Rep. Mary E. Flowers
Filed: 4/15/2016
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1 | AMENDMENT TO HOUSE BILL 166
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2 | AMENDMENT NO. ______. Amend House Bill 166, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the Paid | ||||||
6 | Family Leave Act. | ||||||
7 | Section 5. Declaration of policy and intent. | ||||||
8 | (a) It is the public policy of this State to protect | ||||||
9 | working families against the economic hardship caused by the | ||||||
10 | need to take time off from work to care for family members who | ||||||
11 | are incapable of self-care, including newborn and newly adopted | ||||||
12 | children. The growing portion of middle-income families in | ||||||
13 | which all adult family members work, largely due to economic | ||||||
14 | necessity, points to the desperate need for replacement income | ||||||
15 | when a working family member must take time to care for family | ||||||
16 | members who are unable to take care of themselves. |
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1 | Moreover, many women are single mothers or the primary | ||||||
2 | breadwinners for their families. If any of these women take an | ||||||
3 | unpaid maternity leave, her whole family, and Illinois, | ||||||
4 | suffers. | ||||||
5 | The United States is the only industrialized nation in the | ||||||
6 | world that does not have a mandatory workplace-based program | ||||||
7 | for such income support. | ||||||
8 | It is therefore desirable and necessary to develop systems | ||||||
9 | that help families adapt to the competing interests of work and | ||||||
10 | home which not only benefit workers, but also benefit employers | ||||||
11 | by reducing employee turnover and increasing worker | ||||||
12 | productivity. | ||||||
13 | (b) It is the intent of the General Assembly to create a | ||||||
14 | family leave program to relieve the serious menace to health, | ||||||
15 | morals, and welfare of Illinois families, to increase workplace | ||||||
16 | productivity, and to alleviate the enormous and growing stress | ||||||
17 | on working families of balancing the demands of work and family | ||||||
18 | needs. The family leave program shall complement the State's | ||||||
19 | unemployment insurance program, shall be funded through | ||||||
20 | employee contributions, and shall be administered in | ||||||
21 | accordance with the policies of the State unemployment | ||||||
22 | insurance program. Initial and ongoing administrative costs | ||||||
23 | associated with the family leave program shall be payable from | ||||||
24 | the State Benefits Fund. | ||||||
25 | Section 10. Definitions. In this Act: |
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1 | (1)(A) "Average weekly wage" means the amount derived by | ||||||
2 | dividing a covered employee's total wages earned from the | ||||||
3 | employee's most recent covered employer during the base weeks | ||||||
4 | in the 8 calendar weeks immediately preceding the calendar week | ||||||
5 | in which a period of family leave commenced by the number of | ||||||
6 | such base weeks. | ||||||
7 | (B) If the computation in paragraph (A) yields a result | ||||||
8 | that is less than the employee's average weekly earnings in | ||||||
9 | employment with all covered employers during the base weeks in | ||||||
10 | such 8 calendar weeks, then the average weekly wage shall be | ||||||
11 | computed on the basis of earnings from all covered employers | ||||||
12 | during the base weeks in the 8 calendar weeks immediately | ||||||
13 | preceding the week in which the period of family leave | ||||||
14 | commenced. | ||||||
15 | (C) For periods of family leave, if the computations in | ||||||
16 | paragraphs (A) and (B) both yield a result which is less than | ||||||
17 | the employee's average weekly earnings in employment with all | ||||||
18 | covered employers during the base weeks in the 26 calendar | ||||||
19 | weeks immediately preceding the week in which the period of | ||||||
20 | family leave commenced, then the average weekly wage shall, | ||||||
21 | upon a written request to the Department by the employee on a | ||||||
22 | form provided by the Department, be computed by the Department | ||||||
23 | on the basis of earnings from all covered employers of the | ||||||
24 | employee during the base weeks in those 26 calendar weeks. | ||||||
25 | (2) "Base hours" means the hours of work for which an | ||||||
26 | employee receives compensation. "Base hours" includes overtime |
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1 | hours for which the employee is paid additional or overtime | ||||||
2 | compensation and hours for which the employee receives workers' | ||||||
3 | compensation benefits. "Base hours" also includes hours an | ||||||
4 | employee would have worked except for having been in military | ||||||
5 | service. At the option of the employer, "base hours" may | ||||||
6 | include hours for which the employee receives other types of | ||||||
7 | compensation, such as administrative, personal leave, vacation | ||||||
8 | or sick leave. | ||||||
9 | (3) "Base salary" means the salary paid to an employee, | ||||||
10 | excluding overtime and bonuses, but not excluding salary | ||||||
11 | withheld for State, federal, and local taxes, FICA, and | ||||||
12 | employee contributions to any pension or health or other | ||||||
13 | insurance plans or programs.
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14 | (4) "Care" includes, but is not limited to, physical care, | ||||||
15 | emotional support, visitation, arranging for a change in care, | ||||||
16 | assistance with essential daily living matters, and personal | ||||||
17 | attendant services. | ||||||
18 | (5) "Child" means a biological, adopted, or foster child, | ||||||
19 | stepchild, or legal ward of an eligible employee, child of a | ||||||
20 | domestic partner of the eligible employee, or child of a civil | ||||||
21 | union partner of the eligible employee, who is less than 19 | ||||||
22 | years of age or is 19 years of age or older, but incapable of | ||||||
23 | self-care because of a mental or physical impairment. | ||||||
24 | (6) "Civil union" means a civil union as defined in the | ||||||
25 | Illinois Religious Freedom Protection and Civil Union Act.
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26 | (7) "Consecutive leave" means leave that is taken without |
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1 | interruption based upon an employee's regular work schedule and | ||||||
2 | does not include breaks in employment in which an employee is | ||||||
3 | not regularly scheduled to work. For example, when an employee | ||||||
4 | is normally scheduled to work from September through June and | ||||||
5 | is not scheduled to work during July and August, a leave taken | ||||||
6 | continuously during May, June, and September shall be | ||||||
7 | considered a consecutive leave. | ||||||
8 | (8) "Department" means the Department of Employment | ||||||
9 | Security.
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10 | (9) "Director" means the Director of Employment Security | ||||||
11 | and any transaction or exercise of authority by the Director | ||||||
12 | shall be deemed to be performed by the Department.
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13 | (10) "Eligible employee" means an employee employed by the | ||||||
14 | same employer, as defined in paragraph (11), in the State of | ||||||
15 | Illinois for 12 months or more who has worked 1,000 or more | ||||||
16 | base hours during the preceding 12-month period. An employee is | ||||||
17 | considered to be employed in the State of Illinois if: | ||||||
18 | (A) the employee works in Illinois; or | ||||||
19 | (B) the employee routinely performs some work in | ||||||
20 | Illinois and the employee's base of operations or the place | ||||||
21 | from which the work is directed and controlled is in | ||||||
22 | Illinois. | ||||||
23 | (11) "Employer" means any partnership, association, trust, | ||||||
24 | estate, joint-stock company, insurance company, or | ||||||
25 | corporation, whether domestic or foreign, or the receiver, | ||||||
26 | trustee in bankruptcy, trustee, or person that has in its |
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1 | employ one or more employees performing services for it within | ||||||
2 | this State. "Employer" also includes any employer subject to | ||||||
3 | the Unemployment Insurance Act, except the State, its political | ||||||
4 | subdivisions, and any instrumentality of the State. All | ||||||
5 | employees performing services within this State for any | ||||||
6 | employing unit that maintains 2 or more separate establishments | ||||||
7 | within this State shall be deemed to be employed by a single | ||||||
8 | employing unit for all purposes of this Act. | ||||||
9 | (12) "Family member" means a child, spouse, party to a | ||||||
10 | civil union, or parent of an eligible employee. | ||||||
11 | (13) "Family leave" means leave taken by an eligible | ||||||
12 | employee from work with an employer: (A) to participate in the | ||||||
13 | providing of care, including physical or psychological care, | ||||||
14 | for the employee or a family member of the eligible employee | ||||||
15 | made necessary by a serious health condition of the family | ||||||
16 | member; (B) to be with a child during the first 12 months after | ||||||
17 | the child's birth, if the employee, or the party to a civil | ||||||
18 | union with the employee, is a biological parent of the child, | ||||||
19 | or the first 12 months after the placement of the child for | ||||||
20 | adoption or foster care with the employee; (C) for the | ||||||
21 | employee's own serious condition; or (D) because of any | ||||||
22 | qualifying exigency as interpreted under the Family and Medical | ||||||
23 | Leave Act of 1993 (29 U.S.C. 2612(a)(1)(E) and 29 CFR 825.126) | ||||||
24 | arising out of the fact that the spouse, domestic partner, | ||||||
25 | child, or parent of the employee is on active duty (or has been | ||||||
26 | notified of an impending call or order to active duty) in the |
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1 | armed forces as of the United States. "Family leave" does not | ||||||
2 | include any period of time during which an eligible employee is | ||||||
3 | paid benefits pursuant to the Workers' Compensation Act or the | ||||||
4 | Unemployment Insurance Act because the employee is unable to | ||||||
5 | perform the duties of the employee's employment due to the | ||||||
6 | employee's own disability. | ||||||
7 | (14) "Family leave benefits" means any payments that are | ||||||
8 | payable to an eligible employee for all or part of a period of | ||||||
9 | family leave. | ||||||
10 | (15) "Health care provider" means any person licensed under | ||||||
11 | federal, State, or local law or the laws of a foreign nation to | ||||||
12 | provide health care services or any other person who has been | ||||||
13 | authorized to provide health care by a licensed health care | ||||||
14 | provider.
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15 | (16) "Intermittent leave" means a non-consecutive leave | ||||||
16 | consisting of intervals, each of which is at least one, but | ||||||
17 | less than 12, weeks within a consecutive 12-month period. | ||||||
18 | (17) "Parent of an eligible employee" means a biological | ||||||
19 | parent, foster parent, adoptive parent, or stepparent of the | ||||||
20 | eligible employee or a person who was a legal guardian of the | ||||||
21 | eligible employee when the eligible employee was a child. | ||||||
22 | (18) "Placement for adoption" means the time when an | ||||||
23 | eligible employee adopts a child or becomes responsible for a | ||||||
24 | child pending adoption by the eligible employee. | ||||||
25 | (19) "Reduced leave schedule" means a reduced leave that is | ||||||
26 | scheduled for not more than 24 consecutive weeks. |
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1 | (20) "Serious health condition" means an illness, injury, | ||||||
2 | impairment, or physical or mental condition that requires | ||||||
3 | inpatient care in a hospital, hospice, or residential medical | ||||||
4 | care facility or continuing medical treatment or continuing | ||||||
5 | supervision by a health care provider. | ||||||
6 | (21) "12-month period" means, with respect to an employee | ||||||
7 | who establishes a valid claim for family leave benefits during | ||||||
8 | a period of family leave, the 365 consecutive days that begin | ||||||
9 | with the first day that the employee first establishes the | ||||||
10 | claim. | ||||||
11 | (22) "Wages" means all compensation payable by employers to | ||||||
12 | eligible employees for personal services including | ||||||
13 | commissions, bonuses, and the cash value of all compensation | ||||||
14 | payable in any medium other than cash. | ||||||
15 | Section 15. Family leave program. | ||||||
16 | (a) Subject to appropriation, the Department shall | ||||||
17 | establish and administer a family leave program. | ||||||
18 | (b) The Department shall establish procedures and forms for | ||||||
19 | filing
claims for benefits under this Act. | ||||||
20 | (c) The Department shall use information sharing and | ||||||
21 | integration
technology to facilitate the disclosure of | ||||||
22 | relevant information or records by the Department of Employment | ||||||
23 | Security, so long as an individual
consents to the disclosure | ||||||
24 | as required under Section 20 of this Act.
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25 | (d) Information contained in the files and records |
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1 | pertaining to an
employee under this Act are confidential and | ||||||
2 | not open to public
inspection, other than to public employees | ||||||
3 | in the performance of their
official duties. However, the | ||||||
4 | employee or an authorized
representative of an employee may | ||||||
5 | review the records or receive
specific information from the | ||||||
6 | records on the presentation of the signed
authorization of the | ||||||
7 | employee. An employer or the employer's duly
authorized | ||||||
8 | representative may review the records of an employee
employed | ||||||
9 | by the employer in connection with a pending claim. At the
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10 | Department's discretion, other persons may review records when | ||||||
11 | such
persons are rendering assistance to the Department at any | ||||||
12 | stage of the
proceedings on any matter pertaining to the | ||||||
13 | administration of this
Act. | ||||||
14 | An employer must keep at its place of business records of | ||||||
15 | employment from which the information needed by the Department | ||||||
16 | for purposes of this Act may be obtained. The records shall at | ||||||
17 | all times be open to the inspection of the Department pursuant | ||||||
18 | to rules adopted by the Department. | ||||||
19 | (e) The Department shall develop and implement an outreach | ||||||
20 | program
to ensure that individuals who may be eligible to | ||||||
21 | receive family leave
benefits under this Act are made aware of | ||||||
22 | these benefits.
Outreach information shall explain, in an easy | ||||||
23 | to understand format,
eligibility requirements, the claims | ||||||
24 | process, weekly benefit amounts,
maximum benefits payable, | ||||||
25 | notice requirements, reinstatement and
nondiscrimination | ||||||
26 | rights, confidentiality, and coordination of leave
under this |
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1 | Act and other laws, collective bargaining agreements,
and | ||||||
2 | employer policies. Outreach information shall be available in
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3 | English and in languages other than English
that
are spoken as | ||||||
4 | a primary language by a significant portion of the State's
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5 | population, as determined by the Department. | ||||||
6 | Section 20. Eligibility for benefits. | ||||||
7 | (a) Family leave benefits are payable under the family | ||||||
8 | leave program to an employee during a period in which the | ||||||
9 | employee is on unpaid family
leave if the employee does all of | ||||||
10 | the following: | ||||||
11 | (1) Takes family leave: | ||||||
12 | (A) because of the birth of a
child of the employee | ||||||
13 | and in order to care for the child; | ||||||
14 | (B) to care for a newly adopted child under 18 | ||||||
15 | years of age or a newly
placed foster child under 18 | ||||||
16 | years of age or a newly adopted or newly placed foster | ||||||
17 | child older than 18 years of age if the child is | ||||||
18 | incapable of self-care because of a mental or physical | ||||||
19 | disability; or | ||||||
20 | (C) to care for a family member with a serious | ||||||
21 | health condition. | ||||||
22 | (2) Files a claim for family leave benefits as required | ||||||
23 | by rules adopted by the Department. | ||||||
24 | (3) Establishes that the employee has been employed for | ||||||
25 | at least 680 hours in employment during the employee's |
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1 | qualifying year. | ||||||
2 | (4) Establishes that the employee has had premiums | ||||||
3 | withheld throughout the employee's
qualifying year via | ||||||
4 | payroll withholdings as provided under Section 30 of this | ||||||
5 | Act. | ||||||
6 | (5) Establishes an application year. An application | ||||||
7 | year may not be established if the qualifying year includes | ||||||
8 | hours worked before establishment of a previous | ||||||
9 | application year. | ||||||
10 | (6) Consents to the disclosure of information or | ||||||
11 | records deemed private and confidential by State and | ||||||
12 | federal laws. Further disclosure of this information or | ||||||
13 | these records is subject to subsection (c) of Section 15 of | ||||||
14 | this Act. | ||||||
15 | (7) Discloses whether or not he or she owes child | ||||||
16 | support obligations as defined in subsection (B) of Section | ||||||
17 | 1300 of the Unemployment Insurance Act. | ||||||
18 | (8) Documents that he or she has provided the employer | ||||||
19 | from whom family leave is to be taken with written notice | ||||||
20 | of the employee's intention to take family leave as | ||||||
21 | provided in Section 75. | ||||||
22 | (b) The Department may require that a claim for family | ||||||
23 | leave benefits under this Section be supported by
a | ||||||
24 | certification issued by a health care provider who is providing | ||||||
25 | care to the employee's family
member if applicable. | ||||||
26 | (c) An employee is not eligible for family leave benefits |
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1 | under this Section for any week for which the
employee receives | ||||||
2 | paid family leave. If an employer provides paid family leave, | ||||||
3 | the employee may elect whether first to use the paid family | ||||||
4 | leave or to receive family leave benefits under this Section.
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5 | An employee may not be required to use paid family leave to | ||||||
6 | which the employee is entitled
before receiving family leave | ||||||
7 | benefits under this Section. | ||||||
8 | (d) This Section does not limit an employee's right to take | ||||||
9 | leave from employment
under other laws or employer policy. | ||||||
10 | (e) The eligibility of an employee for benefits is not | ||||||
11 | affected by a strike or lockout at the
factory, establishment, | ||||||
12 | or other premises at which the employee is or was last | ||||||
13 | employed. | ||||||
14 | (f) An employee who has received benefits under this | ||||||
15 | Section may not lose any other
employment benefits, including | ||||||
16 | seniority or pension rights, accrued before the date that
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17 | family leave commenced. However, this Section does not entitle | ||||||
18 | an employee to accrue employment
benefits during a period of | ||||||
19 | family leave or to a right, benefit, or position of employment
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20 | other than a right, benefit, or position to which the employee | ||||||
21 | would have been
entitled had the employee not taken family | ||||||
22 | leave. | ||||||
23 | (g) This Section does not diminish an employer's obligation | ||||||
24 | to comply with a collective
bargaining agreement or an | ||||||
25 | employment benefits program or plan that provides greater
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26 | benefits to employees than the benefits provided under this |
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1 | Section. | ||||||
2 | (h) An agreement by an employee to waive the employee's | ||||||
3 | rights under this Section is
void as contrary to public policy. | ||||||
4 | The benefits under this Section may not be diminished by
a | ||||||
5 | collective bargaining agreement or another employment benefits | ||||||
6 | program or plan entered
into or renewed after the effective | ||||||
7 | date of this Act. | ||||||
8 | (i) This Section does not create a continuing entitlement | ||||||
9 | or contractual right. | ||||||
10 | Section 25. Disqualification from benefits. | ||||||
11 | (a) An employee is disqualified from family leave benefits | ||||||
12 | under this Act if the
employee: | ||||||
13 | (1) willfully makes a false statement or | ||||||
14 | misrepresentation regarding a material fact, or
willfully | ||||||
15 | fails to disclose a material fact, to obtain benefits; | ||||||
16 | (2) seeks benefits based on an intentionally | ||||||
17 | self-inflicted serious health condition; or
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18 | (3) seeks benefits based on a serious health condition | ||||||
19 | that resulted from the employee's
commission of a felony. | ||||||
20 | (b) A disqualification for family leave benefits is for a | ||||||
21 | period of 2 years, and
commences on the first day of the | ||||||
22 | calendar week in which the employee filed a claim for
benefits | ||||||
23 | under this Act. An employee who is disqualified for benefits is | ||||||
24 | liable to the Department for a penalty in an amount equal to | ||||||
25 | 15% of the amount
of benefits received by the employee. |
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1 | Section 30. State Benefits Fund. | ||||||
2 | (a) The State Benefits Fund is created as a special fund in | ||||||
3 | the State treasury. Subject to appropriation, moneys in the | ||||||
4 | Fund may be used for the payment of family leave benefits and | ||||||
5 | for the administration of this Act. All interest and other | ||||||
6 | earnings that accrue from investment of moneys in the Fund | ||||||
7 | shall be credited to the Fund. | ||||||
8 | (b) There is imposed a tax upon employees in the amount of | ||||||
9 | 0.3% of wages as defined in Section 235 of the Unemployment | ||||||
10 | Insurance Act. The Department shall by rule provide for the | ||||||
11 | collection of this tax. | ||||||
12 | The amount of the tax imposed under this Section, less | ||||||
13 | refunds authorized by this Act, and all assessments and | ||||||
14 | penalties collected under this Act shall be deposited into and | ||||||
15 | credited to the Fund. | ||||||
16 | (c) A separate account, to be known as the Administration | ||||||
17 | Account, shall be maintained in the Fund. An amount determined | ||||||
18 | by the Treasurer sufficient for proper administration, not to | ||||||
19 | exceed, however, 0.1% of wages as defined in this Section, | ||||||
20 | shall be credited to the Administration Account. The expenses | ||||||
21 | of the Treasurer in administering the Fund and its accounts | ||||||
22 | shall be charged against the Administration Account. The costs | ||||||
23 | of administration of this Act shall be charged to the | ||||||
24 | Administration Account. | ||||||
25 | (d) A separate account, to be known as the Family Leave |
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1 | Benefits Account, shall be maintained in the Fund. The account | ||||||
2 | shall be charged with all benefit payments. Prior to July 1 of | ||||||
3 | each calendar year, the Department shall determine the average | ||||||
4 | rate of interest and other earnings on all investments of the | ||||||
5 | Fund for the preceding calendar year. If there is an | ||||||
6 | accumulated deficit in the Family Leave Benefits Account in | ||||||
7 | excess of $200,000 at the end of any calendar year after | ||||||
8 | interest and other earnings have been credited as provided in | ||||||
9 | this Section, the Director shall determine the ratio of the | ||||||
10 | deficit to the total of all taxable wages paid during the | ||||||
11 | preceding calendar year and shall make an assessment against | ||||||
12 | all employers in an amount equal to the taxable wages paid by | ||||||
13 | them during the preceding calendar year to employees, | ||||||
14 | multiplied by the ratio, but in no event shall any such | ||||||
15 | assessment exceed 0.1% of such wages. The amounts shall be | ||||||
16 | collectible by the Department in the same manner as provided | ||||||
17 | for the collection of employer contributions under the | ||||||
18 | Unemployment Insurance Act. In making this assessment, the | ||||||
19 | Department shall furnish to each affected employer a brief | ||||||
20 | summary of the determination of the assessment. The amount of | ||||||
21 | such assessments collected by the Department shall be credited | ||||||
22 | to the Family Leave Benefits Account.
As used in this Section, | ||||||
23 | "wages" means wages as provided in Section 235 of the | ||||||
24 | Unemployment Insurance Act. | ||||||
25 | (e) A board of trustees, consisting of the State Treasurer, | ||||||
26 | the Secretary of State, the Director of Labor, the Director of |
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1 | Employment Security, and the State Comptroller, is hereby | ||||||
2 | created. The board shall invest and reinvest all moneys in the | ||||||
3 | Fund in excess of its cash requirements in obligations legal | ||||||
4 | for savings banks. | ||||||
5 | Section 35. Family leave; duration; certification. | ||||||
6 | (a) An eligible employee may take 12 weeks of family leave | ||||||
7 | within any 24-month period in order to provide care made | ||||||
8 | necessary by reason of: | ||||||
9 | (1) the birth of a child of the employee; | ||||||
10 | (2) the placement for adoption of a child with an | ||||||
11 | employee; or | ||||||
12 | (3) the serious health condition of the employee or a | ||||||
13 | family member of the employee.
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14 | (b) If an eligible employee take less than 12 weeks of | ||||||
15 | family leave for any of the reasons specified in subsection | ||||||
16 | (a), the employee shall be entitled to take additional leave | ||||||
17 | for any of those reasons provided that the total leave taken | ||||||
18 | does not exceed 12 weeks in any consecutive 24-month period and | ||||||
19 | the other qualifications and restrictions contained in this Act | ||||||
20 | attendant to each type of leave are not abridged. | ||||||
21 | (c) An eligible employee is entitled to up to 12 | ||||||
22 | consecutive weeks of family leave in order to care for the | ||||||
23 | employee's newly born child or child placed for adoption with | ||||||
24 | the employee. An employee is entitled to a family leave for the | ||||||
25 | birth or adoption of a child if the employer falls within the |
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1 | statutory definition of employer at the time leave commences | ||||||
2 | and commencement of the leave begins within one year after the | ||||||
3 | birth or adoption of the child. An employee taking a family | ||||||
4 | leave for either of these reasons may take the leave | ||||||
5 | intermittently or on a reduced leave schedule only if agreed to | ||||||
6 | by the employee and the employer. An employee who takes a leave | ||||||
7 | for these purposes shall provide the employer with notice no | ||||||
8 | later than 30 days prior to the commencement of the leave, | ||||||
9 | except where emergent circumstances warrant shorter notice. | ||||||
10 | (d) An employee who has or whose family member has a | ||||||
11 | serious health condition is entitled to up to 12 weeks of | ||||||
12 | family leave taken on a consecutive, reduced leave, or, when | ||||||
13 | medically necessary, intermittent basis. The care that an | ||||||
14 | employee provides need not be exclusive and may be given in | ||||||
15 | conjunction with any other care provided. When requesting | ||||||
16 | family leave on an intermittent basis or reduced leave | ||||||
17 | schedule, the employee shall make a reasonable effort to | ||||||
18 | schedule the leave so as not to unduly disrupt the operations | ||||||
19 | of the employer.
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20 | An employee who takes a leave in connection with the | ||||||
21 | serious health condition of the employee or a family member | ||||||
22 | shall provide the employer with notice no later than 30 days | ||||||
23 | prior to the commencement of the leave except where emergent | ||||||
24 | circumstances warrant shorter notice. | ||||||
25 | For purposes of this subsection, the total time within | ||||||
26 | which an intermittent leave is taken may not exceed a 12-month |
| |||||||
| |||||||
1 | period if the leave is taken in connection with a single | ||||||
2 | serious health condition. Intermittent leaves taken in | ||||||
3 | connection with more than one serious health condition must be | ||||||
4 | taken within a consecutive 24-month period or until the | ||||||
5 | employee's 12-week family leave entitlement is exhausted, | ||||||
6 | whichever is shorter. Any remaining family leave to which the | ||||||
7 | employee is entitled subsequent to the expiration of any or all | ||||||
8 | intermittent leaves may be taken in a manner consistent with | ||||||
9 | this Act.
| ||||||
10 | For purposes of this subsection, an employee taking a | ||||||
11 | family leave on a reduced leave schedule shall not be entitled | ||||||
12 | to the leave for more than a consecutive 24-week period. An | ||||||
13 | eligible employee shall be entitled to only one leave on a | ||||||
14 | reduced leave schedule during any consecutive 24-month period. | ||||||
15 | Any remaining family leave to which the employee is entitled | ||||||
16 | subsequent to the expiration of a leave taken on a reduced | ||||||
17 | leave schedule may be taken on a consecutive or intermittent | ||||||
18 | basis. | ||||||
19 | If an employee needs intermittent leave or leave on a | ||||||
20 | reduced leave schedule that is foreseeable based on care of, or | ||||||
21 | planned medical treatment for, a family member or if an | ||||||
22 | employer agrees to permit an employee intermittent or reduced | ||||||
23 | schedule leave for the birth of a child or placement of a child | ||||||
24 | for adoption, the employer may require the employee during the | ||||||
25 | period of leave to temporarily transfer to an available | ||||||
26 | alternative position for which the employee is qualified and |
| |||||||
| |||||||
1 | which better accommodates recurring periods of leave than does | ||||||
2 | the employee's regular position. The alternative position must | ||||||
3 | have equivalent pay and benefits to the employee's regular | ||||||
4 | position. An employer may not transfer an employee to an | ||||||
5 | alternative position in order to discourage the employee from | ||||||
6 | taking leave or otherwise work a hardship on the employee. When | ||||||
7 | an employee who is taking leave intermittently or on a reduced | ||||||
8 | leave schedule and has been transferred to an alternative | ||||||
9 | position is able to return to full-time work, he or she must be | ||||||
10 | placed in the same or equivalent job as the one he or she left | ||||||
11 | when the leave commenced. | ||||||
12 | (e) An employee's entitlement to return to work prior to | ||||||
13 | the prearranged expiration of a requested family leave shall be | ||||||
14 | governed by the employer's policy with respect to other leaves | ||||||
15 | of absence. | ||||||
16 | If an employer permits an employee to return to work prior | ||||||
17 | to the prearranged expiration of other leaves, then that policy | ||||||
18 | shall similarly govern an employee's entitlement to return to | ||||||
19 | work prior to the prearranged expiration of the requested | ||||||
20 | family leave. | ||||||
21 | If an employer does not permit an employee to return to | ||||||
22 | work prior to the prearranged expiration of other leaves, then | ||||||
23 | the employee is not entitled to return to work prior to the | ||||||
24 | prearranged expiration of family leave. | ||||||
25 | An employer that does not have a policy of either | ||||||
26 | permitting or denying an employee to return to work prior to |
| |||||||
| |||||||
1 | the prearranged expiration of any other leave of absence shall | ||||||
2 | permit an employee to return to work prior to the prearranged | ||||||
3 | expiration of requested family leave if the early return of the | ||||||
4 | employee will not cause the employer undue hardship, such as | ||||||
5 | requiring the employer to incur the expense of continuing the | ||||||
6 | employment of a temporary employee who was hired to replace the | ||||||
7 | employee who is taking family leave.
| ||||||
8 | (f) An employer shall not require an employee to take a | ||||||
9 | leave of absence beyond the period of time that an employee | ||||||
10 | requests family leave. | ||||||
11 | (g) In determining the 24-month period in which the 12 | ||||||
12 | weeks of leave shall be granted under this Act, an employer may | ||||||
13 | choose from any of the following methods:
| ||||||
14 | (1) the calendar year; | ||||||
15 | (2) any fixed "leave year", such as a fiscal year or a | ||||||
16 | year starting on an employee's anniversary date; | ||||||
17 | (3) the 24-month period measured forward from the date | ||||||
18 | any employee's first leave under this Act begins; or | ||||||
19 | (4) a "rolling" 24-month period measured backward from | ||||||
20 | the date an employee uses any leave under this Act.
| ||||||
21 | (h) An employer may choose any method of determining the | ||||||
22 | 24-month period listed in subsection (g), provided that | ||||||
23 | employees are notified of the alternative chosen and the | ||||||
24 | alternative chosen is applied consistently and uniformly to all | ||||||
25 | employees. An employer wishing to change to another alternative | ||||||
26 | is required to give at least 60 days' notice to all employees, |
| |||||||
| |||||||
1 | and the transition must take place in such a way that the | ||||||
2 | employees retain the full benefit of 12 weeks of leave under | ||||||
3 | whichever method affords the greatest benefit to the employee. | ||||||
4 | Under no circumstances may a new method be implemented in order | ||||||
5 | to avoid this Act's leave requirements. If an employer fails to | ||||||
6 | select one of the options listed in subsection (g) for | ||||||
7 | measuring the 24-month period, the option that provides the | ||||||
8 | most beneficial outcome for the employee shall be used. | ||||||
9 | (i) Any period of family leave for the serious health | ||||||
10 | condition of a family member of the eligible employee shall be | ||||||
11 | supported by certification provided by a health care provider. | ||||||
12 | The certification shall be sufficient if it states:
| ||||||
13 | (1) the date, if known, on which the serious health | ||||||
14 | condition commenced; | ||||||
15 | (2) the probable duration of the condition; | ||||||
16 | (3) the medical facts within the knowledge of the | ||||||
17 | provider of the certification regarding the condition; | ||||||
18 | (4) a statement that the serious health condition | ||||||
19 | warrants the participation of the covered employee in | ||||||
20 | providing health care, as provided in this Act and rules | ||||||
21 | adopted pursuant to this Act;
| ||||||
22 | (5) an estimate of the amount of time of the eligible | ||||||
23 | employee that is needed for participation in the care of | ||||||
24 | the family member; | ||||||
25 | (6) if the leave is intermittent, a statement of the | ||||||
26 | medical necessity for the intermittent leave and the |
| |||||||
| |||||||
1 | expected duration of the intermittent leave; and | ||||||
2 | (7) if the leave is intermittent and for planned | ||||||
3 | medical treatment, the dates of the treatment. | ||||||
4 | Section 40. Recovery of erroneous payments. | ||||||
5 | (a) If an employee receives any family leave benefits under | ||||||
6 | Section 35 which the employee is not entitled: | ||||||
7 | (1) the employee is liable to the Department for the | ||||||
8 | amount of benefits
received; and | ||||||
9 | (2) the amount of benefits received may be deducted by | ||||||
10 | the Department from any future
benefits otherwise payable | ||||||
11 | to the employee under Section 35. | ||||||
12 | (b) If the Department decides that an employee has been | ||||||
13 | paid family leave benefits to which the employee
is not | ||||||
14 | entitled because of an error, and that the employee is not | ||||||
15 | subject to disqualification
under Section 25, the amounts | ||||||
16 | received in error may be recovered by the
Department only by | ||||||
17 | deductions from benefits otherwise payable to the employee | ||||||
18 | under Section 35 during the 52 weeks following the date on | ||||||
19 | which the order establishing the
amount of the erroneous | ||||||
20 | payment becomes final. If amounts determined to be recoverable
| ||||||
21 | have not been paid within that time, the liability shall be | ||||||
22 | canceled by the Department and charged
against the State | ||||||
23 | Benefits Fund. | ||||||
24 | (c) Except as provided in subsection (d), if benefits | ||||||
25 | determined to be recoverable
under this Section have not been |
| |||||||
| |||||||
1 | paid within 3 years after the date that the
order of the | ||||||
2 | Department establishing the liability of the employee becomes | ||||||
3 | final, and no payments have been received on the liability for | ||||||
4 | at least 3 months, the liability shall be canceled
by the | ||||||
5 | Department and charged against the State benefits Fund. | ||||||
6 | (d) Any amount due under this Section may be collected by | ||||||
7 | the Department in a civil action
against the employee brought | ||||||
8 | in the name of the Department. | ||||||
9 | (e) Interest on any benefits recoverable under this Section | ||||||
10 | shall be paid and collected at
the same time repayment of | ||||||
11 | benefits is made by the employee. Interest on an amount | ||||||
12 | recoverable
under this Section accrues at the rate specified in | ||||||
13 | Section 2-1303 of the Code of Civil Procedure, beginning on the
| ||||||
14 | first day of the month following 60 days after entry of the | ||||||
15 | order establishing the amount
recoverable. | ||||||
16 | (f) Any amount collected under this Section by the | ||||||
17 | Department shall be paid into the State Benefits Fund. | ||||||
18 | Section 45. Hearings. A person aggrieved by a decision of | ||||||
19 | the Department under this Act may request a hearing. The | ||||||
20 | Department shall adopt rules governing hearings and the | ||||||
21 | issuance of final orders under this Act in accordance with the | ||||||
22 | provisions of the Illinois Administrative Procedure Act. All | ||||||
23 | final administrative decisions of the Department under this Act | ||||||
24 | are subject to judicial review under the Administrative Review | ||||||
25 | Law. |
| |||||||
| |||||||
1 | Section 50. Prohibited acts. No employer, temporary | ||||||
2 | employment
agency, employment agency, employee organization, | ||||||
3 | or other person shall discharge,
expel, or otherwise | ||||||
4 | discriminate against a person because the person has filed or | ||||||
5 | communicated
to the employer an intent to file a claim, a | ||||||
6 | complaint, or an appeal or has testified or
is about to testify | ||||||
7 | or has assisted in any proceeding, under this Act, at any time. | ||||||
8 | Section 55. Penalties.
| ||||||
9 | (a) A person who makes a false statement or representation, | ||||||
10 | knowing it to be false, or knowingly fails to disclose a | ||||||
11 | material fact to obtain or increase any family leave benefit | ||||||
12 | during a period of family leave, either for himself or herself | ||||||
13 | or for any other person, shall be liable for a civil penalty of | ||||||
14 | $250 to be paid to the Department. Each such false statement or | ||||||
15 | representation or failure to disclose a material fact shall | ||||||
16 | constitute a separate offense. Upon refusal to pay such civil | ||||||
17 | penalty, the civil penalty shall be recovered in a civil action | ||||||
18 | by the Attorney General on behalf the Department in the name of | ||||||
19 | the State of Illinois. If, in any case in which liability for | ||||||
20 | the payment of a civil penalty has been determined, any person | ||||||
21 | who has received any benefits under this Act by reason of the | ||||||
22 | making of such false statements or representations or failure | ||||||
23 | to disclose a material fact shall not be entitled to any | ||||||
24 | benefits under this Act for any leave occurring prior to the |
| |||||||
| |||||||
1 | time he or she has discharged his or her liability to pay the | ||||||
2 | civil penalty.
| ||||||
3 | (b) A person who willfully violates any provision of this | ||||||
4 | Act or any rule adopted under this Act for which a civil | ||||||
5 | penalty is neither prescribed in this Act nor provided by any | ||||||
6 | other applicable law shall be subject to a civil penalty of | ||||||
7 | $500 to be paid to the Department. Upon the refusal to pay such | ||||||
8 | civil penalty, the civil penalty shall be recovered in a civil | ||||||
9 | action by the Attorney General on behalf of the Department in | ||||||
10 | the name of the State of Illinois. | ||||||
11 | (c) A person, employing unit, employer, or entity violating | ||||||
12 | any provision of this Section with intent to defraud the | ||||||
13 | Department is guilty of a Class C misdemeanor. The fine upon | ||||||
14 | conviction shall be payable to the Fund. Any penalties imposed | ||||||
15 | by this subsection shall be in addition to those otherwise | ||||||
16 | prescribed in this Section. | ||||||
17 | Section 60. Recovery of overpayment of family leave | ||||||
18 | benefits. Overpayment of benefits under this Act may be | ||||||
19 | recovered in the manner provided under Sections 900, 901, and | ||||||
20 | 900.1 of the Unemployment Insurance Act. | ||||||
21 | Section 70. Leave and employment protection. | ||||||
22 | (a) During a period in which an employee receives family | ||||||
23 | leave benefits or earns waiting period credits under this Act, | ||||||
24 | the employee is entitled to family leave and, at the |
| |||||||
| |||||||
1 | established ending date of leave, to be restored to a position | ||||||
2 | of employment with the employer from whom leave was taken as | ||||||
3 | provided under subsection (b). | ||||||
4 | (b) Except as provided in subsection (f), an employee who | ||||||
5 | receives family leave benefits under this Act for the intended | ||||||
6 | purpose of the family leave is entitled, on return from the | ||||||
7 | leave: | ||||||
8 | (1) to be restored by the employer to the position of | ||||||
9 | employment held by the employee when the family leave | ||||||
10 | commenced; or | ||||||
11 | (2)
to be restored to an equivalent position with | ||||||
12 | equivalent employment benefits, pay, and other terms and | ||||||
13 | conditions of employment at a workplace within 20 miles of | ||||||
14 | the employee's workplace when the family leave commenced. | ||||||
15 | (c) The taking of family leave under this Act may not | ||||||
16 | result in the loss of any employment benefits accrued before | ||||||
17 | the date on which the family leave commenced. | ||||||
18 | (d) Nothing in this Section entitles a restored employee | ||||||
19 | to:
| ||||||
20 | (1) the accrual of any seniority or employment benefits | ||||||
21 | during any period of family leave; or | ||||||
22 | (2) any right, benefit, or position of employment other | ||||||
23 | than any right, benefit, or position to which the employee | ||||||
24 | would have been entitled to had the employee not taken the | ||||||
25 | family leave. | ||||||
26 | (e) Nothing in this Section prohibits an employer from |
| |||||||
| |||||||
1 | requiring an employee on family leave to report periodically to | ||||||
2 | the employer on the status and intention of the employee to | ||||||
3 | return to work. | ||||||
4 | (f) An employer may deny restoration under subsection (b) | ||||||
5 | to a salaried employee who is among the highest paid 10% of the | ||||||
6 | employees employed by the employer within 75 miles of the | ||||||
7 | facility at which the employee is employed if: | ||||||
8 | (1) denial is necessary to prevent substantial and | ||||||
9 | grievous economic injury to the operations of the employer; | ||||||
10 | (2) the employer notifies the employee of the intent of | ||||||
11 | the employer to deny restoration on such basis at the time | ||||||
12 | the employer determines that the injury would occur; and
| ||||||
13 | (3) the family leave has commenced and the employee | ||||||
14 | elects not to return to employment after receiving the | ||||||
15 | notice. | ||||||
16 | (g) This Section applies to an employee only if: | ||||||
17 | (1) the employer from whom the employee takes family | ||||||
18 | leave employs more than 50 employees; and | ||||||
19 | (2) the employee has been employed for at least 12 | ||||||
20 | months by that employer, and for at least 1,250 hours of | ||||||
21 | service with that employer during the previous 12-month | ||||||
22 | period.
| ||||||
23 | Section 75. Notice to employer. | ||||||
24 | (a) If the necessity for family leave for the birth or | ||||||
25 | placement of a child is foreseeable based on an expected birth |
| |||||||
| |||||||
1 | or placement, the employee shall provide the employer with not | ||||||
2 | less than 30 days' notice, before the date the leave is to | ||||||
3 | begin, of the employee's intention to take leave for the birth | ||||||
4 | or placement of a child, except that if the date of the birth | ||||||
5 | or placement requires leave to begin in less than 30 days, the | ||||||
6 | employee shall provide such notice as is practicable.
| ||||||
7 | (b) If the necessity for family leave for a family member's | ||||||
8 | serious health condition is foreseeable based on planned | ||||||
9 | medical treatment, the employee: | ||||||
10 | (1) must make a reasonable effort to schedule the | ||||||
11 | treatment so as not to disrupt unduly the operations of the | ||||||
12 | employer; and | ||||||
13 | (2) must provide the employer with not less than 30 | ||||||
14 | days' notice, before the date the leave is to begin, of the | ||||||
15 | employee's intention to take leave for a family member's | ||||||
16 | serious health condition, except that if the date of the | ||||||
17 | treatment requires leave to begin in less than 30 days, the | ||||||
18 | employee must provide such notice as is practicable. | ||||||
19 | Section 80. Employment by same employer. If spouses who are | ||||||
20 | entitled to leave under this Act are employed by the same | ||||||
21 | employer, the employer may require that spouses not take such | ||||||
22 | leave concurrently. | ||||||
23 | Section 85. Coordination of leave. | ||||||
24 | (a) Family leave taken under this Act must be taken |
| |||||||
| |||||||
1 | concurrently with any leave taken under the federal Family and | ||||||
2 | Medical Leave Act of 1993. | ||||||
3 | (b) An employer may require that family leave taken under | ||||||
4 | this Act be taken concurrently or otherwise coordinated with | ||||||
5 | leave allowed under the terms of a collective bargaining | ||||||
6 | agreement or employer policy, as applicable, for the birth or | ||||||
7 | placement of a child. The employer must give his or her | ||||||
8 | employees written notice of this requirement. | ||||||
9 | Section 90. Rules. The Department may adopt any rules | ||||||
10 | necessary to implement the provisions of this Act. In adopting | ||||||
11 | rules, the Department shall maintain consistency with the | ||||||
12 | regulations adopted to implement the federal Family and Medical | ||||||
13 | Leave Act of 1993 to the extent such rules are not in conflict | ||||||
14 | with this Act.
| ||||||
15 | Section 100. Authority to contract. The Department may | ||||||
16 | contract or enter into interagency agreements with other State | ||||||
17 | agencies for the initial administration of the Family Leave | ||||||
18 | Program. | ||||||
19 | Section 175. Severability. The provisions of this Act are | ||||||
20 | severable under Section 1.31 of the Statute on Statutes. | ||||||
21 | Section 900. The State Finance Act is amended by adding | ||||||
22 | Section 5.875 as follows: |
| |||||||
| |||||||
1 | (30 ILCS 105/5.875 new) | ||||||
2 | Sec. 5.875. The State Benefits Fund. | ||||||
3 | Section 999. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
|