Full Text of SB1190 98th General Assembly
SB1190sam002 98TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 4/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1190
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1190 by replacing | 3 | | everything after the enacting clause with the following:
| 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;
| 16 | | (3) the number of households in which grandchildren |
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| 1 | | have primary responsibility for the care of grandparents | 2 | | and other family members is significant; in fact, | 3 | | grandchildren comprise 8% of informal caregivers | 4 | | nationally;
| 5 | | (4) it is important for the family unit that | 6 | | grandparents and grandchildren be able to participate in | 7 | | the care of family members who have serious health | 8 | | conditions; and
| 9 | | (5) the lack of employment policies to accommodate | 10 | | working caregivers, including employees caring for | 11 | | grandchildren or grandparents, can force individuals to | 12 | | choose between job security and caregiving | 13 | | responsibilities.
| 14 | | (b) Purpose. It is the purpose of this Act that all | 15 | | employers required to comply with the Family and Medical Leave | 16 | | Act of 1993, 29 U.S.C. 2601, et seq., shall include | 17 | | grandparents and grandchildren as "eligible employees" for | 18 | | leave for the birth or adoption of a grandchild in order for a | 19 | | grandparent to care for such grandchild; because of the | 20 | | placement of a grandchild with the grandparent for adoption or | 21 | | foster care; and in order for the grandparent to care for the | 22 | | grandchild if such grandchild has a serious health condition or | 23 | | the grandchild to care for the grandparent if such grandparent | 24 | | has a serious health condition. | 25 | | Section 10. Definitions. In this Act: |
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| 1 | | "Eligible employee" has the meaning ascribed to that term | 2 | | in the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et | 3 | | seq. | 4 | | "Employer" has the meaning ascribed to that term in the | 5 | | Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.
| 6 | | "Grandparent" means a biological, adopted, or step | 7 | | grandparent of an employee.
| 8 | | "Grandchild" means a biological, adopted, or step | 9 | | grandchild of an employee. | 10 | | "Serious health condition" has the meaning ascribed to that | 11 | | term in the Family and Medical Leave Act of 1993, 29 U.S.C. | 12 | | 2601 et seq. | 13 | | Section 15. Family leave requirement. | 14 | | (a) Subject to the conditions set forth in this Section, an | 15 | | employee is entitled to receive and an employer shall provide | 16 | | up to 12 weeks of unpaid family medical leave to an employee | 17 | | during any 12-month period for one or more of the following: | 18 | | the birth or adoption of a grandchild in order for the employee | 19 | | to care for such grandchild; the placement of a grandchild with | 20 | | the employee for adoption or foster care; or the employee to | 21 | | care for a grandchild if such grandchild has a serious health | 22 | | condition or the employee to care for a grandparent if the | 23 | | grandparent has a serious health condition. | 24 | | (b) An employee is not entitled to receive and an employer | 25 | | is not required to provide more than 12 weeks of unpaid family |
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| 1 | | medical leave in any 12-month period under this Act. For | 2 | | purposes of this Act, unpaid family medical leave granted | 3 | | pursuant to any other law shall be deemed to be unpaid family | 4 | | medical leave granted under this Act. | 5 | | Section 20. Notification. An employee must comply with the | 6 | | employer's usual and customary procedural requirements for | 7 | | giving notice of a request for leave, provided that those | 8 | | notice requirements are consistent with the Family and Medical | 9 | | Leave Act of 1993, 29 U.S.C. 2601 et seq. | 10 | | Section 25. Certification. An employer may require that an | 11 | | employee's leave to care for a grandchild or grandparent, with | 12 | | a serious health condition, be supported by a certification | 13 | | issued by the health care provider of the employee's grandchild | 14 | | or grandparent. Certification under this Section shall comply | 15 | | with the certification content and requirements provided in 29 | 16 | | C.F.R. 825.305 et seq. | 17 | | Section 30. Enforcement. A civil action may be brought in | 18 | | the circuit court having jurisdiction by an employee to enforce | 19 | | this Act. The circuit court may enjoin any act or practice that | 20 | | violates or may violate this Act and may order any other | 21 | | equitable relief that is necessary and appropriate to redress | 22 | | the violation or to enforce this Act. |
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| 1 | | Section 35. Refusal to pay damages. Any employer who has | 2 | | been ordered by the court to pay damages under this Act is | 3 | | liable for:
| 4 | | (1) damages equal to the amount of wages, salary, | 5 | | employment benefits, public assistance, or other compensation | 6 | | denied or lost to such individual by reason of the violation | 7 | | and the interest on that amount calculated at the prevailing | 8 | | rate;
| 9 | | (2) such equitable relief as may be appropriate, including | 10 | | employment reinstatement and promotion; and
| 11 | | (3) reasonable attorney's fees, reasonable expert witness | 12 | | fees, and other costs of the action to be paid by the | 13 | | respondent to the prevailing employee.
| 14 | | Section 40. Interpretation. Except as otherwise provided | 15 | | in this Act, all general requirements for leave, employment, | 16 | | benefits, and other provisions shall be interpreted in a manner | 17 | | consistent with the Family and Medical Leave Act of 1993, 29 | 18 | | U.S.C. 2601 et seq. | 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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