Rep. Mary E. Flowers
Filed: 4/19/2016
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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. | ||||||
19 | Section 10. Definitions. In this Act: | ||||||
20 | (1)(A) "Average weekly wage" means the amount derived by | ||||||
21 | dividing a covered employee's total wages earned from the | ||||||
22 | employee's most recent covered employer during the base weeks | ||||||
23 | in the 8 calendar weeks immediately preceding the calendar week | ||||||
24 | in which a period of family leave commenced by the number of | ||||||
25 | such base weeks. |
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1 | (B) If the computation in paragraph (A) yields a result | ||||||
2 | that is less than the employee's average weekly earnings in | ||||||
3 | employment with all covered employers during the base weeks in | ||||||
4 | such 8 calendar weeks, then the average weekly wage shall be | ||||||
5 | computed on the basis of earnings from all covered employers | ||||||
6 | during the base weeks in the 8 calendar weeks immediately | ||||||
7 | preceding the week in which the period of family leave | ||||||
8 | commenced. | ||||||
9 | (C) For periods of family leave, if the computations in | ||||||
10 | paragraphs (A) and (B) both yield a result which is less than | ||||||
11 | the employee's average weekly earnings in employment with all | ||||||
12 | covered employers during the base weeks in the 26 calendar | ||||||
13 | weeks immediately preceding the week in which the period of | ||||||
14 | family leave commenced, then the average weekly wage shall, | ||||||
15 | upon a written request to the Department by the employee on a | ||||||
16 | form provided by the Department, be computed by the Department | ||||||
17 | on the basis of earnings from all covered employers of the | ||||||
18 | employee during the base weeks in those 26 calendar weeks. | ||||||
19 | (2) "Base hours" means the hours of work for which an | ||||||
20 | employee receives compensation. "Base hours" includes overtime | ||||||
21 | hours for which the employee is paid additional or overtime | ||||||
22 | compensation and hours for which the employee receives workers' | ||||||
23 | compensation benefits. "Base hours" also includes hours an | ||||||
24 | employee would have worked except for having been in military | ||||||
25 | service. At the option of the employer, "base hours" may | ||||||
26 | include hours for which the employee receives other types of |
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1 | compensation, such as administrative, personal leave, vacation | ||||||
2 | or sick leave. | ||||||
3 | (3) "Base salary" means the salary paid to an employee, | ||||||
4 | excluding overtime and bonuses, but not excluding salary | ||||||
5 | withheld for State, federal, and local taxes, FICA, and | ||||||
6 | employee contributions to any pension or health or other | ||||||
7 | insurance plans or programs.
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8 | (4) "Care" includes, but is not limited to, physical care, | ||||||
9 | emotional support, visitation, arranging for a change in care, | ||||||
10 | assistance with essential daily living matters, and personal | ||||||
11 | attendant services. | ||||||
12 | (5) "Child" means a biological, adopted, or foster child, | ||||||
13 | stepchild, or legal ward of an eligible employee, child of a | ||||||
14 | domestic partner of the eligible employee, or child of a civil | ||||||
15 | union partner of the eligible employee, who is less than 19 | ||||||
16 | years of age or is 19 years of age or older, but incapable of | ||||||
17 | self-care because of a mental or physical impairment. | ||||||
18 | (6) "Civil union" means a civil union as defined in the | ||||||
19 | Illinois Religious Freedom Protection and Civil Union Act.
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20 | (7) "Consecutive leave" means leave that is taken without | ||||||
21 | interruption based upon an employee's regular work schedule and | ||||||
22 | does not include breaks in employment in which an employee is | ||||||
23 | not regularly scheduled to work. For example, when an employee | ||||||
24 | is normally scheduled to work from September through June and | ||||||
25 | is not scheduled to work during July and August, a leave taken | ||||||
26 | continuously during May, June, and September shall be |
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1 | considered a consecutive leave. | ||||||
2 | (8) "Department" means the Department of Employment | ||||||
3 | Security.
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4 | (9) "Director" means the Director of Employment Security | ||||||
5 | and any transaction or exercise of authority by the Director | ||||||
6 | shall be deemed to be performed by the Department.
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7 | (10) "Eligible employee" means an employee employed by the | ||||||
8 | same employer, as defined in paragraph (11), in the State of | ||||||
9 | Illinois for 12 months or more who has worked 1,000 or more | ||||||
10 | base hours during the preceding 12-month period. An employee is | ||||||
11 | considered to be employed in the State of Illinois if: | ||||||
12 | (A) the employee works in Illinois; or | ||||||
13 | (B) the employee routinely performs some work in | ||||||
14 | Illinois and the employee's base of operations or the place | ||||||
15 | from which the work is directed and controlled is in | ||||||
16 | Illinois. | ||||||
17 | (11) "Employer" means any partnership, association, trust, | ||||||
18 | estate, joint-stock company, insurance company, or | ||||||
19 | corporation, whether domestic or foreign, or the receiver, | ||||||
20 | trustee in bankruptcy, trustee, or person that has in its | ||||||
21 | employ one or more employees performing services for it within | ||||||
22 | this State. "Employer" also includes any employer subject to | ||||||
23 | the Unemployment Insurance Act, except the State, its political | ||||||
24 | subdivisions, and any instrumentality of the State. All | ||||||
25 | employees performing services within this State for any | ||||||
26 | employing unit that maintains 2 or more separate establishments |
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1 | within this State shall be deemed to be employed by a single | ||||||
2 | employing unit for all purposes of this Act. | ||||||
3 | (12) "Family member" means a child, spouse, party to a | ||||||
4 | civil union, or parent of an eligible employee. | ||||||
5 | (13) "Family leave" means leave taken by an eligible | ||||||
6 | employee from work with an employer: (A) to participate in the | ||||||
7 | providing of care, including physical or psychological care, | ||||||
8 | for the employee or a family member of the eligible employee | ||||||
9 | made necessary by a serious health condition of the family | ||||||
10 | member; (B) to be with a child during the first 12 months after | ||||||
11 | the child's birth, if the employee, or the party to a civil | ||||||
12 | union with the employee, is a biological parent of the child, | ||||||
13 | or the first 12 months after the placement of the child for | ||||||
14 | adoption or foster care with the employee; (C) for the | ||||||
15 | employee's own serious condition; or (D) because of any | ||||||
16 | qualifying exigency as interpreted under the Family and Medical | ||||||
17 | Leave Act of 1993 (29 U.S.C. 2612(a)(1)(E) and 29 CFR 825.126) | ||||||
18 | arising out of the fact that the spouse, domestic partner, | ||||||
19 | child, or parent of the employee is on active duty (or has been | ||||||
20 | notified of an impending call or order to active duty) in the | ||||||
21 | armed forces as of the United States. "Family leave" does not | ||||||
22 | include any period of time during which an eligible employee is | ||||||
23 | paid benefits pursuant to the Workers' Compensation Act or the | ||||||
24 | Unemployment Insurance Act because the employee is unable to | ||||||
25 | perform the duties of the employee's employment due to the | ||||||
26 | employee's own disability. |
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1 | (14) "Family leave benefits" means any payments that are | ||||||
2 | payable to an eligible employee for all or part of a period of | ||||||
3 | family leave. | ||||||
4 | (15) "Health care provider" means any person licensed under | ||||||
5 | federal, State, or local law or the laws of a foreign nation to | ||||||
6 | provide health care services or any other person who has been | ||||||
7 | authorized to provide health care by a licensed health care | ||||||
8 | provider.
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9 | (16) "Intermittent leave" means a non-consecutive leave | ||||||
10 | consisting of intervals, each of which is at least one, but | ||||||
11 | less than 12, weeks within a consecutive 12-month period. | ||||||
12 | (17) "Parent of an eligible employee" means a biological | ||||||
13 | parent, foster parent, adoptive parent, or stepparent of the | ||||||
14 | eligible employee or a person who was a legal guardian of the | ||||||
15 | eligible employee when the eligible employee was a child. | ||||||
16 | (18) "Placement for adoption" means the time when an | ||||||
17 | eligible employee adopts a child or becomes responsible for a | ||||||
18 | child pending adoption by the eligible employee. | ||||||
19 | (19) "Serious health condition" means an illness, injury, | ||||||
20 | impairment, or physical or mental condition that requires | ||||||
21 | inpatient care in a hospital, hospice, or residential medical | ||||||
22 | care facility or continuing medical treatment or continuing | ||||||
23 | supervision by a health care provider. | ||||||
24 | (20) "12-month period" means, with respect to an employee | ||||||
25 | who establishes a valid claim for family leave benefits during | ||||||
26 | a period of family leave, the 365 consecutive days that begin |
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1 | with the first day that the employee first establishes the | ||||||
2 | claim. | ||||||
3 | (21) "Wages" means all compensation payable by employers to | ||||||
4 | eligible employees for personal services including | ||||||
5 | commissions, bonuses, and the cash value of all compensation | ||||||
6 | payable in any medium other than cash. | ||||||
7 | Section 15. Family leave program. | ||||||
8 | (a) Subject to appropriation, the Department shall | ||||||
9 | establish and administer a family leave program. | ||||||
10 | (b) The Department shall establish procedures and forms for | ||||||
11 | filing
claims for benefits under this Act. | ||||||
12 | (c) The Department shall use information sharing and | ||||||
13 | integration
technology to facilitate the disclosure of | ||||||
14 | relevant information or records by the Department of Employment | ||||||
15 | Security, so long as an individual
consents to the disclosure | ||||||
16 | as required under Section 20 of this Act.
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17 | (d) Information contained in the files and records | ||||||
18 | pertaining to an
employee under this Act is confidential and | ||||||
19 | not open to public
inspection, other than to public employees | ||||||
20 | in the performance of their
official duties. However, the | ||||||
21 | employee or an authorized
representative of an employee may | ||||||
22 | review the records or receive
specific information from the | ||||||
23 | records on the presentation of the signed
authorization of the | ||||||
24 | employee. An employer or the employer's duly
authorized | ||||||
25 | representative may review the records of an employee
employed |
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1 | by the employer in connection with a pending claim. At the
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2 | Department's discretion, other persons may review records when | ||||||
3 | such
persons are rendering assistance to the Department at any | ||||||
4 | stage of the
proceedings on any matter pertaining to the | ||||||
5 | administration of this
Act. | ||||||
6 | An employer must keep at its place of business records of | ||||||
7 | employment from which the information needed by the Department | ||||||
8 | for purposes of this Act may be obtained. The records shall at | ||||||
9 | all times be open to the inspection of the Department pursuant | ||||||
10 | to rules adopted by the Department. | ||||||
11 | (e) The Department shall develop and implement an outreach | ||||||
12 | program
to ensure that individuals who may be eligible to | ||||||
13 | receive family leave
benefits under this Act are made aware of | ||||||
14 | these benefits.
Outreach information shall explain, in an easy | ||||||
15 | to understand format,
eligibility requirements, the claims | ||||||
16 | process, weekly benefit amounts,
maximum benefits payable, | ||||||
17 | notice requirements, reinstatement and
nondiscrimination | ||||||
18 | rights, confidentiality, and coordination of leave
under this | ||||||
19 | Act and other laws, collective bargaining agreements,
and | ||||||
20 | employer policies. Outreach information shall be available in
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21 | English and in languages other than English
that
are spoken as | ||||||
22 | a primary language by a significant portion of the State's
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23 | population, as determined by the Department. | ||||||
24 | Section 20. Eligibility for benefits. | ||||||
25 | (a) Family leave benefits are payable under the family |
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1 | leave program to an employee during a period in which the | ||||||
2 | employee is on unpaid family
leave if the employee does all of | ||||||
3 | the following: | ||||||
4 | (1) Takes family leave as defined in Section 10. | ||||||
5 | (2) Files a claim for family leave benefits as required | ||||||
6 | by rules adopted by the Department. | ||||||
7 | (3) Establishes that the employee has been employed for | ||||||
8 | at least 1,000 hours in employment during the employee's | ||||||
9 | qualifying year. | ||||||
10 | (4) Establishes an application year. An application | ||||||
11 | year may not be established if the qualifying year includes | ||||||
12 | hours worked before establishment of a previous | ||||||
13 | application year. | ||||||
14 | (5) Consents to the disclosure of information or | ||||||
15 | records deemed private and confidential by State and | ||||||
16 | federal laws. Further disclosure of this information or | ||||||
17 | these records is subject to subsection (c) of Section 15 of | ||||||
18 | this Act. | ||||||
19 | (6) Discloses whether or not he or she owes child | ||||||
20 | support obligations as defined in subsection (B) of Section | ||||||
21 | 1300 of the Unemployment Insurance Act. | ||||||
22 | (7) Documents that he or she has provided the employer | ||||||
23 | from whom family leave is to be taken with written notice | ||||||
24 | of the employee's intention to take family leave as | ||||||
25 | provided in Section 75. | ||||||
26 | (b) The Department may require that a claim for family |
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1 | leave benefits under this Section be supported by
a | ||||||
2 | certification issued by a health care provider who is providing | ||||||
3 | care to the employee's family
member if applicable. | ||||||
4 | (c) An employee is not eligible for family leave benefits | ||||||
5 | under this Section for any week for which the
employee receives | ||||||
6 | paid family leave. If an employer provides paid family leave, | ||||||
7 | the employee may elect whether first to use the paid family | ||||||
8 | leave or to receive family leave benefits under this Section.
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9 | An employee may not be required to use paid family leave to | ||||||
10 | which the employee is entitled
before receiving family leave | ||||||
11 | benefits under this Section. | ||||||
12 | (d) This Section does not limit an employee's right to take | ||||||
13 | leave from employment
under other laws or employer policy. | ||||||
14 | (e) The eligibility of an employee for benefits is not | ||||||
15 | affected by a strike or lockout at the
factory, establishment, | ||||||
16 | or other premises at which the employee is or was last | ||||||
17 | employed. | ||||||
18 | (f) An employee who has received benefits under this | ||||||
19 | Section may not lose any other
employment benefits, including | ||||||
20 | seniority or pension rights, accrued before the date that
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21 | family leave commenced. However, this Section does not entitle | ||||||
22 | an employee to accrue employment
benefits during a period of | ||||||
23 | family leave or to a right, benefit, or position of employment
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24 | other than a right, benefit, or position to which the employee | ||||||
25 | would have been
entitled had the employee not taken family | ||||||
26 | leave. |
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1 | (g) This Section does not diminish an employer's obligation | ||||||
2 | to comply with a collective
bargaining agreement or an | ||||||
3 | employment benefits program or plan that provides greater
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4 | benefits to employees than the benefits provided under this | ||||||
5 | Section. | ||||||
6 | (h) An agreement by an employee to waive the employee's | ||||||
7 | rights under this Section is
void as contrary to public policy. | ||||||
8 | The benefits under this Section may not be diminished by
a | ||||||
9 | collective bargaining agreement or another employment benefits | ||||||
10 | program or plan entered
into or renewed after the effective | ||||||
11 | date of this Act. | ||||||
12 | (i) This Section does not create a continuing entitlement | ||||||
13 | or contractual right. | ||||||
14 | Section 25. Disqualification from benefits. | ||||||
15 | (a) An employee is disqualified from family leave benefits | ||||||
16 | under this Act if the
employee: | ||||||
17 | (1) willfully makes a false statement or | ||||||
18 | misrepresentation regarding a material fact, or
willfully | ||||||
19 | fails to disclose a material fact, to obtain benefits; | ||||||
20 | (2) seeks benefits based on an intentionally | ||||||
21 | self-inflicted serious health condition; or
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22 | (3) seeks benefits based on a serious health condition | ||||||
23 | that resulted from the employee's
commission of a felony. | ||||||
24 | (b) A disqualification for family leave benefits is for a | ||||||
25 | period of 2 years, and
commences on the first day of the |
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1 | calendar week in which the employee filed a claim for
benefits | ||||||
2 | under this Act. An employee who is disqualified for benefits is | ||||||
3 | liable to the Department for a penalty in an amount equal to | ||||||
4 | 15% of the amount
of benefits received by the employee. | ||||||
5 | Section 30. State Benefits Fund. | ||||||
6 | (a) The State Benefits Fund is created as a special fund in | ||||||
7 | the State treasury. Subject to appropriation, moneys in the | ||||||
8 | Fund may be used for the payment of family leave benefits and | ||||||
9 | for the administration of this Act. All interest and other | ||||||
10 | earnings that accrue from investment of moneys in the Fund | ||||||
11 | shall be credited to the Fund. | ||||||
12 | (b) There is imposed a tax upon employees in the amount of | ||||||
13 | 0.3% of wages as defined in Section 235 of the Unemployment | ||||||
14 | Insurance Act. The Department shall by rule provide for the | ||||||
15 | collection of this tax. | ||||||
16 | The amount of the tax imposed under this Section, less | ||||||
17 | refunds authorized by this Act, and all assessments and | ||||||
18 | penalties collected under this Act shall be deposited into and | ||||||
19 | credited to the Fund. | ||||||
20 | (c) A separate account, to be known as the Administration | ||||||
21 | Account, shall be maintained in the Fund. An amount determined | ||||||
22 | by the Treasurer sufficient for proper administration, not to | ||||||
23 | exceed, however, 0.1% of wages as defined in this Section, | ||||||
24 | shall be credited to the Administration Account. The expenses | ||||||
25 | of the Treasurer in administering the Fund and its accounts |
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1 | shall be charged against the Administration Account. The costs | ||||||
2 | of administration of this Act shall be charged to the | ||||||
3 | Administration Account. | ||||||
4 | (d) A separate account, to be known as the Family Leave | ||||||
5 | Benefits Account, shall be maintained in the Fund. The account | ||||||
6 | shall be charged with all benefit payments. Prior to July 1 of | ||||||
7 | each calendar year, the Department shall determine the average | ||||||
8 | rate of interest and other earnings on all investments of the | ||||||
9 | Fund for the preceding calendar year. If there is an | ||||||
10 | accumulated deficit in the Family Leave Benefits Account in | ||||||
11 | excess of $200,000 at the end of any calendar year after | ||||||
12 | interest and other earnings have been credited as provided in | ||||||
13 | this Section, the Director shall determine the ratio of the | ||||||
14 | deficit to the total of all taxable wages paid during the | ||||||
15 | preceding calendar year and shall make an assessment against | ||||||
16 | all employers in an amount equal to the taxable wages paid by | ||||||
17 | them during the preceding calendar year to employees, | ||||||
18 | multiplied by the ratio, but in no event shall any such | ||||||
19 | assessment exceed 0.1% of such wages. The amounts shall be | ||||||
20 | collectible by the Department in the same manner as provided | ||||||
21 | for the collection of employer contributions under the | ||||||
22 | Unemployment Insurance Act. In making this assessment, the | ||||||
23 | Department shall furnish to each affected employer a brief | ||||||
24 | summary of the determination of the assessment. The amount of | ||||||
25 | such assessments collected by the Department shall be credited | ||||||
26 | to the Family Leave Benefits Account.
As used in this Section, |
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1 | "wages" means wages as provided in Section 235 of the | ||||||
2 | Unemployment Insurance Act. | ||||||
3 | (e) A board of trustees, consisting of the State Treasurer, | ||||||
4 | the Secretary of State, the Director of Labor, the Director of | ||||||
5 | Employment Security, and the State Comptroller, is hereby | ||||||
6 | created. The board shall invest and reinvest all moneys in the | ||||||
7 | Fund in excess of its cash requirements in obligations legal | ||||||
8 | for savings banks. | ||||||
9 | Section 35. Compensation for family leave. | ||||||
10 | (a) An individual's weekly benefit rate shall be two-thirds | ||||||
11 | of his or her average weekly wage, subject to a maximum of 53% | ||||||
12 | of the Statewide average weekly wage paid to workers by | ||||||
13 | employers, as determined pursuant to Section 401 of the | ||||||
14 | Unemployment Insurance Act, provided, however, that the | ||||||
15 | individual's benefit rate shall be computed to the next lower | ||||||
16 | multiple of $1 if not already a multiple thereof. The amount of | ||||||
17 | benefits for each day of family leave for which benefits are | ||||||
18 | payable shall be one-seventh of the corresponding weekly | ||||||
19 | benefit amount; provided that the total benefits for a | ||||||
20 | fractional part of a week shall be computed to the next lower | ||||||
21 | multiple of $1 if not already a multiple thereof. | ||||||
22 | (b) With respect to any period of family leave and while an | ||||||
23 | individual is an eligible employee, family benefits not in | ||||||
24 | excess of the individual's maximum benefits shall be payable | ||||||
25 | with respect to the first day of leave taken after the first |
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1 | one-week period following the commencement of the period of | ||||||
2 | family leave and each subsequent day of family leave during | ||||||
3 | that period of family leave; and if benefits become payable on | ||||||
4 | any day after the first 3 weeks in which leave is taken, then | ||||||
5 | benefits shall also be payable with respect to any leave taken | ||||||
6 | during the first one-week period in which leave is taken. The | ||||||
7 | maximum total benefits payable to any eligible individual | ||||||
8 | commencing on or after the effective date of this Act shall be | ||||||
9 | 6 times the individual's weekly benefit amount or one-third of | ||||||
10 | his or her total wages in his or her base year, whichever is | ||||||
11 | the lesser; provided that the maximum amount shall be computed | ||||||
12 | in the next lower multiple of $1 if not already a multiple | ||||||
13 | thereof. | ||||||
14 | (c) All of the family leave benefits paid to an eligible | ||||||
15 | employee during a period of family leave with respect to any | ||||||
16 | one birth or adoption shall be for a single continuous period | ||||||
17 | of time, except that the employer of the eligible employee may | ||||||
18 | permit the eligible employee to receive the family leave | ||||||
19 | benefits during non-consecutive weeks in a manner mutually | ||||||
20 | agreed to by the employer and the eligible employee and | ||||||
21 | disclosed to the Department by the employer. | ||||||
22 | (d) Nothing in this Act shall be construed to prohibit the | ||||||
23 | establishment by an employer, without approval by the | ||||||
24 | Department, of a supplementary plan or plans providing for the | ||||||
25 | payment to employees, or to any class or classes of employees, | ||||||
26 | of benefits in addition to the benefits provided by this Act or |
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1 | to prohibit the collection or receipt of additional voluntary | ||||||
2 | contributions from employees toward the cost of the additional | ||||||
3 | benefits. The rights, duties, and responsibilities of all | ||||||
4 | interested parties under the supplementary plans shall be | ||||||
5 | unaffected by any provision of this Act.
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6 | Section 45. Hearings. A person aggrieved by a decision of | ||||||
7 | the Department under this Act may request a hearing. The | ||||||
8 | Department shall adopt rules governing hearings and the | ||||||
9 | issuance of final orders under this Act in accordance with the | ||||||
10 | provisions of the Illinois Administrative Procedure Act. All | ||||||
11 | final administrative decisions of the Department under this Act | ||||||
12 | are subject to judicial review under the Administrative Review | ||||||
13 | Law. | ||||||
14 | Section 50. Prohibited acts. No employer, temporary | ||||||
15 | employment
agency, employment agency, employee organization, | ||||||
16 | or other person shall discharge,
expel, or otherwise | ||||||
17 | discriminate against a person because the person has filed or | ||||||
18 | communicated
to the employer an intent to file a claim, a | ||||||
19 | complaint, or an appeal or has testified or
is about to testify | ||||||
20 | or has assisted in any proceeding, under this Act, at any time. | ||||||
21 | Section 55. Penalties.
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22 | (a) A person who makes a false statement or representation, | ||||||
23 | knowing it to be false, or knowingly fails to disclose a |
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1 | material fact to obtain or increase any family leave benefit | ||||||
2 | during a period of family leave, either for himself or herself | ||||||
3 | or for any other person, shall be liable for a civil penalty of | ||||||
4 | $250 to be paid to the Department. Each such false statement or | ||||||
5 | representation or failure to disclose a material fact shall | ||||||
6 | constitute a separate offense. Upon refusal to pay such civil | ||||||
7 | penalty, the civil penalty shall be recovered in a civil action | ||||||
8 | by the Attorney General on behalf the Department in the name of | ||||||
9 | the State of Illinois. If, in any case in which liability for | ||||||
10 | the payment of a civil penalty has been determined, any person | ||||||
11 | who has received any benefits under this Act by reason of the | ||||||
12 | making of such false statements or representations or failure | ||||||
13 | to disclose a material fact shall not be entitled to any | ||||||
14 | benefits under this Act for any leave occurring prior to the | ||||||
15 | time he or she has discharged his or her liability to pay the | ||||||
16 | civil penalty.
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17 | (b) A person who willfully violates any provision of this | ||||||
18 | Act or any rule adopted under this Act for which a civil | ||||||
19 | penalty is neither prescribed in this Act nor provided by any | ||||||
20 | other applicable law shall be subject to a civil penalty of | ||||||
21 | $500 to be paid to the Department. Upon the refusal to pay such | ||||||
22 | civil penalty, the civil penalty shall be recovered in a civil | ||||||
23 | action by the Attorney General on behalf of the Department in | ||||||
24 | the name of the State of Illinois. | ||||||
25 | (c) A person, employing unit, employer, or entity violating | ||||||
26 | any provision of this Section with intent to defraud the |
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1 | Department is guilty of a Class C misdemeanor. The fine upon | ||||||
2 | conviction shall be payable to the Fund. Any penalties imposed | ||||||
3 | by this subsection shall be in addition to those otherwise | ||||||
4 | prescribed in this Section. | ||||||
5 | Section 70. Leave and employment protection. | ||||||
6 | (a) During a period in which an employee receives family | ||||||
7 | leave benefits or earns waiting period credits under this Act, | ||||||
8 | the employee is entitled to family leave and, at the | ||||||
9 | established ending date of leave, to be restored to a position | ||||||
10 | of employment with the employer from whom leave was taken as | ||||||
11 | provided under subsection (b). | ||||||
12 | (b) Except as provided in subsection (f), an employee who | ||||||
13 | receives family leave benefits under this Act for the intended | ||||||
14 | purpose of the family leave is entitled, on return from the | ||||||
15 | leave: | ||||||
16 | (1) to be restored by the employer to the position of | ||||||
17 | employment held by the employee when the family leave | ||||||
18 | commenced; or | ||||||
19 | (2)
to be restored to an equivalent position with | ||||||
20 | equivalent employment benefits, pay, and other terms and | ||||||
21 | conditions of employment at a workplace within 20 miles of | ||||||
22 | the employee's workplace when the family leave commenced. | ||||||
23 | (c) The taking of family leave under this Act may not | ||||||
24 | result in the loss of any employment benefits accrued before | ||||||
25 | the date on which the family leave commenced. |
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1 | (d) Nothing in this Section entitles a restored employee | ||||||
2 | to:
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3 | (1) the accrual of any seniority or employment benefits | ||||||
4 | during any period of family leave; or | ||||||
5 | (2) any right, benefit, or position of employment other | ||||||
6 | than any right, benefit, or position to which the employee | ||||||
7 | would have been entitled to had the employee not taken the | ||||||
8 | family leave. | ||||||
9 | (e) Nothing in this Section prohibits an employer from | ||||||
10 | requiring an employee on family leave to report periodically to | ||||||
11 | the employer on the status and intention of the employee to | ||||||
12 | return to work. | ||||||
13 | (f) An employer may deny restoration under subsection (b) | ||||||
14 | to a salaried employee who is among the highest paid 10% of the | ||||||
15 | employees employed by the employer within 75 miles of the | ||||||
16 | facility at which the employee is employed if: | ||||||
17 | (1) denial is necessary to prevent substantial and | ||||||
18 | grievous economic injury to the operations of the employer; | ||||||
19 | (2) the employer notifies the employee of the intent of | ||||||
20 | the employer to deny restoration on such basis at the time | ||||||
21 | the employer determines that the injury would occur; and
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22 | (3) the family leave has commenced and the employee | ||||||
23 | elects not to return to employment after receiving the | ||||||
24 | notice. | ||||||
25 | (g) This Section applies to an employee only if: | ||||||
26 | (1) the employer from whom the employee takes family |
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1 | leave employs more than 50 employees; and | ||||||
2 | (2) the employee has been employed for at least 12 | ||||||
3 | months by that employer, and for at least 1,250 hours of | ||||||
4 | service with that employer during the previous 12-month | ||||||
5 | period.
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6 | Section 75. Notice to employer. | ||||||
7 | (a) If the necessity for family leave for the birth or | ||||||
8 | placement of a child is foreseeable based on an expected birth | ||||||
9 | or placement, the employee shall provide the employer with not | ||||||
10 | less than 30 days' notice, before the date the leave is to | ||||||
11 | begin, of the employee's intention to take leave for the birth | ||||||
12 | or placement of a child, except that if the date of the birth | ||||||
13 | or placement requires leave to begin in less than 30 days, the | ||||||
14 | employee shall provide such notice as is practicable.
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15 | (b) If the necessity for family leave for a family member's | ||||||
16 | serious health condition is foreseeable based on planned | ||||||
17 | medical treatment, the employee: | ||||||
18 | (1) must make a reasonable effort to schedule the | ||||||
19 | treatment so as not to disrupt unduly the operations of the | ||||||
20 | employer; and | ||||||
21 | (2) must provide the employer with not less than 30 | ||||||
22 | days' notice, before the date the leave is to begin, of the | ||||||
23 | employee's intention to take leave for a family member's | ||||||
24 | serious health condition, except that if the date of the | ||||||
25 | treatment requires leave to begin in less than 30 days, the |
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1 | employee must provide such notice as is practicable. | ||||||
2 | Section 80. Employment by same employer. If spouses who are | ||||||
3 | entitled to leave under this Act are employed by the same | ||||||
4 | employer, the employer may require that spouses not take such | ||||||
5 | leave concurrently. | ||||||
6 | Section 85. Coordination of leave. | ||||||
7 | (a) Family leave taken under this Act must be taken | ||||||
8 | concurrently with any leave taken under the federal Family and | ||||||
9 | Medical Leave Act of 1993. | ||||||
10 | (b) An employer may require that family leave taken under | ||||||
11 | this Act be taken concurrently or otherwise coordinated with | ||||||
12 | leave allowed under the terms of a collective bargaining | ||||||
13 | agreement or employer policy, as applicable, for the birth or | ||||||
14 | placement of a child. The employer must give his or her | ||||||
15 | employees written notice of this requirement. | ||||||
16 | Section 90. Rules. The Department may adopt any rules | ||||||
17 | necessary to implement the provisions of this Act. In adopting | ||||||
18 | rules, the Department shall maintain consistency with the | ||||||
19 | regulations adopted to implement the federal Family and Medical | ||||||
20 | Leave Act of 1993 to the extent such regulations are not in | ||||||
21 | conflict with this Act.
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22 | Section 100. Authority to contract. The Department may |
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1 | contract or enter into interagency agreements with other State | ||||||
2 | agencies for the initial administration of the Family Leave | ||||||
3 | Program. | ||||||
4 | Section 175. 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 5.875 as follows: | ||||||
8 | (30 ILCS 105/5.875 new) | ||||||
9 | Sec. 5.875. The State Benefits Fund. | ||||||
10 | Section 999. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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