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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1190 Introduced 1/30/2013, by Sen. Toi W. Hutchinson SYNOPSIS AS INTRODUCED: |
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Creates the Illinois Family Care Provider Act. Provides that an employer must provide up to 12 weeks of unpaid family medical leave to an employee during any 12-month period for one or more of these purposes: the birth or adoption of a grandchild in order for the employee to care for such grandchild; because of the placement of a grandchild with the employee for adoption or foster care; or in order for the employee to care for a grandchild if such grandchild has a serious health condition or the employee to care for a grandparent if such grandparent has a serious health condition. Contains provisions concerning employee benefits and prohibited acts. Requires the Illinois Department of Labor to enforce the Act and authorizes an employee to file a civil action for enforcement. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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1 | | AN ACT concerning employment.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the |
5 | | Illinois Family Care Provider Act. |
6 | | Section 5. Findings and purpose. |
7 | | (a) Findings. The General Assembly finds that: |
8 | | (1) the number of households in Illinois in which |
9 | | working grandparents have primary responsibility for the |
10 | | care of grandchildren is significant; currently, almost |
11 | | 100,000 grandparents are responsible for the care of |
12 | | grandchildren living with them, and of these, 68% are under |
13 | | the age of 60; |
14 | | (2) in Illinois, over 230,000 children under the age of |
15 | | 18 live in homes with grandparents as the householders;
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16 | | (3) the number of households in which grandchildren |
17 | | have primary responsibility for the care of grandparents |
18 | | and other family members is significant; in fact, |
19 | | grandchildren comprise 8% of informal caregivers |
20 | | nationally;
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21 | | (4) it is important for the family unit that |
22 | | grandparents and grandchildren be able to participate in |
23 | | the care of family members who have serious health |
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1 | | conditions; and
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2 | | (5) the lack of employment policies to accommodate |
3 | | working caregivers, including employees caring for |
4 | | grandchildren or grandparents, can force individuals to |
5 | | choose between job security and caregiving |
6 | | responsibilities.
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7 | | (b) Purpose. It is the purpose of this Act that all |
8 | | employers required to comply with the Family and Medical Leave |
9 | | Act of 1993, 29 U.S.C 2601, et seq., shall include grandparents |
10 | | and grandchildren as "eligible employees" for leave for the |
11 | | birth or adoption of a grandchild in order for a grandparent to |
12 | | care for such grandchild; because of the placement of a |
13 | | grandchild with the grandparent for adoption or foster care; |
14 | | and in order for the grandparent to care for the grandchild if |
15 | | such grandchild has a serious health condition or the |
16 | | grandchild to care for the grandparent if such grandparent has |
17 | | a serious health condition. |
18 | | Section 10. Definitions. In this Act: |
19 | | "Eligible employee" means any person who may be permitted, |
20 | | required, or directed by an employer in consideration of direct |
21 | | or indirect gain or profit to engage in any employment. |
22 | | "Employee" does include an independent contractor. |
23 | | "Employee" includes an employee of a covered employer who |
24 | | has been employed by the same employer for at least 12 months |
25 | | and has been employed for at least 1,250 hours of service |
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1 | | during the 12-month period immediately preceding the |
2 | | commencement of the leave.
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3 | | "Employee benefits" means all benefits, other than salary |
4 | | and wages, provided or made available to employees by an |
5 | | employer and includes group life insurance, health insurance, |
6 | | disability insurance, and pensions, regardless of whether |
7 | | benefits are provided by a policy or practice of an employer.
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8 | | "Employer" means (1) any person, partnership, corporation, |
9 | | association, or other business entity; and (2) the State of |
10 | | Illinois, municipalities, and other units of local government.
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11 | | "Grandparent" means a biological, adopted, or foster |
12 | | grandparent or step grandparent of an employee.
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13 | | "Grandchild" means a biological, adopted, or foster |
14 | | grandchild or step grandchild of an employee who is:
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15 | | (a) under 18 years of age; or
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16 | | (b) 18 years of age or older and incapable of self-care |
17 | | because of a mental or physical disability.
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18 | | Section 15. Family leave requirement. |
19 | | (a) Subject to the conditions set forth in this Section, an |
20 | | employer that employs more than 50 employees shall provide up |
21 | | to 12 weeks of unpaid family medical leave to an employee |
22 | | during any 12-month period for one or more of the following: |
23 | | the birth or adoption of a grandchild in order for the employee |
24 | | to care for such grandchild; because of the placement of a |
25 | | grandchild with the employee for adoption or foster care; or in |
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1 | | order for the employee to care for a grandchild if such |
2 | | grandchild has a serious health condition or the employee to |
3 | | care for a grandparent if such grandparent has a serious health |
4 | | condition. |
5 | | (b) The employee shall give at least 14 days' notice of the |
6 | | intended date upon which the family medical leave will commence |
7 | | if the leave will consist of 5 or more consecutive work days. |
8 | | When able, the employee shall consult with the employer to |
9 | | schedule the leave so as to not unduly disrupt the operations |
10 | | of the employer. Employees taking family medical leave for less |
11 | | than 5 consecutive days shall give the employer such advanced |
12 | | notice as is practical.
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13 | | (c) An employee shall not take leave as provided under this |
14 | | Act unless he or she has exhausted all accrued vacation leave, |
15 | | personal leave, compensatory leave, and any other leave that |
16 | | may be granted to the employee, except sick leave and |
17 | | disability leave.
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18 | | Section 20. Employee benefits protection. |
19 | | (a) Any employee who exercises the right to family medical |
20 | | leave under this Act, upon expiration of the leave, shall be |
21 | | entitled to be restored by the employer to the position held by |
22 | | the employee when the leave commenced or to a position with |
23 | | equivalent seniority status, employee benefits, pay, and other |
24 | | terms and conditions of employment. This Section does not apply |
25 | | if the employer proves that the employee was not restored as |
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1 | | provided in this Section because of conditions unrelated to the |
2 | | employee's exercise of rights under this Act.
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3 | | (b) During any family medical leave taken under this Act, |
4 | | the employer shall continue employee benefits at the employer's |
5 | | expense.
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6 | | Section 25. Effect on existing employee benefits. |
7 | | (a) Taking family medical leave under this Act shall not |
8 | | result in the loss of any employee benefit accrued before the |
9 | | date on which the leave commenced.
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10 | | (b) Nothing in this Act shall be construed to affect an |
11 | | employer's obligation to comply with any collective bargaining |
12 | | agreement or employee benefit plan that provides greater leave |
13 | | rights to employees than the rights provided under this Act.
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14 | | (c) The family medical leave rights provided under this Act |
15 | | shall not be diminished by any collective bargaining agreement |
16 | | or employee benefit plan.
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17 | | (d) Nothing in this Act shall be construed to affect or |
18 | | diminish the contract rights or seniority status of any other |
19 | | employee of any employer covered under this Act.
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20 | | Section 30. Prohibited acts. |
21 | | (a) An employer shall not interfere with, restrain, or deny |
22 | | the exercise or the attempt to exercise any right provided |
23 | | under this Act.
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24 | | (b) An employer shall not discharge, fine, suspend, expel, |
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1 | | discipline, or in any other manner discriminate against any |
2 | | employee that exercises any right provided under this Act.
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3 | | (c) An employer shall not discharge, fine, suspend, expel, |
4 | | discipline, or in any other manner discriminate against any |
5 | | employee for opposing any practice made unlawful by this Act
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6 | | Section 35. Enforcement. This Act shall be enforced by the |
7 | | Illinois Department of Labor.
A civil action may be brought in |
8 | | the circuit court having jurisdiction by an employee to enforce |
9 | | this Act. The circuit court may enjoin any act or practice that |
10 | | violates or may violate this Act and may order any other |
11 | | equitable relief that is necessary and appropriate to redress |
12 | | the violation or to enforce this Act.
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13 | | Section 99. Effective date. This Act takes effect upon |
14 | | becoming law.
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