Illinois General Assembly - Full Text of HB5594
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Full Text of HB5594  102nd General Assembly

HB5594 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5594

 

Introduced 1/31/2022, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.970 new

    Creates the Family Leave Insurance Act. Requires the Department of Employment Security to establish and administer a family leave insurance program. Provides family leave insurance benefits to eligible employees who take unpaid family leave to care for a newborn child, a newly adopted or newly placed foster child, or a family member with a serious health condition. Authorizes family leave of up to 12 weeks during any 24-month period. Authorizes compensation for leave in the amount of 85% of the employee's average weekly wage subject to a maximum of $881 per week. Contains provisions concerning disqualification from benefits; premium payments; the amount and duration of benefits; the recovery of erroneous payments; hearings; defaulted premium payments; elective coverage; employment protection; coordination of family leave; defined terms; and other matters. Amends the State Finance Act. Creates the State Benefits Fund. Effective immediately.


LRB102 22602 SPS 31745 b

 

 

A BILL FOR

 

HB5594LRB102 22602 SPS 31745 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Family
5Leave Insurance Act.
 
6    Section 5. Declaration of policy and intent.
7    (a) Many employees do not have access to family and
8medical leave programs, and those who do may not be in a
9financial position to take family or medical leave that is
10unpaid, and employer-paid benefits meet only a relatively
11small part of this need. It is the public policy of this State
12to protect working families against the economic hardship
13caused by the need to take time off from work to care for
14themselves or family members who are suffering from a serious
15illness or to care for a newborn or a newly adopted child.
16    Moreover, many women are single mothers or the primary
17breadwinners for their families. If any of these women take an
18unpaid maternity leave, her whole family, and Illinois,
19suffers.
20    The United States is the only industrialized nation in the
21world that does not have a mandatory workplace-based program
22for such income support.
23    It is therefore desirable and necessary to develop systems

 

 

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1that help families adapt to the competing interests of work
2and home which not only benefit workers, but also benefit
3employers by reducing employee turnover and increasing worker
4productivity.
5    (b) It is the intent of the General Assembly to create a
6family leave program to relieve the serious menace to health,
7morals, and welfare of Illinois families, to increase
8workplace productivity, and to alleviate the enormous and
9growing stress on working families of balancing the demands of
10work and family needs.
 
11    Section 10. Definitions. In this Act:
12    (1)(A) "Average weekly wage" means the amount derived by
13dividing a covered employee's total wages earned from the
14employee's most recent covered employer during the base weeks
15in the 8 calendar weeks immediately preceding the calendar
16week in which a period of family leave commenced by the number
17of such base weeks.
18    (B) If the computation in paragraph (A) yields a result
19that is less than the employee's average weekly earnings in
20employment with all covered employers during the base weeks in
21such 8 calendar weeks, then the average weekly wage shall be
22computed on the basis of earnings from all covered employers
23during the base weeks in the 8 calendar weeks immediately
24preceding the week in which the period of family leave
25commences.

 

 

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1    (C) For periods of family leave, if the computations in
2paragraphs (A) and (B) both yield a result which is less than
3the employee's average weekly earnings in employment with all
4covered employers during the base weeks in the 26 calendar
5weeks immediately preceding the week in which the period of
6family leave commenced, then the average weekly wage shall,
7upon a written request to the Department by the employee on a
8form provided by the Department, be computed by the Department
9on the basis of earnings from all covered employers of the
10employee during the base weeks in those 26 calendar weeks.
11    (2) "Base hours" means the hours of work for which an
12employee receives compensation. "Base hours" includes overtime
13hours for which the employee is paid additional or overtime
14compensation and hours for which the employee receives
15workers' compensation benefits. "Base hours" also includes
16hours an employee would have worked except for having been in
17military service. At the option of the employer, "base hours"
18may include hours for which the employee receives other types
19of compensation, such as administrative, personal leave,
20vacation or sick leave.
21    (3) "Care" includes, but is not limited to, physical care,
22emotional support, visitation, arranging for a change in care,
23assistance with essential daily living matters, and personal
24attendant services.
25    (4) "Child" means a biological, adopted, or foster child,
26stepchild, or legal ward of an eligible employee, child of a

 

 

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1spouse of the eligible employee, or child of a civil union
2partner of the eligible employee, who is less than 19 years of
3age or is 19 years of age or older, but incapable of self-care
4because of a mental or physical impairment.
5    (5) "Civil union" means a civil union as defined in the
6Illinois Religious Freedom Protection and Civil Union Act.
7    (6) "Consecutive leave" means leave that is taken without
8interruption based upon an employee's regular work schedule
9and does not include breaks in employment in which an employee
10is not regularly scheduled to work. For example, when an
11employee is normally scheduled to work from September through
12June and is not scheduled to work during July and August, a
13leave taken continuously during May, June, and September shall
14be considered a consecutive leave.
15    (7) "Department" means the Department of Employment
16Security.
17    (8) "Director" means the Director of Employment Security
18and any transaction or exercise of authority by the Director
19shall be deemed to be performed by the Department.
20    (9) "Eligible employee" means an employee, other than an
21employee of the State of Illinois, its political subdivisions,
22or instrumentalities, employed by the same employer, as
23defined in paragraph (10), in the State of Illinois for 12
24months or more who has worked 1,200 or more base hours during
25the preceding 12-month period. An employee is considered to be
26employed in the State of Illinois if:

 

 

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1        (A) the employee works in Illinois; or
2        (B) the employee routinely performs some work in
3    Illinois and the employee's base of operations or the
4    place from which the work is directed and controlled is in
5    Illinois.
6    (10) "Employer" means any partnership, association, trust,
7estate, joint-stock company, insurance company, or
8corporation, whether domestic or foreign, or the receiver,
9trustee in bankruptcy, trustee, or person that has in its
10employ one or more employees performing services for it within
11this State. "Employer" also includes any employer subject to
12the Unemployment Insurance Act, except the State, its
13political subdivisions, and any instrumentality of the State.
14All employees performing services within this State for any
15employing unit that maintains 2 or more separate
16establishments within this State shall be deemed to be
17employed by a single employing unit for all purposes of this
18Act.
19    (11) "Family member" means an eligible employee's child,
20spouse, party to a civil union, parent, or any other
21individual related by blood or whose close relationship with
22the employee is the equivalent of a family relationship.
23    (12) "Family leave" means leave taken by an eligible
24employee from work with an employer: (A) to participate in the
25providing of care, including physical or psychological care,
26for the employee or a family member of the eligible employee

 

 

HB5594- 6 -LRB102 22602 SPS 31745 b

1made necessary by a serious health condition of the family
2member; (B) due to pregnancy; (C) to be with a child during the
3first 12 months after the child's birth, if the employee, the
4employee's spouse, or the party to a civil union with the
5employee, is a biological parent of the child, or the first 12
6months after the placement of the child for adoption or foster
7care with the employee; (D) for the employee's own serious
8health condition; (E) for the purposes of adopting a child; or
9(F) because of any qualifying exigency as interpreted under
10the Family and Medical Leave Act of 1993 (29 U.S.C.
112612(a)(1)(E) and 29 CFR 825.126) arising out of the fact that
12the spouse, party to a civil union, child, parent of the
13employee, or any other individual related by blood or whose
14close relationship with the employee is equivalent to a family
15relationship is on active duty (or has been notified of an
16impending call or order to active duty) in the armed forces as
17of the United States. "Family leave" does not include any
18period of time during which an eligible employee is paid
19benefits pursuant to the Workers' Compensation Act or the
20Unemployment Insurance Act because the employee is unable to
21perform the duties of the employee's employment due to the
22employee's own disability.
23    (13) "Family leave benefits" means any payments that are
24payable to an eligible employee for all or part of a period of
25family leave.
26    (14) "Health care provider" means any person licensed

 

 

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1under federal, State, or local law or the laws of a foreign
2nation to provide health care services or any other person who
3has been authorized to provide health care by a licensed
4health care provider.
5    (15) "Intermittent leave" means a non-consecutive leave
6consisting of intervals, each of which is at least one, but
7fewer than 12, weeks within a consecutive 12-month period.
8    (16) "Parent of an eligible employee" means a biological
9parent, foster parent, adoptive parent, or stepparent of the
10eligible employee or a person who was a legal guardian of, or
11who stood in loco parentis to, the eligible employee when the
12eligible employee was a child.
13    (17) "Placement for adoption" means the time when an
14eligible employee adopts a child or becomes responsible for a
15child pending adoption by the eligible employee.
16    (18) "Serious health condition" means an illness, injury,
17impairment, or physical or mental condition that requires
18inpatient care in a hospital, hospice, or residential medical
19care facility or continuing medical treatment or continuing
20supervision by a health care provider.
21    (19) "12-month period" means, with respect to an employee
22who establishes a valid claim for family leave benefits during
23a period of family leave, the 365 consecutive days that begin
24with the first day that the employee first establishes the
25claim.
 

 

 

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1    Section 15. Family leave program.
2    (a) Subject to appropriation, the Department shall
3establish and administer a family leave program.
4    (b) The Department shall establish procedures and forms
5for filing claims for benefits under this Act.
6    (c) The Department shall use information sharing and
7integration technology to facilitate the disclosure of
8relevant information or records by the Department of
9Employment Security.
10    (d) Information contained in the files and records
11pertaining to an employee under this Act is confidential and
12not open to public inspection, other than to public employees
13in the performance of their official duties. However, the
14employee or an authorized representative of an employee may
15review the records or receive specific information from the
16records on the presentation of the signed authorization of the
17employee. An employer or the employer's duly authorized
18representative may review the records of an employee employed
19by the employer in connection with a pending claim. At the
20Department's discretion, other persons may review records when
21such persons are rendering assistance to the Department at any
22stage of the proceedings on any matter pertaining to the
23administration of this Act.
24    An employer must keep at its place of business records of
25employment from which the information needed by the Department
26for purposes of this Act may be obtained. The records shall at

 

 

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1all times be open to the inspection of the Department pursuant
2to rules adopted by the Department.
3    (e) The Department shall develop and implement an outreach
4program to ensure that individuals who may be eligible to
5receive family leave benefits under this Act are made aware of
6these benefits. Outreach information shall explain, in an easy
7to understand format, eligibility requirements, the claims
8process, weekly benefit amounts, maximum benefits payable,
9notice requirements, reinstatement and nondiscrimination
10rights, confidentiality, and coordination of leave under this
11Act and other laws, collective bargaining agreements, and
12employer policies. Outreach information shall be available in
13English and in languages other than English that are spoken as
14a primary language by a significant portion of the State's
15population, as determined by the Department.
 
16    Section 20. Eligibility for benefits.
17    (a) The Department may require that a claim for family
18leave benefits under this Section be supported by a
19certification issued by a health care provider who is
20providing care to the employee or the employee's family member
21if applicable.
22    (b) An employee is not eligible for family leave benefits
23under this Section for any week for which the employee
24receives paid family leave from his or her employer. If an
25employer provides paid family leave, the employee may elect

 

 

HB5594- 10 -LRB102 22602 SPS 31745 b

1whether first to use the paid family leave or to receive family
2leave benefits under this Section. An employee may not be
3required to use paid family leave to which the employee is
4entitled before receiving family leave benefits under this
5Section.
6    (c) This Section does not limit an employee's right to
7take leave from employment under other laws or employer
8policy.
9    (d) The eligibility of an employee for benefits is not
10affected by a strike or lockout at the factory, establishment,
11or other premises at which the employee is or was last
12employed.
13    (e) An employee who has received benefits under this
14Section may not lose any other employment benefits, including
15seniority or pension rights, accrued before the date that
16family leave commenced. However, this Section does not entitle
17an employee to accrue employment benefits during a period of
18family leave or to a right, benefit, or position of employment
19other than a right, benefit, or position to which the employee
20would have been entitled had the employee not taken family
21leave.
22    (f) This Section does not diminish an employer's
23obligation to comply with a collective bargaining agreement or
24an employment benefits program or plan that provides greater
25benefits to employees than the benefits provided under this
26Section.

 

 

HB5594- 11 -LRB102 22602 SPS 31745 b

1    (g) An agreement by an employee to waive the employee's
2rights under this Section is void as contrary to public
3policy. The benefits under this Section may not be diminished
4by a collective bargaining agreement or another employment
5benefits program or plan entered into or renewed after the
6effective date of this Act.
7    (h) Nothing in this Act shall be deemed to affect the
8validity or change the terms of bona fide collective
9bargaining agreements in force on the effective date of this
10Act. After that date, requirements of this Act may be waived in
11a bona fide collective bargaining agreement, but only if the
12waiver is set forth explicitly in such agreement in clear and
13unambiguous terms.
14    (i) This Section does not create a continuing entitlement
15or contractual right.
 
16    Section 25. Disqualification from benefits.
17    (a) An employee is disqualified from family leave benefits
18under this Act if the employee:
19        (1) willfully makes a false statement or
20    misrepresentation regarding a material fact, or willfully
21    fails to disclose a material fact, to obtain benefits;
22        (2) seeks benefits based on an intentionally
23    self-inflicted serious health condition; or
24        (3) seeks benefits based on a serious health condition
25    that resulted from the employee's commission of a felony.

 

 

HB5594- 12 -LRB102 22602 SPS 31745 b

1    (b) A disqualification for family leave benefits is for a
2period of 2 years, and commences on the first day of the
3calendar week in which the employee filed a claim for benefits
4under this Act. An employee who is disqualified for benefits
5is liable to the Department for a penalty in an amount equal to
615% of the amount of benefits received by the employee.
 
7    Section 30. State Benefits Fund.
8    (a) The State Benefits Fund is created as a special fund in
9the State treasury. Subject to appropriation, moneys in the
10Fund may be used for the payment of family leave benefits and
11for the administration of this Act. All interest and other
12earnings that accrue from investment of moneys in the Fund
13shall be credited to the Fund.
14    (b) An employer shall retain from all employees a payroll
15premium deduction in the amount of 0.5% of wages. The
16Department shall by rule provide for the collection of this
17payroll premium deduction.
18    The amount of the payroll premium imposed under this
19Section, less refunds authorized by this Act, and all
20assessments and penalties collected under this Act shall be
21deposited into and credited to the Fund.
22    (c) A separate account, to be known as the Administration
23Account, shall be maintained in the Fund. An amount determined
24by the Department sufficient for proper administration, not to
25exceed, however, 0.1% of wages, shall be credited to the

 

 

HB5594- 13 -LRB102 22602 SPS 31745 b

1Administration Account. The expenses of the Department in
2administering the Fund and its accounts shall be charged
3against the Administration Account. The costs of
4administration of this Act shall be charged to the
5Administration Account.
6    (d) A separate account, to be known as the Family Leave
7Benefits Account, shall be maintained in the Fund. The account
8shall be charged with all benefit payments. Prior to July 1 of
9each calendar year, the Department shall determine the average
10rate of interest and other earnings on all investments of the
11Fund for the preceding calendar year. If there is an
12accumulated deficit in the Family Leave Benefits Account in
13excess of $200,000 at the end of any calendar year after
14interest and other earnings have been credited as provided in
15this Section, the Department shall determine the ratio of the
16deficit to the total of all taxable wages paid during the
17preceding calendar year and shall make an assessment against
18all employers in an amount equal to the taxable wages paid by
19them during the preceding calendar year to employees,
20multiplied by the ratio, but in no event shall any such
21assessment exceed 0.1% of such wages. The amounts shall be
22collectible by the Department in the same manner as provided
23for the collection of employer contributions under the
24Unemployment Insurance Act. In making this assessment, the
25Department shall furnish to each affected employer a brief
26summary of the determination of the assessment. The amount of

 

 

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1such assessments collected by the Department shall be credited
2to the Family Leave Benefits Account. As used in this Section,
3"wages" means wages as provided in Section 235 of the
4Unemployment Insurance Act.
5    (e) A board of trustees, consisting of the State
6Treasurer, the Secretary of State, the Director of Labor, the
7Director of Employment Security, and the State Comptroller, is
8hereby created. The board shall invest and reinvest all moneys
9in the Fund in excess of its cash requirements in obligations
10legal for savings banks.
11    (f) The Department may adjust rates, not to exceed the
12amount established in subsection (b) of this Section, for the
13collection of premiums pursuant to subsection (b) of this
14Section. The Department shall set rates for premiums in a
15manner that minimizes the volatility of the rates assessed and
16so that at the end of the period for which the rates are
17effective, the cash balance shall be an amount approximating
1812 months of projected expenditures from the Fund, considering
19the functions and duties of the Department under this Act.
20    (g) An employer required to pay premiums under this
21Section shall make and file a report of employee hours worked
22and amounts due under this Section upon a combined report form
23prescribed by the Department. The report shall be filed with
24the Department at the times and in the manner prescribed by the
25Department.
26    (h) If the employer is a temporary employment agency that

 

 

HB5594- 15 -LRB102 22602 SPS 31745 b

1provides employees on a temporary basis to its customers, the
2temporary employment agency is considered the employer for
3purposes of this Section.
4    (i) When an employer quits business or sells out,
5exchanges, or otherwise disposes of the business or stock of
6goods, any premium payable under this Section is immediately
7due and payable, and the employer shall, within 10 days
8thereafter, pay the premium due. A person who becomes a
9successor to the business is liable for the full amount of the
10premium and shall withhold from the purchase price a sum
11sufficient to pay any premium due from the employer until the
12employer produces a receipt from the Department showing
13payment in full of any premium due or a certificate that no
14premium is due. If the premium is not paid by the employer
15within 10 days after the date of the sale, exchange, or
16disposal, the successor is liable for the payment of the full
17amount of the premium. The successor's payment of the premium
18is, to the extent of the payment, a payment upon the purchase
19price, and if the payment is greater in amount than the
20purchase price, the amount of the difference is a debt due the
21successor from the employer.
22    A successor is not liable for any premium due from the
23person from whom the successor has acquired a business or
24stock of goods if the successor gives written notice to the
25Department of the acquisition and no assessment is issued by
26the Department within one year after receipt of the notice

 

 

HB5594- 16 -LRB102 22602 SPS 31745 b

1against the former operator of the business.
 
2    Section 35. Compensation for family leave.
3    (a) An individual's weekly benefit rate shall be 85% of
4his or her average weekly wage, subject to a maximum of $881
5per week paid to workers by employers, as determined pursuant
6to Section 401 of the Unemployment Insurance Act; however, the
7individual's benefit rate shall be computed to the next lower
8multiple of $1 if not already a multiple thereof. The amount of
9benefits for each day of family leave for which benefits are
10payable shall be one-seventh of the corresponding weekly
11benefit amount; provided that the total benefits for a
12fractional part of a week shall be computed to the next lower
13multiple of $1 if not already a multiple thereof.
14    (b) With respect to any period of family leave and while an
15individual is an eligible employee, family benefits not in
16excess of the individual's maximum benefits shall be payable
17with respect to the first day of leave taken after the first
18one-week period following the commencement of the period of
19family leave and each subsequent day of family leave during
20that period of family leave; and if benefits become payable on
21any day after the first 3 weeks in which leave is taken, then
22benefits shall also be payable with respect to any leave taken
23during the first one-week period in which leave is taken. The
24maximum total benefits payable to any eligible individual
25commencing on or after the effective date of this Act shall be

 

 

HB5594- 17 -LRB102 22602 SPS 31745 b

112 times the individual's weekly benefit amount or one-third
2of his or her total wages in his or her base year, whichever is
3the lesser; provided that the maximum amount shall be computed
4in the next lower multiple of $1 if not already a multiple
5thereof.
6    (c) All of the family leave benefits paid to an eligible
7employee during a period of family leave with respect to any
8one birth or adoption shall be for a single continuous period
9of time, except that the employer of the eligible employee may
10permit the eligible employee to receive the family leave
11benefits during non-consecutive weeks in a manner mutually
12agreed to by the employer and the eligible employee and
13disclosed to the Department by the employer.
14    (d) Nothing in this Act shall be construed to prohibit the
15establishment by an employer, without approval by the
16Department, of a supplementary plan or plans providing for the
17payment to employees, or to any class or classes of employees,
18of benefits in addition to the benefits provided by this Act or
19to prohibit the collection or receipt of additional voluntary
20contributions from employees toward the cost of the additional
21benefits. The rights, duties, and responsibilities of all
22interested parties under the supplementary plans shall be
23unaffected by any provision of this Act.
 
24    Section 40. Family leave; duration. An eligible employee
25may take 12 weeks of family leave within any 24-month period in

 

 

HB5594- 18 -LRB102 22602 SPS 31745 b

1order to provide care made necessary by reasons identified in
2Section 10. An eligible employee may take family leave on an
3intermittent schedule in which all of the leave authorized
4under this Act is not taken sequentially.
 
5    Section 45. Annual reports; contents.
6    (a) The Department shall issue and make available to the
7public, not later than July 1, 2024 and July 1 of each
8subsequent year, annual reports providing data on family leave
9benefits claims involving pregnancy and childbirth, and family
10leave benefits, including separate data for each of the
11following categories of claims: the employee's own serious
12illness; care of newborn children; care of newly adopted
13children; care of sick children; care of sick spouses; and
14care of other sick family members. The reports shall include,
15for each category of claims, the number of workers receiving
16the benefits, the amount of benefits paid, the average
17duration of benefits, the average weekly benefit, and any
18reported amount of sick leave, vacation, or other fully paid
19time which resulted in reduced benefit duration. The report
20shall provide data by gender and by any other demographic
21factors determined to be relevant by the Department. The
22reports shall also provide, for all family leave benefits, the
23total costs of benefits and the total cost of administration,
24the portion of benefits for claims during family leave, and
25the total revenues from employer assessments, where

 

 

HB5594- 19 -LRB102 22602 SPS 31745 b

1applicable; employee assessments; and other sources.
2    (b) The Department may, in its discretion, conduct surveys
3and other research regarding, and include in the annual
4reports descriptions and evaluations of the impact and
5potential future impact of the costs and benefits resulting
6from the provisions of this Act for:
7        (1) employees and their families, including surveys
8    and evaluations of what portion of the total number of
9    employees taking leave would not have taken leave, or
10    would have taken less leave, without the availability of
11    benefits; what portion of employees return to work after
12    receiving benefits and what portion are not permitted to
13    return to work; and what portion of employees who are
14    eligible for benefits do not claim or receive them and why
15    they do not;
16        (2) employers, including benefits such as reduced
17    training and other costs related to reduced turnover of
18    personnel, and increased affordability of family leave
19    through the State, with special attention given to small
20    businesses; and
21        (3) the public, including savings caused by any
22    reduction in the number of people receiving public
23    assistance.
24    (c) The total amount of any expenses that the Department
25determines are necessary to carry out its duties pursuant to
26this Section shall be charged to the Administration Account of

 

 

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1the Fund.
 
2    Section 50. Hearings. A person aggrieved by a decision of
3the Department under this Act may request a hearing. The
4Department shall adopt rules governing hearings and the
5issuance of final orders under this Act in accordance with the
6provisions of the Illinois Administrative Procedure Act. All
7final administrative decisions of the Department under this
8Act are subject to judicial review under the Administrative
9Review Law.
 
10    Section 55. Prohibited acts. No employer, temporary
11employment agency, employment agency, employee organization,
12or other person shall discharge, expel, or otherwise
13discriminate against a person because the person has filed or
14communicated to the employer an intent to file a claim, a
15complaint, or an appeal or has testified or is about to testify
16or has assisted in any proceeding, under this Act, at any time.
 
17    Section 60. Penalties.
18    (a) A person who makes a false statement or
19representation, knowing it to be false, or knowingly fails to
20disclose a material fact to obtain or increase any family
21leave benefit during a period of family leave, either for
22himself or herself or for any other person, shall be liable for
23a civil penalty of $250 to be paid to the Department. Each such

 

 

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1false statement or representation or failure to disclose a
2material fact shall constitute a separate offense. Upon
3refusal to pay such civil penalty, the civil penalty shall be
4recovered in a civil action by the Attorney General on behalf
5the Department in the name of the State of Illinois. If, in any
6case in which liability for the payment of a civil penalty has
7been determined, any person who has received any benefits
8under this Act by reason of the making of such false statements
9or representations or failure to disclose a material fact
10shall not be entitled to any benefits under this Act for any
11leave occurring prior to the time he or she has discharged his
12or her liability to pay the civil penalty.
13    (b) A person who willfully violates any provision of this
14Act or any rule adopted under this Act for which a civil
15penalty is neither prescribed in this Act nor provided by any
16other applicable law shall be subject to a civil penalty of
17$500 to be paid to the Department. Upon the refusal to pay such
18civil penalty, the civil penalty shall be recovered in a civil
19action by the Attorney General on behalf of the Department in
20the name of the State of Illinois.
21    (c) A person, employing unit, employer, or entity
22violating any provision of this Section with intent to defraud
23the Department is guilty of a Class C misdemeanor. The fine
24upon conviction shall be payable to the Fund. Any penalties
25imposed by this subsection shall be in addition to those
26otherwise prescribed in this Section.
 

 

 

HB5594- 22 -LRB102 22602 SPS 31745 b

1    Section 65. Leave and employment protection.
2    (a) During a period in which an employee receives family
3leave benefits under this Act, the employee is entitled to
4family leave and, at the established ending date of leave, to
5be restored to a position of employment with the employer from
6whom leave was taken as provided under subsection (b).
7    (b) Except as provided in subsection (f), an employee who
8receives family leave benefits under this Act for the intended
9purpose of the family leave is entitled, on return from the
10leave:
11        (1) to be restored by the employer to the position of
12    employment held by the employee when the family leave
13    commenced; or
14        (2) to be restored to an equivalent position with
15    equivalent employment benefits, pay, and other terms and
16    conditions of employment at a workplace within 20 miles of
17    the employee's workplace when the family leave commenced.
18    (c) The taking of family leave under this Act may not
19result in the loss of any employment benefits accrued before
20the date on which the family leave commenced.
21    (d) Nothing in this Section entitles a restored employee
22to:
23        (1) the accrual of any seniority or employment
24    benefits during any period of family leave; or
25        (2) any right, benefit, or position of employment

 

 

HB5594- 23 -LRB102 22602 SPS 31745 b

1    other than any right, benefit, or position to which the
2    employee would have been entitled to had the employee not
3    taken the family leave.
4    (e) Nothing in this Section prohibits an employer from
5requiring an employee on family leave to report periodically
6to the employer on the status and intention of the employee to
7return to work.
8    (f) An employer may deny restoration under subsection (b)
9to a salaried employee who is among the highest paid 10% of the
10employees employed by the employer within 75 miles of the
11facility at which the employee is employed if:
12        (1) denial is necessary to prevent substantial and
13    grievous economic injury to the operations of the
14    employer;
15        (2) the employer notifies the employee of the intent
16    of the employer to deny restoration on such basis at the
17    time the employer determines that the injury would occur;
18    and
19        (3) the family leave has commenced and the employee
20    elects not to return to employment after receiving the
21    notice.
 
22    Section 70. Notice to employer.
23    (a) If the necessity for family leave for the birth or
24placement of a child is foreseeable based on an expected birth
25or placement, the employee shall provide the employer with not

 

 

HB5594- 24 -LRB102 22602 SPS 31745 b

1less than 30 days' notice, before the date the leave is to
2begin, of the employee's intention to take leave for the birth
3or placement of a child, except that if the date of the birth
4or placement requires leave to begin in less than 30 days, the
5employee shall provide such notice as is practicable.
6    (b) If the necessity for family leave for an employee's or
7a family member's serious health condition is foreseeable
8based on planned medical treatment, the employee:
9        (1) must make a reasonable effort to schedule the
10    treatment so as not to disrupt unduly the operations of
11    the employer; and
12        (2) must provide the employer with not less than 30
13    days' notice, before the date the leave is to begin, of the
14    employee's intention to take leave for his, her, or a
15    family member's serious health condition, except that if
16    the date of the treatment requires leave to begin in less
17    than 30 days, the employee must provide such notice as is
18    practicable.
 
19    Section 75. Coordination of leave.
20    (a) Family leave taken under this Act must be taken
21concurrently with any leave taken under the Federal Family and
22Medical Leave Act of 1993.
23    (b) An employer may require that family leave taken under
24this Act be taken concurrently or otherwise coordinated with
25leave allowed under the terms of a collective bargaining

 

 

HB5594- 25 -LRB102 22602 SPS 31745 b

1agreement or employer policy, as applicable, for the birth or
2placement of a child. The employer must give his or her
3employees written notice of this requirement.
 
4    Section 80. Rules. The Department may adopt any rules
5necessary to implement the provisions of this Act. In adopting
6rules, the Department shall maintain consistency with the
7regulations adopted to implement the Federal Family and
8Medical Leave Act of 1993 to the extent such regulations are
9not in conflict with this Act.
 
10    Section 85. Authority to contract. The Department may
11contract or enter into interagency agreements with other State
12agencies for the initial administration of the Family Leave
13Program.
 
14    Section 175. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.
 
16    Section 900. The State Finance Act is amended by adding
17Section 5.970 as follows:
 
18    (30 ILCS 105/5.970 new)
19    Sec. 5.970. The State Benefits Fund.
 
20    Section 999. Effective date. This Act takes effect upon
21becoming law.