Illinois General Assembly - Full Text of SB2217
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Full Text of SB2217  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/10/2023, by Sen. Cristina Castro


New Act
30 ILCS 105/5.990 new

    Creates the Paid Family Leave Insurance Program Act. Requires the Department of Employment Security to establish and administer a Family Leave Insurance Program that provides family leave insurance benefits to eligible employees. Sets forth eligibility requirements for benefits under the Act. Provides that a self-employed individual may elect to be covered under the Act. Contains provisions concerning disqualification from benefits; compensation for family leave; the amount and duration of benefits; employer equivalent plans; an annual report by the Department; hearings; penalties; notice; the coordination of family leave; and rules. Amends the State Finance Act. Creates the State Benefits Fund. Effective immediately, except that provisions concerning the State Benefits Fund take effect June 1, 2024 and provisions concerning the amount and duration of paid family leave take effect June 1, 2025.

LRB103 30689 SPS 57160 b





SB2217LRB103 30689 SPS 57160 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 Paid
5Family Leave Insurance Program 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 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
18unpaid maternity leave, their families and Illinois suffer.
19    The United States is the only industrialized nation in the
20world that does not have a mandatory workplace-based program
21for such income support.
22    It is therefore desirable and necessary to develop systems
23that help families adapt to the competing interests of work



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1and home and that not only benefit workers but also benefit
2employers by reducing employee turnover and increasing worker
4    (b) It is the intent of the General Assembly to create a
5paid family leave program to relieve the serious menace to the
6health, morals, and welfare of Illinois families, to increase
7workplace productivity, and to alleviate the enormous and
8growing stress on working families of balancing the demands of
9work and family needs.
10    Section 10. Definitions. As used in this Act:
11    "Assisted reproduction" means a method of achieving a
12pregnancy through the handling of human oocytes, sperm,
13zygotes, or embryos for the purpose of establishing a
14pregnancy. "Assisted reproduction" includes, but is not
15limited to, methods of artificial insemination, in vitro
16fertilization, embryo transfer, zygote transfer, embryo
17biopsy, preimplantation genetic diagnosis, embryo
18cryopreservation, oocyte, gamete, zygote, and embryo donation,
19and gestational surrogacy.
20    "Average weekly wage" means the amount derived by dividing
21by 12 an employee's total earnings, including wages,
22gratuities, bonuses, commissions, and any other compensation
23that constitutes remuneration, earned during the quarter with
24the highest earnings in the applicable benefit year, or the
25amount derived by dividing by 12 an employee's total earnings,



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1including wages, gratuities, bonuses, commissions, and any
2other compensation that constitutes remuneration, to fulfill a
3contract for a covered business entity, earned in the quarter
4with the highest earnings in the applicable benefit year, or
5for individuals not currently employed or under contract, the
6amount derived by dividing by 12 an individual's total
7earnings, including wages, gratuities, bonuses, commissions,
8and any other compensation that constitutes remuneration,
9earned during the quarter with the highest earnings earned in
10the 4 quarters prior to the last day of employment or the end
11of the contract.
12    "Base hours" means the hours of work for which an employee
13receives compensation. "Base hours" includes overtime hours
14for which the employee is paid additional or overtime
15compensation and hours for which the employee receives
16workers' compensation benefits. "Base hours" also includes
17hours an employee would have worked except for having been in
18military service. At the option of the employer, "base hours"
19may include hours for which the employee receives other types
20of compensation, such as administrative, personal, vacation,
21or paid leave.
22    "Care" includes, but is not limited to, physical care,
23emotional support, visitation, arranging for a change in care,
24assistance with essential daily living matters, and personal
25attendant services.
26    "Child" means a biological, adopted, or foster child,



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1stepchild, or legal ward of an eligible employee, child of a
2spouse of the eligible employee, child of a legal parent, or
3child of a civil union partner of the eligible employee, who is
4less than 18 years of age or is 18 years of age or older, but
5incapable of self-care because of a mental or physical
7    "Civil union" means a civil union as defined in the
8Illinois Religious Freedom Protection and Civil Union Act.
9    "Consecutive leave" means leave that is taken without
10interruption based upon an employee's regular work schedule
11and does not include breaks in employment in which an employee
12is not regularly scheduled to work.
13    "Covered business entity" means a business or trade that
14contracts with one or more individuals for services and is
15required to report the payment of services to such individuals
16on IRS Form 1099-MISC or IRS Form 1099-K for more than 25% of
17its Illinois workforce. Such individuals are included in the
18covered business entity's workforce if the contracts for
19services include, but are not limited to, oral or written
20contracts, and services arranged through application software
21designed to run on smartphones and other mobile devices and
22software designed to run inside a web browser.
23    "Day and temporary labor service agency" has the meaning
24set forth in Section 5 of the Day and Temporary Labor Services
26    "Department" means the Department of Employment Security.



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1    "Director" means the Director of Employment Security.
2    "Domestic violence" has the same meaning as provided in
3Section 103 of the Illinois Domestic Violence Act.
4    "Domestic worker" has the meaning set forth in Section 10
5of the Domestic Workers' Bill of Rights Act.
6    "Eligible employee" means an employee, other than an
7employee of the State of Illinois, its political subdivisions,
8or instrumentalities, employed in the State of Illinois for 12
9months or more who has worked 1,200 or more base hours during
10the preceding 12-month period. An employee is considered to be
11employed 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
15    place from which the work is directed and controlled is in
16    Illinois.
17    "Eligible employee" includes domestic workers.
18    "Employer" means any partnership, association, trust,
19estate, joint-stock company, insurance company, or
20corporation, whether domestic or foreign, or the receiver,
21trustee in bankruptcy, trustee, or person that has in its
22employ one or more employees performing services for it within
23this State. "Employer" also includes any employer subject to
24the Unemployment Insurance Act, except the State, its
25political subdivisions, and any instrumentality of the State.
26"Employer" includes a day and temporary labor service agency



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1that provides employees on a temporary basis to its customers
2and its customers.
3    "Family member" means an eligible employee's child,
4spouse, party to a civil union, parent, or any other
5individual related by blood or whose close relationship with
6the employee is the equivalent of a family relationship.
7    "Family leave benefits" means any payments that are
8payable to an eligible employee for all or part of a period of
9paid family leave.
10    "Health care provider" means any person licensed under
11federal, State, or local law or the laws of a foreign nation to
12provide health care services or any other person who has been
13authorized to provide health care by a licensed health care
15    "Intermittent leave" means a non-consecutive leave
16consisting of intervals, each of which is at least one, but
17fewer than 12, weeks within a consecutive 12-month period.
18    "Legal Parent" means the parent of a child listed on the
19certificate of birth.
20    "Medical procedure" means a course of action intended to
21achieve a result in the delivery of healthcare.
22    "Miscarriage" means the loss of a pregnancy before 20
23weeks of gestation.
24    "Paid family leave" means leave taken by an eligible
25employee from work with an employer:
26        (A) to participate in the providing of care, including



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1    physical or psychological care, for the employee or a
2    family member of the eligible employee made necessary by a
3    serious health condition or medical procedure of the
4    family member;
5        (B) to be with a child during the first 12 months after
6    the child's birth, if the employee, the employee's spouse,
7    or the party to a civil union with the employee, is a
8    biological parent of the child, or the first 12 months
9    after the placement of the child for adoption or foster
10    care with the employee;
11        (C) for the employee's own serious health condition
12    including stillbirth or miscarriage;
13        (D) for the employee's own reproductive health care;
14        (E) as a result of the employee being subjected to
15    domestic violence; or
16        (F) because of any qualifying exigency as interpreted
17    under the Family and Medical Leave Act of 1993 (29 U.S.C.
18    2612(a)(1)(E) and 29 CFR 825.126) arising out of the fact
19    that the spouse, party to a civil union, child, parent of
20    the employee, or any other individual related by blood or
21    whose close relationship with the employee is equivalent
22    to a family relationship is on active duty (or has been
23    notified of an impending call or order to active duty) in
24    the armed forces as of the United States.
25    "Paid family leave" does not include any period of time
26during which an eligible employee is paid benefits pursuant to



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1the Workers' Compensation Act or the Unemployment Insurance
2Act because the employee is unable to perform the duties of the
3employee's employment due to the employee's own disability.
4    "Parent of an eligible employee" means a biological
5parent, foster parent, adoptive parent, or stepparent of the
6eligible employee or a person who was a legal guardian of, or
7who stood in loco parentis to, the eligible employee when the
8eligible employee was a child.
9    "Placement for adoption" means the time when an eligible
10employee adopts a child or becomes responsible for a child
11pending adoption by the eligible employee.
12    "Reproductive health care" means health care offered,
13arranged, or furnished for the purpose of preventing
14pregnancy, terminating a pregnancy, managing pregnancy loss,
15or improving maternal health and birth outcomes. "Reproductive
16health care" includes, but is not limited to, contraception,
17sterilization, preconception care, assisted reproduction,
18maternity care, abortion care, and counseling regarding
19reproductive health care.
20    "Self-employed individual" means an individual who
21receives self-employment income as defined in Section 1402(b)
22of the Internal Revenue Code. "Self-employed individual" also
23includes independent contractors, sole proprietors, and
24partnerships who engage in domestic work as defined in Section
2510 of the Domestic Workers' Bill of Rights Act.
26    "Serious health condition" means an illness, injury,



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1impairment, or physical or mental condition that requires
2inpatient care in a hospital, hospice, or residential medical
3care facility or continuing medical treatment or continuing
4supervision by a health care provider.
5    "Stillbirth" means the loss of a pregnancy at 20 weeks of
6gestation or later.
7    "12-month period" means, with respect to an employee who
8establishes a valid claim for paid family leave benefits
9during a period of paid family leave, the 365 consecutive days
10that begin with the first day that the employee first
11establishes the claim.
12    Section 15. Paid family leave program.
13    (a) The Department shall establish and administer a paid
14family leave program.
15    (b) The Department shall establish procedures and forms
16for filing claims for benefits under this Act.
17    (c) The Department shall use information sharing and
18integration technology to facilitate the disclosure of
19relevant information or records by the Department of
20Employment Security.
21    (d) Information contained in the files and records
22pertaining to an employee under this Act is confidential and
23not open to public inspection, other than to public employees
24in the performance of their official duties. An employer must
25keep at its place of business records of employment from which



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1the information needed by the Department for purposes of this
2Act may be obtained. The records shall at all times be open to
3the inspection of the Department pursuant to rules adopted by
4the Department.
5    (e) The Department shall develop and implement an outreach
6program to ensure that individuals who may be eligible to
7receive family leave benefits under this Act are made aware of
8these benefits. Outreach information shall explain, in an easy
9to understand format, eligibility requirements, the claims
10process, weekly benefit amounts, maximum benefits payable,
11notice requirements, reinstatement and nondiscrimination
12rights, confidentiality, and coordination of leave under this
13Act and other laws, collective bargaining agreements, and
14employer policies. Outreach information shall be available in
15English and in languages other than English that are spoken as
16a primary language by a significant portion of the State's
17population, as determined by the Department.
18    (f) Any local, county, or municipal ordinance that
19provides for paid family and medical leave enacted or amended
20on or after the effective date of this Act must comply with the
21requirements of this Act.
22    Section 20. Eligibility for benefits.
23    (a) The Department may require that a claim for family
24leave benefits under this Section be supported by a
25certification issued by a health care provider who is



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1providing care to the employee or the employee's family member
2if applicable.
3    (b) An employee is not eligible for family leave benefits
4under this Section for any week for which the employee
5receives any paid leave from their employer. If an employer
6provides paid leave, the employee may elect whether first to
7use the paid leave or to receive family leave benefits under
8this Section. An employee may not be required to use paid leave
9to which the employee is entitled before receiving family
10leave benefits under this Section.
11    (c) This Section does not limit an employee's right to
12take leave from employment under other laws or employer
14    (d) The eligibility of an employee for benefits is not
15affected by a strike or lockout at the factory, establishment,
16or other premises at which the employee is or was last
18    (e) An employee who has received benefits under this
19Section may not lose any other employment benefits, including
20seniority or pension rights, accrued before the date that paid
21family leave commenced. However, this Section does not entitle
22an employee to accrue employment benefits during a period of
23paid family leave or to a right, benefit, or position of
24employment other than a right, benefit, or position to which
25the employee would have been entitled had the employee not
26taken paid family leave.



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1    (f) Nothing in this Act shall be deemed to interfere with,
2impede, or in any way diminish the right of employees to
3bargain collectively with their employers through
4representatives of their own choosing in order to establish
5wages or other conditions of work in excess of the applicable
6minimum standards established in this Act. The paid family
7leave requirements of this Act may be waived in a bona fide
8collective bargaining agreement, but only if the waiver is set
9forth explicitly in such agreement in clear and unambiguous
11    (g) Nothing in this Act shall be deemed to affect the
12validity or change the terms of bona fide collective
13bargaining agreements in force on the effective date of this
14Act. After that date, requirements of this Act may be waived in
15a bona fide collective bargaining agreement, but only if the
16waiver is set forth explicitly in such agreement in clear and
17unambiguous terms.
18    (h) This Section does not create a continuing entitlement
19or contractual right.
20    (i) Nothing in the Section shall limit the eligibility of
21an employee for benefits upon the change of employment as long
22as the employee remains an eligible employee.
23    Section 25. Self-employed benefits.
24    (a) A self-employed individual or individual who contracts
25to perform services with a covered business entity may elect



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1to be covered under this Act. The self-employed individual or
2individual who contracts to perform services with a covered
3business entity must file a notice of election in writing with
4the Department and contribute to the State Benefits Fund as
5described in Section 35. The self-employed individual or
6individual who contracts to perform services with a covered
7business entity must agree to supply any information
8concerning taxable income that the Department deems necessary.
9    (b) A self-employed individual who has elected to be
10covered or an individual who has elected to be covered and who
11contracts to perform services with a covered business entity
12may terminate coverage by filing written notice with the
13Department at such times as the Director prescribes by rule,
14including at the time of a change in the employment status of
15the self-employed individual or individual who contracts to
16perform services with a covered business entity employment
17status. The termination may not take effect sooner than 30
18days after the notice is filed.
19    (c) A self-employed individual who has elected to be
20covered or an individual who has elected to be covered and who
21contracts to perform services with a covered business entity
22may terminate coverage on the date of the filing of a voluntary
23or involuntary bankruptcy petition. The selective coverage of
24a self-employed individual or individual who contracts to
25perform services with a covered business entity terminates on
26the date the self-employed individual or individual who



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1contracts to perform services with a covered business entity
2provides to the Department documentation to support the
3bankruptcy petition filing of the self-employed individual or
4individual who contracts to perform services with a covered
5business entity and files written notice with the Director. At
6any time thereafter, the self-employed individual or
7individual who contracts to perform services with a covered
8business entity may re-elect coverage under this Section.
9    Section 30. Disqualification from benefits.
10    (a) An employee is disqualified from family leave benefits
11under this Act if the employee:
12        (1) willfully makes a false statement to obtain
13    benefits; or
14        (2) seeks benefits based on a serious health condition
15    that resulted from the employee's commission of a felony.
16    (b) A disqualification for family leave benefits is for a
17period of 2 years, and commences on the first day of the
18calendar week in which the employee filed a claim for benefits
19under this Act. An employee who is disqualified for benefits
20is liable to the Department for a penalty in an amount equal to
2115% of the amount of benefits received by the employee.
22    Section 35. State Benefits Fund.
23    (a) The State Benefits Fund is created as a special fund in
24the State treasury. Moneys in the Fund may be used for the



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1payment of family leave benefits and for the administration of
2this Act. All interest and other earnings that accrue from
3investment of moneys in the Fund shall be credited to the Fund.
4    (b) An employer shall retain from all employees a payroll
5premium deduction in the amount of 0.3% of wages as defined in
6subsection (b) of Section 235 of the Unemployment Insurance
7Act. The Department shall provide for the collection of this
8payroll premium deduction by rule. The amount of the payroll
9premium imposed under this Section, less refunds authorized by
10this Act, and all assessments and penalties collected under
11this Act shall be deposited into and credited to the Fund.
12Nothing in this Act shall be construed to prohibit an employer
13from providing additional voluntary employer contributions
14toward the cost of benefits provided under this Act. These
15voluntary contributions may be in addition to employee payroll
16deductions or used to replace in whole or in part employee
17payroll deductions. Voluntary employer contributions may
18result in eligibility to apply for any established Paid Family
19Medical Leave tax credit.
20    (c) A separate account, to be known as the Administration
21Account, shall be maintained in the Fund. An amount determined
22by the Department sufficient for proper administration, not to
23exceed, however, 0.1% of wages as defined in this Section,
24shall be credited to the Administration Account. The expenses
25of the Department in administering the Fund and its accounts
26shall be charged against the Administration Account. The costs



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1of administration of this Act shall be charged to the
2Administration Account.
3    (d) A separate account, to be known as the Family Leave
4Benefits Account, shall be maintained in the Fund. The account
5shall be charged with all benefit payments. Prior to July 1 of
6each calendar year, the Department shall determine the average
7rate of interest and other earnings on all investments of the
8Fund for the preceding calendar year. If there is an
9accumulated deficit in the Family Leave Benefits Account in
10excess of $200,000 at the end of any calendar year after
11interest and other earnings have been credited as provided in
12this Section, the Department shall determine the ratio of the
13deficit to the total of all taxable wages paid during the
14preceding calendar year and shall increase the employee
15payroll premium for the next calendar year. In no event shall
16such increase exceed .01%. Once the accumulated deficit has
17been cured, the employee payroll premium shall be reduced to
18the premium outlined in (b) and (c) of this Section.
19    (e) A board of trustees, consisting of the State
20Treasurer, the Secretary of State, the Director of Labor, the
21Director of Employment Security, and the State Comptroller, is
22hereby created. The board shall invest and reinvest all moneys
23in the Fund in excess of its cash requirements in obligations
24legal for savings banks.
25    (f) The Department may adjust rates, not to exceed the
26amount established in subsection (b) of this Section, for the



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1collection of premiums pursuant to subsection (b) of this
2Section. The Department shall set rates for premiums in a
3manner that minimizes the volatility of the rates assessed and
4so that at the end of the period for which the rates are
5effective, the cash balance shall be an amount approximating
612 months of projected expenditures from the Fund, considering
7the functions and duties of the Department under this Act.
8    Section 40. Compensation for family leave.
9    (a) An eligible employee's weekly benefit rate shall be
10two-thirds of his or her average weekly wage, subject to a
11maximum of the Statewide average weekly wage paid to workers
12by employers, as determined pursuant to Section 401 of the
13Unemployment Insurance Act, provided that the employee's
14benefit rate shall be computed to the next lower multiple of $1
15if not already a multiple thereof. The amount of benefits for
16each day of paid family leave for which benefits are payable
17shall be one-seventh of the corresponding weekly benefit
18amount, provided that the total benefits for a fractional part
19of a week shall be computed to the next lower multiple of $1 if
20not already a multiple thereof.
21    (b) With respect to any period of paid family leave and
22while an individual is an eligible employee, family benefits
23not in excess of the eligible employee's maximum benefits
24shall be payable with respect to the first day of leave taken
25after the first one-week period following the commencement of



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1the period of paid family leave and each subsequent day of paid
2family leave during that period of paid family leave; and if
3benefits become payable on any day after the first 3 weeks in
4which leave is taken, then benefits shall also be payable with
5respect to any leave taken during the first one-week period in
6which leave is taken. The maximum total benefits payable to
7any eligible employee commencing on or after the effective
8date of this Act shall be 12 times the eligible employee's
9weekly benefit amount or one-third of his or her total wages in
10his or her base year, whichever is the lesser; provided that
11the maximum amount shall be computed in the next lower
12multiple of $1 if not already a multiple thereof.
13    (c) All of the family leave benefits paid to an eligible
14employee during a period of paid family leave with respect to
15any one birth or adoption shall be for a single continuous
16period of time, except that the employer of the eligible
17employee may permit the eligible employee to receive the paid
18family leave benefits during non-consecutive weeks in a manner
19mutually agreed to by the employer and the eligible employee
20and disclosed to the Department by the employer.
21    (d) Nothing in this Act shall be construed to prohibit the
22establishment by an employer, without approval by the
23Department, of a supplementary plan or plans providing for the
24payment to employees, or to any class or classes of employees,
25of benefits in addition to the benefits provided by this Act or
26to prohibit the collection or receipt of additional voluntary



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1contributions from employees toward the cost of the additional
2benefits. The rights, duties, and responsibilities of all
3interested parties under the supplementary plans shall be
4unaffected by any provision of this Act.
5    Section 45. Paid family leave; duration. An eligible
6employee may take 12 weeks of paid family leave within any
712-month period in order to provide care made necessary by
8reasons identified in Section 10. An eligible employee may
9take paid family leave on an intermittent schedule in which
10all of the leave authorized under this Act is not taken
12    Section 50. Employer equivalent plans.
13    (a) An employer may apply to the Department for approval
14of an employer-offered benefit plan that provides family and
15medical leave insurance benefits to the employer's employees.
16    (b) An employer that seeks approval of a plan shall submit
17an application to the Department in the form and manner
18prescribed by the Department by rule, accompanied by an
19application fee not to exceed $250.
20    (c) The Department shall review and approve an application
21for a plan if the Director finds that:
22        (1) the plan is made available to all employees who
23    have been continuously employed with an employer and meet
24    the definition of eligible employee under Section 10 of



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1    this Act; and
2        (2) the benefits afforded to employees covered under
3    the plan are equal to or greater than the weekly benefits
4    and the duration of leave that an eligible employee would
5    qualify for under this Act.
6    (d) An employee covered under an employer plan is not
7subject to the requirements of this Act and not required to
8make the contributions pursuant to Section 35.
9    (e) An employer may assume all or a part of the costs
10related to a plan approved under this Section.
11    (f) If an employer assumes only part of the costs, the
12employer may deduct employee contributions from the wages of
13employees to finance the costs related to the plan, except
14that any contribution amounts deducted may not exceed the
15amount that an eligible employee would otherwise be required
16to contribute under Section 35.
17    (g) Employee contributions received or retained by an
18employer under this subsection must be used for plan expenses
19and are not considered to be a part of an employer's assets for
20any purpose.
21    (h) An employee who takes leave pursuant to a plan
22approved under this section shall provide notice to an
23employer of such leave in the same manner as provided in
24Section 80 of this Act.
25    (i) An employer that offers a plan approved under this
26Section shall:



SB2217- 21 -LRB103 30689 SPS 57160 b

1        (1) maintain all reports, information and records
2    relating to the plan, including payroll and account
3    records that document employee contributions and expenses,
4    in the manner established by the Director by rule; and
5        (2) provide written notice to employees that includes:
6            (A) information about benefits available under the
7        approved plan, including the duration of leave;
8            (B) the process for filing a claim to receive
9        benefits under the plan;
10            (C) the process for employee deductions used to
11        finance the costs of the plan, if any;
12            (D) the right to job protection and benefits
13        continuation, if applicable; and
14            (E) a statement that discrimination and
15        retaliatory actions against an employee for inquiring
16        about the family and medical leave insurance program
17        established under this Act, giving notification of
18        leave under the program, taking leave under the
19        program, or claiming family and medical leave
20        insurance benefits are prohibited.
21    (j) An employer may be subjected to penalties under
22Section 70 where they fail to maintain an approved equivalency
23plan or provide benefits to employees under an approved
24equivalency plan that are inconsistent with this Act.
25    Section 55. Annual reports; contents.



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1    (a) The Department shall issue and make available to the
2public, not later than June 1, 2026 and June 1 of each
3subsequent year, annual reports providing data on family leave
4benefits including separate data for each of the paid family
5leave category outlined in Section 10 of this Act. The reports
6shall include, for each category of claims, the number of
7workers receiving the benefits, the amount of benefits paid,
8the average duration of benefits, the average weekly benefit,
9and any reported amount of paid leave, vacation, or other
10fully paid time which resulted in reduced benefit duration.
11The report shall provide data by gender and by any other
12demographic factors determined to be relevant by the
13Department. The reports shall also provide, for all family
14leave benefits, the total costs of benefits and the total cost
15of administration, the portion of benefits for claims during
16paid family leave, and the total revenues from employer
17assessments, where applicable; employee assessments; and other
18sources. Any and all data made available to the public shall be
19de-identified and anonymized.
20    (b) The Department may, in its discretion, conduct surveys
21and other research regarding, and include in the annual
22reports descriptions and evaluations of the impact and
23potential future impact of the costs and benefits resulting
24from the provisions of this Act for:
25        (1) employees and their families, including surveys
26    and evaluations of what portion of the total number of



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1    employees taking leave would not have taken leave, or
2    would have taken less leave, without the availability of
3    benefits; what portion of employees return to work after
4    receiving benefits and what portion are not permitted to
5    return to work; and what portion of employees who are
6    eligible for benefits do not claim or receive them and why
7    they do not;
8        (2) employers, including benefits such as reduced
9    training and other costs related to reduced turnover of
10    personnel, and increased affordability of paid family
11    leave through the State, with special attention given to
12    small businesses; and
13        (3) the public, including savings caused by any
14    reduction in the number of people receiving public
15    assistance.
16    (c) The total amount of any expenses that the Department
17determines are necessary to carry out its duties pursuant to
18this Section shall be charged to the Administration Account of
19the Fund.
20    Section 60. Hearings. A person aggrieved by a decision of
21the Department under this Act may request a hearing. The
22Department shall adopt rules governing hearings and the
23issuance of final orders under this Act in accordance with the
24provisions of the Illinois Administrative Procedure Act. All
25final administrative decisions of the Department under this



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1Act are subject to judicial review under the Administrative
2Review Law.
3    Section 65. Prohibited acts.
4    (a) No employer, temporary employment agency, employment
5agency, employee organization, or other person shall
6discharge, expel, or otherwise discriminate against a person
7because the person has filed or communicated to the employer
8an intent to file a claim, a complaint, or an appeal or has
9testified or is about to testify or has assisted in any
10proceeding, under this Act, at any time.
11    (b) It is unlawful for any employer to threaten to take or
12to take any adverse action against an employee because the
13employee (1) exercises rights or attempts to exercise rights
14under this Act; (2) opposes practices which the employee
15believes to be in violation of this Act; or (3) supports the
16exercise of rights of another under this Act. It is unlawful
17for any employer to consider the use of paid family and medical
18leave by an employee as a negative factor in any employment
19action that involves evaluating, promoting, disciplining, or
20counting paid leave under a no-fault attendance policy. Such
21retaliation shall subject an employer to civil penalties
22pursuant to this Act.
23    Section 70. Penalties.
24    (a) A person who makes a false statement or



SB2217- 25 -LRB103 30689 SPS 57160 b

1representation, knowing it to be false, or increase any paid
2family leave benefit during a period of paid family leave,
3either for himself or herself or for any other person, shall be
4liable for a civil penalty of $250 to be paid to the
5Department. Each such false statement or representation shall
6constitute a separate offense. Upon refusal to pay such civil
7penalty, the civil penalty shall be recovered in a civil
8action by the Attorney General on behalf the Department in the
9name of the State of Illinois. If, in any case in which
10liability for the payment of a civil penalty has been
11determined, any person who has received any benefits under
12this Act by reason of the making of such false statements or
13representations shall not be entitled to any benefits under
14this Act for any leave occurring prior to the time he or she
15has discharged his or her liability to pay the civil penalty.
16    (b) A person, employing unit, employer, or entity who
17willfully violates any provision of this Act or any rule
18adopted under this Act for which a civil penalty is neither
19prescribed in this Act nor provided by any other applicable
20law shall be subject to a civil penalty of $500 to be paid to
21the Department. Upon the refusal to pay such civil penalty,
22the civil penalty shall be recovered in a civil action by the
23Attorney General on behalf of the Department in the name of the
24State of Illinois.
25    (c) A person, employing unit, employer, or entity
26violating any provision of this Section with intent to defraud



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1the Department is guilty of a Class C misdemeanor. The fine
2upon conviction shall be payable to the Fund. Any penalties
3imposed by this subsection shall be in addition to those
4otherwise prescribed in this Section.
5    Section 75. Leave and employment protection.
6    (a) During a period in which an employee receives family
7leave benefits under this Act, the employee is entitled to
8paid family leave and, at the established ending date of
9leave, to be restored to a position of employment with the
10employer from whom leave was taken as provided under
11subsection (b).
12    (b) Except as provided in subsection (f), an employee who
13receives family leave benefits under this Act for the intended
14purpose of the paid family leave is entitled, on return from
15the leave:
16        (1) to be restored by the employer to the position of
17    employment held by the employee when the paid 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 the employee's workplace
22    immediately prior to when the paid family leave commenced.
23    (c) The taking of paid family leave under this Act may not
24result in the loss of any employment benefits accrued before
25the date on which the paid family leave commenced.



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1    (d) Nothing in this Section entitles a restored employee
3        (1) the accrual of any seniority or employment
4    benefits during any period of paid family leave; or
5        (2) any right, benefit, or position of employment
6    other than any right, benefit, or position to which the
7    employee would have been entitled to had the employee not
8    taken the paid family leave.
9    (e) Nothing in this Section prohibits an employer from
10requiring an employee on paid family leave to report
11periodically to the employer on the status and intention of
12the employee to return to work.
13    (f) During any period an employee takes paid family leave
14under this Act, if the employer provides insurance for
15employees, the employer shall maintain coverage for the
16employee and any family member under any group health plan for
17the duration of such leave at no less than the level and
18conditions of coverage that would have been provided if the
19employee had not taken the leave. The employer shall notify
20the employee that the employee is still responsible for paying
21the employee's share of the cost of the health care coverage,
22if any.
23    Section 80. Notice to employer.
24    (a) If the necessity for paid family leave for the birth or
25placement of a child is foreseeable based on an expected birth



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1or placement, the employee shall provide the employer with not
2less than 30 days' notice, before the date the leave is to
3begin, of the employee's intention to take leave for the birth
4or placement of a child, except that if the date of the birth
5or placement requires leave to begin in less than 30 days, the
6employee shall provide such notice as is practicable.
7    (b) If the necessity for paid family leave for an
8employee's, a family member's serious health condition,
9employee's own medical procedure or the employee's own
10reproductive health care is foreseeable based on planned
11medical treatment, the employee:
12        (1) must make a reasonable effort to schedule the
13    treatment so as not to disrupt unduly the operations of
14    the employer; and
15        (2) must provide the employer with not less than 30
16    days' notice, before the date the leave is to begin, of the
17    employee's intention to take leave, except that if the
18    date of the treatment requires leave to begin in less than
19    30 days, the employee must provide such notice as is
20    practicable.
21    Section 85. Employment by same employer. If spouses who
22are entitled to leave under this Act are employed by the same
23employer, the employer may require that the spouses not take
24more than 6 weeks of such leave concurrently.



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1    Section 90. Coordination of leave.
2    (a) Paid family leave taken under this Act must be taken
3concurrently with any leave taken under the federal Family and
4Medical Leave Act of 1993, collective bargaining agreement, or
5any local county or municipal ordinance.
6    (b) An employer may require that paid family leave taken
7under this Act be taken concurrently or otherwise coordinated
8with leave allowed under the terms of a collective bargaining
9agreement, local county or municipal ordinance, or employer
10policy. The employer must give their employees written notice
11of this requirement. In adopting rules, the Department shall
12maintain consistency with the regulations adopted to implement
13the federal Family and Medical Leave Act of 1993 to the extent
14such regulations are not in conflict with this Act.
15    Section 95. Rules. The Department shall adopt any rules
16necessary to implement the provisions of this Act.
17    Section 100. Authority to contract. The Department may
18contract or enter into interagency agreements with other State
19agencies for the initial administration of the Paid Family
20Leave Program.
21    Section 900. The State Finance Act is amended by adding
22Section 5.990 as follows:



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1    (30 ILCS 105/5.990 new)
2    Sec. 5.990. The State Benefits Fund.
3    Section 999. Effective date. This Act takes effect upon
4becoming law, except that Section 35 becomes effective June 1,
52024, and Sections 40 and 45 become effective June 1, 2025.