and employees covered by that 25 Act. 26 Section 405. Effective date. This Act shall take effect 6 27 months after it becomes law.