Full Text of HB0166 99th General Assembly
HB0166ham005 99TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 4/15/2016
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| 1 | | AMENDMENT TO HOUSE BILL 166
| 2 | | AMENDMENT NO. ______. Amend House Bill 166, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the Paid | 6 | | Family Leave Act. | 7 | | Section 5. Declaration of policy and intent. | 8 | | (a) It is the public policy of this State to protect | 9 | | working families against the economic hardship caused by the | 10 | | need to take time off from work to care for family members who | 11 | | are incapable of self-care, including newborn and newly adopted | 12 | | children. The growing portion of middle-income families in | 13 | | which all adult family members work, largely due to economic | 14 | | necessity, points to the desperate need for replacement income | 15 | | when a working family member must take time to care for family | 16 | | members who are unable to take care of themselves. |
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| 1 | | Moreover, many women are single mothers or the primary | 2 | | breadwinners for their families. If any of these women take an | 3 | | unpaid maternity leave, her whole family, and Illinois, | 4 | | suffers. | 5 | | The United States is the only industrialized nation in the | 6 | | world that does not have a mandatory workplace-based program | 7 | | for such income support. | 8 | | It is therefore desirable and necessary to develop systems | 9 | | that help families adapt to the competing interests of work and | 10 | | home which not only benefit workers, but also benefit employers | 11 | | by reducing employee turnover and increasing worker | 12 | | productivity. | 13 | | (b) It is the intent of the General Assembly to create a | 14 | | family leave program to relieve the serious menace to health, | 15 | | morals, and welfare of Illinois families, to increase workplace | 16 | | productivity, and to alleviate the enormous and growing stress | 17 | | on working families of balancing the demands of work and family | 18 | | needs. The family leave program shall complement the State's | 19 | | unemployment insurance program, shall be funded through | 20 | | employee contributions, and shall be administered in | 21 | | accordance with the policies of the State unemployment | 22 | | insurance program. Initial and ongoing administrative costs | 23 | | associated with the family leave program shall be payable from | 24 | | the State Benefits Fund. | 25 | | Section 10. Definitions. In this Act: |
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| 1 | | (1)(A) "Average weekly wage" means the amount derived by | 2 | | dividing a covered employee's total wages earned from the | 3 | | employee's most recent covered employer during the base weeks | 4 | | in the 8 calendar weeks immediately preceding the calendar week | 5 | | in which a period of family leave commenced by the number of | 6 | | such base weeks. | 7 | | (B) If the computation in paragraph (A) yields a result | 8 | | that is less than the employee's average weekly earnings in | 9 | | employment with all covered employers during the base weeks in | 10 | | such 8 calendar weeks, then the average weekly wage shall be | 11 | | computed on the basis of earnings from all covered employers | 12 | | during the base weeks in the 8 calendar weeks immediately | 13 | | preceding the week in which the period of family leave | 14 | | commenced. | 15 | | (C) For periods of family leave, if the computations in | 16 | | paragraphs (A) and (B) both yield a result which is less than | 17 | | the employee's average weekly earnings in employment with all | 18 | | covered employers during the base weeks in the 26 calendar | 19 | | weeks immediately preceding the week in which the period of | 20 | | family leave commenced, then the average weekly wage shall, | 21 | | upon a written request to the Department by the employee on a | 22 | | form provided by the Department, be computed by the Department | 23 | | on the basis of earnings from all covered employers of the | 24 | | employee during the base weeks in those 26 calendar weeks. | 25 | | (2) "Base hours" means the hours of work for which an | 26 | | employee receives compensation. "Base hours" includes overtime |
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| 1 | | hours for which the employee is paid additional or overtime | 2 | | compensation and hours for which the employee receives workers' | 3 | | compensation benefits. "Base hours" also includes hours an | 4 | | employee would have worked except for having been in military | 5 | | service. At the option of the employer, "base hours" may | 6 | | include hours for which the employee receives other types of | 7 | | compensation, such as administrative, personal leave, vacation | 8 | | or sick leave. | 9 | | (3) "Base salary" means the salary paid to an employee, | 10 | | excluding overtime and bonuses, but not excluding salary | 11 | | withheld for State, federal, and local taxes, FICA, and | 12 | | employee contributions to any pension or health or other | 13 | | insurance plans or programs.
| 14 | | (4) "Care" includes, but is not limited to, physical care, | 15 | | emotional support, visitation, arranging for a change in care, | 16 | | assistance with essential daily living matters, and personal | 17 | | attendant services. | 18 | | (5) "Child" means a biological, adopted, or foster child, | 19 | | stepchild, or legal ward of an eligible employee, child of a | 20 | | domestic partner of the eligible employee, or child of a civil | 21 | | union partner of the eligible employee, who is less than 19 | 22 | | years of age or is 19 years of age or older, but incapable of | 23 | | self-care because of a mental or physical impairment. | 24 | | (6) "Civil union" means a civil union as defined in the | 25 | | Illinois Religious Freedom Protection and Civil Union Act.
| 26 | | (7) "Consecutive leave" means leave that is taken without |
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| 1 | | interruption based upon an employee's regular work schedule and | 2 | | does not include breaks in employment in which an employee is | 3 | | not regularly scheduled to work. For example, when an employee | 4 | | is normally scheduled to work from September through June and | 5 | | is not scheduled to work during July and August, a leave taken | 6 | | continuously during May, June, and September shall be | 7 | | considered a consecutive leave. | 8 | | (8) "Department" means the Department of Employment | 9 | | Security.
| 10 | | (9) "Director" means the Director of Employment Security | 11 | | and any transaction or exercise of authority by the Director | 12 | | shall be deemed to be performed by the Department.
| 13 | | (10) "Eligible employee" means an employee employed by the | 14 | | same employer, as defined in paragraph (11), in the State of | 15 | | Illinois for 12 months or more who has worked 1,000 or more | 16 | | base hours during the preceding 12-month period. An employee is | 17 | | considered to be employed in the State of Illinois if: | 18 | | (A) the employee works in Illinois; or | 19 | | (B) the employee routinely performs some work in | 20 | | Illinois and the employee's base of operations or the place | 21 | | from which the work is directed and controlled is in | 22 | | Illinois. | 23 | | (11) "Employer" means any partnership, association, trust, | 24 | | estate, joint-stock company, insurance company, or | 25 | | corporation, whether domestic or foreign, or the receiver, | 26 | | trustee in bankruptcy, trustee, or person that has in its |
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| 1 | | employ one or more employees performing services for it within | 2 | | this State. "Employer" also includes any employer subject to | 3 | | the Unemployment Insurance Act, except the State, its political | 4 | | subdivisions, and any instrumentality of the State. All | 5 | | employees performing services within this State for any | 6 | | employing unit that maintains 2 or more separate establishments | 7 | | within this State shall be deemed to be employed by a single | 8 | | employing unit for all purposes of this Act. | 9 | | (12) "Family member" means a child, spouse, party to a | 10 | | civil union, or parent of an eligible employee. | 11 | | (13) "Family leave" means leave taken by an eligible | 12 | | employee from work with an employer: (A) to participate in the | 13 | | providing of care, including physical or psychological care, | 14 | | for the employee or a family member of the eligible employee | 15 | | made necessary by a serious health condition of the family | 16 | | member; (B) to be with a child during the first 12 months after | 17 | | the child's birth, if the employee, or the party to a civil | 18 | | union with the employee, is a biological parent of the child, | 19 | | or the first 12 months after the placement of the child for | 20 | | adoption or foster care with the employee; (C) for the | 21 | | employee's own serious condition; or (D) because of any | 22 | | qualifying exigency as interpreted under the Family and Medical | 23 | | Leave Act of 1993 (29 U.S.C. 2612(a)(1)(E) and 29 CFR 825.126) | 24 | | arising out of the fact that the spouse, domestic partner, | 25 | | child, or parent of the employee is on active duty (or has been | 26 | | notified of an impending call or order to active duty) in the |
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| 1 | | armed forces as of the United States. "Family leave" does not | 2 | | include any period of time during which an eligible employee is | 3 | | paid benefits pursuant to the Workers' Compensation Act or the | 4 | | Unemployment Insurance Act because the employee is unable to | 5 | | perform the duties of the employee's employment due to the | 6 | | employee's own disability. | 7 | | (14) "Family leave benefits" means any payments that are | 8 | | payable to an eligible employee for all or part of a period of | 9 | | family leave. | 10 | | (15) "Health care provider" means any person licensed under | 11 | | federal, State, or local law or the laws of a foreign nation to | 12 | | provide health care services or any other person who has been | 13 | | authorized to provide health care by a licensed health care | 14 | | provider.
| 15 | | (16) "Intermittent leave" means a non-consecutive leave | 16 | | consisting of intervals, each of which is at least one, but | 17 | | less than 12, weeks within a consecutive 12-month period. | 18 | | (17) "Parent of an eligible employee" means a biological | 19 | | parent, foster parent, adoptive parent, or stepparent of the | 20 | | eligible employee or a person who was a legal guardian of the | 21 | | eligible employee when the eligible employee was a child. | 22 | | (18) "Placement for adoption" means the time when an | 23 | | eligible employee adopts a child or becomes responsible for a | 24 | | child pending adoption by the eligible employee. | 25 | | (19) "Reduced leave schedule" means a reduced leave that is | 26 | | scheduled for not more than 24 consecutive weeks. |
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| 1 | | (20) "Serious health condition" means an illness, injury, | 2 | | impairment, or physical or mental condition that requires | 3 | | inpatient care in a hospital, hospice, or residential medical | 4 | | care facility or continuing medical treatment or continuing | 5 | | supervision by a health care provider. | 6 | | (21) "12-month period" means, with respect to an employee | 7 | | who establishes a valid claim for family leave benefits during | 8 | | a period of family leave, the 365 consecutive days that begin | 9 | | with the first day that the employee first establishes the | 10 | | claim. | 11 | | (22) "Wages" means all compensation payable by employers to | 12 | | eligible employees for personal services including | 13 | | commissions, bonuses, and the cash value of all compensation | 14 | | payable in any medium other than cash. | 15 | | Section 15. Family leave program. | 16 | | (a) Subject to appropriation, the Department shall | 17 | | establish and administer a family leave program. | 18 | | (b) The Department shall establish procedures and forms for | 19 | | filing
claims for benefits under this Act. | 20 | | (c) The Department shall use information sharing and | 21 | | integration
technology to facilitate the disclosure of | 22 | | relevant information or records by the Department of Employment | 23 | | Security, so long as an individual
consents to the disclosure | 24 | | as required under Section 20 of this Act.
| 25 | | (d) Information contained in the files and records |
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| 1 | | pertaining to an
employee under this Act are confidential and | 2 | | not open to public
inspection, other than to public employees | 3 | | in the performance of their
official duties. However, the | 4 | | employee or an authorized
representative of an employee may | 5 | | review the records or receive
specific information from the | 6 | | records on the presentation of the signed
authorization of the | 7 | | employee. An employer or the employer's duly
authorized | 8 | | representative may review the records of an employee
employed | 9 | | by the employer in connection with a pending claim. At the
| 10 | | Department's discretion, other persons may review records when | 11 | | such
persons are rendering assistance to the Department at any | 12 | | stage of the
proceedings on any matter pertaining to the | 13 | | administration of this
Act. | 14 | | An employer must keep at its place of business records of | 15 | | employment from which the information needed by the Department | 16 | | for purposes of this Act may be obtained. The records shall at | 17 | | all times be open to the inspection of the Department pursuant | 18 | | to rules adopted by the Department. | 19 | | (e) The Department shall develop and implement an outreach | 20 | | program
to ensure that individuals who may be eligible to | 21 | | receive family leave
benefits under this Act are made aware of | 22 | | these benefits.
Outreach information shall explain, in an easy | 23 | | to understand format,
eligibility requirements, the claims | 24 | | process, weekly benefit amounts,
maximum benefits payable, | 25 | | notice requirements, reinstatement and
nondiscrimination | 26 | | rights, confidentiality, and coordination of leave
under this |
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| 1 | | Act and other laws, collective bargaining agreements,
and | 2 | | employer policies. Outreach information shall be available in
| 3 | | English and in languages other than English
that
are spoken as | 4 | | a primary language by a significant portion of the State's
| 5 | | population, as determined by the Department. | 6 | | Section 20. Eligibility for benefits. | 7 | | (a) Family leave benefits are payable under the family | 8 | | leave program to an employee during a period in which the | 9 | | employee is on unpaid family
leave if the employee does all of | 10 | | the following: | 11 | | (1) Takes family leave: | 12 | | (A) because of the birth of a
child of the employee | 13 | | and in order to care for the child; | 14 | | (B) to care for a newly adopted child under 18 | 15 | | years of age or a newly
placed foster child under 18 | 16 | | years of age or a newly adopted or newly placed foster | 17 | | child older than 18 years of age if the child is | 18 | | incapable of self-care because of a mental or physical | 19 | | disability; or | 20 | | (C) to care for a family member with a serious | 21 | | health condition. | 22 | | (2) Files a claim for family leave benefits as required | 23 | | by rules adopted by the Department. | 24 | | (3) Establishes that the employee has been employed for | 25 | | at least 680 hours in employment during the employee's |
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| 1 | | qualifying year. | 2 | | (4) Establishes that the employee has had premiums | 3 | | withheld throughout the employee's
qualifying year via | 4 | | payroll withholdings as provided under Section 30 of this | 5 | | Act. | 6 | | (5) Establishes an application year. An application | 7 | | year may not be established if the qualifying year includes | 8 | | hours worked before establishment of a previous | 9 | | application year. | 10 | | (6) Consents to the disclosure of information or | 11 | | records deemed private and confidential by State and | 12 | | federal laws. Further disclosure of this information or | 13 | | these records is subject to subsection (c) of Section 15 of | 14 | | this Act. | 15 | | (7) Discloses whether or not he or she owes child | 16 | | support obligations as defined in subsection (B) of Section | 17 | | 1300 of the Unemployment Insurance Act. | 18 | | (8) Documents that he or she has provided the employer | 19 | | from whom family leave is to be taken with written notice | 20 | | of the employee's intention to take family leave as | 21 | | provided in Section 75. | 22 | | (b) The Department may require that a claim for family | 23 | | leave benefits under this Section be supported by
a | 24 | | certification issued by a health care provider who is providing | 25 | | care to the employee's family
member if applicable. | 26 | | (c) An employee is not eligible for family leave benefits |
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| 1 | | under this Section for any week for which the
employee receives | 2 | | paid family leave. If an employer provides paid family leave, | 3 | | the employee may elect whether first to use the paid family | 4 | | leave or to receive family leave benefits under this Section.
| 5 | | An employee may not be required to use paid family leave to | 6 | | which the employee is entitled
before receiving family leave | 7 | | benefits under this Section. | 8 | | (d) This Section does not limit an employee's right to take | 9 | | leave from employment
under other laws or employer policy. | 10 | | (e) The eligibility of an employee for benefits is not | 11 | | affected by a strike or lockout at the
factory, establishment, | 12 | | or other premises at which the employee is or was last | 13 | | employed. | 14 | | (f) An employee who has received benefits under this | 15 | | Section may not lose any other
employment benefits, including | 16 | | seniority or pension rights, accrued before the date that
| 17 | | family leave commenced. However, this Section does not entitle | 18 | | an employee to accrue employment
benefits during a period of | 19 | | family leave or to a right, benefit, or position of employment
| 20 | | other than a right, benefit, or position to which the employee | 21 | | would have been
entitled had the employee not taken family | 22 | | leave. | 23 | | (g) This Section does not diminish an employer's obligation | 24 | | to comply with a collective
bargaining agreement or an | 25 | | employment benefits program or plan that provides greater
| 26 | | benefits to employees than the benefits provided under this |
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| 1 | | Section. | 2 | | (h) An agreement by an employee to waive the employee's | 3 | | rights under this Section is
void as contrary to public policy. | 4 | | The benefits under this Section may not be diminished by
a | 5 | | collective bargaining agreement or another employment benefits | 6 | | program or plan entered
into or renewed after the effective | 7 | | date of this Act. | 8 | | (i) This Section does not create a continuing entitlement | 9 | | or contractual right. | 10 | | Section 25. Disqualification from benefits. | 11 | | (a) An employee is disqualified from family leave benefits | 12 | | under this Act if the
employee: | 13 | | (1) willfully makes a false statement or | 14 | | misrepresentation regarding a material fact, or
willfully | 15 | | fails to disclose a material fact, to obtain benefits; | 16 | | (2) seeks benefits based on an intentionally | 17 | | self-inflicted serious health condition; or
| 18 | | (3) seeks benefits based on a serious health condition | 19 | | that resulted from the employee's
commission of a felony. | 20 | | (b) A disqualification for family leave benefits is for a | 21 | | period of 2 years, and
commences on the first day of the | 22 | | calendar week in which the employee filed a claim for
benefits | 23 | | under this Act. An employee who is disqualified for benefits is | 24 | | liable to the Department for a penalty in an amount equal to | 25 | | 15% of the amount
of benefits received by the employee. |
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| 1 | | Section 30. State Benefits Fund. | 2 | | (a) The State Benefits Fund is created as a special fund in | 3 | | the State treasury. Subject to appropriation, moneys in the | 4 | | Fund may be used for the payment of family leave benefits and | 5 | | for the administration of this Act. All interest and other | 6 | | earnings that accrue from investment of moneys in the Fund | 7 | | shall be credited to the Fund. | 8 | | (b) There is imposed a tax upon employees in the amount of | 9 | | 0.3% of wages as defined in Section 235 of the Unemployment | 10 | | Insurance Act. The Department shall by rule provide for the | 11 | | collection of this tax. | 12 | | The amount of the tax imposed under this Section, less | 13 | | refunds authorized by this Act, and all assessments and | 14 | | penalties collected under this Act shall be deposited into and | 15 | | credited to the Fund. | 16 | | (c) A separate account, to be known as the Administration | 17 | | Account, shall be maintained in the Fund. An amount determined | 18 | | by the Treasurer sufficient for proper administration, not to | 19 | | exceed, however, 0.1% of wages as defined in this Section, | 20 | | shall be credited to the Administration Account. The expenses | 21 | | of the Treasurer in administering the Fund and its accounts | 22 | | shall be charged against the Administration Account. The costs | 23 | | of administration of this Act shall be charged to the | 24 | | Administration Account. | 25 | | (d) A separate account, to be known as the Family Leave |
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| 1 | | Benefits Account, shall be maintained in the Fund. The account | 2 | | shall be charged with all benefit payments. Prior to July 1 of | 3 | | each calendar year, the Department shall determine the average | 4 | | rate of interest and other earnings on all investments of the | 5 | | Fund for the preceding calendar year. If there is an | 6 | | accumulated deficit in the Family Leave Benefits Account in | 7 | | excess of $200,000 at the end of any calendar year after | 8 | | interest and other earnings have been credited as provided in | 9 | | this Section, the Director shall determine the ratio of the | 10 | | deficit to the total of all taxable wages paid during the | 11 | | preceding calendar year and shall make an assessment against | 12 | | all employers in an amount equal to the taxable wages paid by | 13 | | them during the preceding calendar year to employees, | 14 | | multiplied by the ratio, but in no event shall any such | 15 | | assessment exceed 0.1% of such wages. The amounts shall be | 16 | | collectible by the Department in the same manner as provided | 17 | | for the collection of employer contributions under the | 18 | | Unemployment Insurance Act. In making this assessment, the | 19 | | Department shall furnish to each affected employer a brief | 20 | | summary of the determination of the assessment. The amount of | 21 | | such assessments collected by the Department shall be credited | 22 | | to the Family Leave Benefits Account.
As used in this Section, | 23 | | "wages" means wages as provided in Section 235 of the | 24 | | Unemployment Insurance Act. | 25 | | (e) A board of trustees, consisting of the State Treasurer, | 26 | | the Secretary of State, the Director of Labor, the Director of |
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| 1 | | Employment Security, and the State Comptroller, is hereby | 2 | | created. The board shall invest and reinvest all moneys in the | 3 | | Fund in excess of its cash requirements in obligations legal | 4 | | for savings banks. | 5 | | Section 35. Family leave; duration; certification. | 6 | | (a) An eligible employee may take 12 weeks of family leave | 7 | | within any 24-month period in order to provide care made | 8 | | necessary by reason of: | 9 | | (1) the birth of a child of the employee; | 10 | | (2) the placement for adoption of a child with an | 11 | | employee; or | 12 | | (3) the serious health condition of the employee or a | 13 | | family member of the employee.
| 14 | | (b) If an eligible employee take less than 12 weeks of | 15 | | family leave for any of the reasons specified in subsection | 16 | | (a), the employee shall be entitled to take additional leave | 17 | | for any of those reasons provided that the total leave taken | 18 | | does not exceed 12 weeks in any consecutive 24-month period and | 19 | | the other qualifications and restrictions contained in this Act | 20 | | attendant to each type of leave are not abridged. | 21 | | (c) An eligible employee is entitled to up to 12 | 22 | | consecutive weeks of family leave in order to care for the | 23 | | employee's newly born child or child placed for adoption with | 24 | | the employee. An employee is entitled to a family leave for the | 25 | | birth or adoption of a child if the employer falls within the |
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| 1 | | statutory definition of employer at the time leave commences | 2 | | and commencement of the leave begins within one year after the | 3 | | birth or adoption of the child. An employee taking a family | 4 | | leave for either of these reasons may take the leave | 5 | | intermittently or on a reduced leave schedule only if agreed to | 6 | | by the employee and the employer. An employee who takes a leave | 7 | | for these purposes shall provide the employer with notice no | 8 | | later than 30 days prior to the commencement of the leave, | 9 | | except where emergent circumstances warrant shorter notice. | 10 | | (d) An employee who has or whose family member has a | 11 | | serious health condition is entitled to up to 12 weeks of | 12 | | family leave taken on a consecutive, reduced leave, or, when | 13 | | medically necessary, intermittent basis. The care that an | 14 | | employee provides need not be exclusive and may be given in | 15 | | conjunction with any other care provided. When requesting | 16 | | family leave on an intermittent basis or reduced leave | 17 | | schedule, the employee shall make a reasonable effort to | 18 | | schedule the leave so as not to unduly disrupt the operations | 19 | | of the employer.
| 20 | | An employee who takes a leave in connection with the | 21 | | serious health condition of the employee or a family member | 22 | | shall provide the employer with notice no later than 30 days | 23 | | prior to the commencement of the leave except where emergent | 24 | | circumstances warrant shorter notice. | 25 | | For purposes of this subsection, the total time within | 26 | | which an intermittent leave is taken may not exceed a 12-month |
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| 1 | | period if the leave is taken in connection with a single | 2 | | serious health condition. Intermittent leaves taken in | 3 | | connection with more than one serious health condition must be | 4 | | taken within a consecutive 24-month period or until the | 5 | | employee's 12-week family leave entitlement is exhausted, | 6 | | whichever is shorter. Any remaining family leave to which the | 7 | | employee is entitled subsequent to the expiration of any or all | 8 | | intermittent leaves may be taken in a manner consistent with | 9 | | this Act.
| 10 | | For purposes of this subsection, an employee taking a | 11 | | family leave on a reduced leave schedule shall not be entitled | 12 | | to the leave for more than a consecutive 24-week period. An | 13 | | eligible employee shall be entitled to only one leave on a | 14 | | reduced leave schedule during any consecutive 24-month period. | 15 | | Any remaining family leave to which the employee is entitled | 16 | | subsequent to the expiration of a leave taken on a reduced | 17 | | leave schedule may be taken on a consecutive or intermittent | 18 | | basis. | 19 | | If an employee needs intermittent leave or leave on a | 20 | | reduced leave schedule that is foreseeable based on care of, or | 21 | | planned medical treatment for, a family member or if an | 22 | | employer agrees to permit an employee intermittent or reduced | 23 | | schedule leave for the birth of a child or placement of a child | 24 | | for adoption, the employer may require the employee during the | 25 | | period of leave to temporarily transfer to an available | 26 | | alternative position for which the employee is qualified and |
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| 1 | | which better accommodates recurring periods of leave than does | 2 | | the employee's regular position. The alternative position must | 3 | | have equivalent pay and benefits to the employee's regular | 4 | | position. An employer may not transfer an employee to an | 5 | | alternative position in order to discourage the employee from | 6 | | taking leave or otherwise work a hardship on the employee. When | 7 | | an employee who is taking leave intermittently or on a reduced | 8 | | leave schedule and has been transferred to an alternative | 9 | | position is able to return to full-time work, he or she must be | 10 | | placed in the same or equivalent job as the one he or she left | 11 | | when the leave commenced. | 12 | | (e) An employee's entitlement to return to work prior to | 13 | | the prearranged expiration of a requested family leave shall be | 14 | | governed by the employer's policy with respect to other leaves | 15 | | of absence. | 16 | | If an employer permits an employee to return to work prior | 17 | | to the prearranged expiration of other leaves, then that policy | 18 | | shall similarly govern an employee's entitlement to return to | 19 | | work prior to the prearranged expiration of the requested | 20 | | family leave. | 21 | | If an employer does not permit an employee to return to | 22 | | work prior to the prearranged expiration of other leaves, then | 23 | | the employee is not entitled to return to work prior to the | 24 | | prearranged expiration of family leave. | 25 | | An employer that does not have a policy of either | 26 | | permitting or denying an employee to return to work prior to |
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| 1 | | the prearranged expiration of any other leave of absence shall | 2 | | permit an employee to return to work prior to the prearranged | 3 | | expiration of requested family leave if the early return of the | 4 | | employee will not cause the employer undue hardship, such as | 5 | | requiring the employer to incur the expense of continuing the | 6 | | employment of a temporary employee who was hired to replace the | 7 | | employee who is taking family leave.
| 8 | | (f) An employer shall not require an employee to take a | 9 | | leave of absence beyond the period of time that an employee | 10 | | requests family leave. | 11 | | (g) In determining the 24-month period in which the 12 | 12 | | weeks of leave shall be granted under this Act, an employer may | 13 | | choose from any of the following methods:
| 14 | | (1) the calendar year; | 15 | | (2) any fixed "leave year", such as a fiscal year or a | 16 | | year starting on an employee's anniversary date; | 17 | | (3) the 24-month period measured forward from the date | 18 | | any employee's first leave under this Act begins; or | 19 | | (4) a "rolling" 24-month period measured backward from | 20 | | the date an employee uses any leave under this Act.
| 21 | | (h) An employer may choose any method of determining the | 22 | | 24-month period listed in subsection (g), provided that | 23 | | employees are notified of the alternative chosen and the | 24 | | alternative chosen is applied consistently and uniformly to all | 25 | | employees. An employer wishing to change to another alternative | 26 | | is required to give at least 60 days' notice to all employees, |
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| 1 | | and the transition must take place in such a way that the | 2 | | employees retain the full benefit of 12 weeks of leave under | 3 | | whichever method affords the greatest benefit to the employee. | 4 | | Under no circumstances may a new method be implemented in order | 5 | | to avoid this Act's leave requirements. If an employer fails to | 6 | | select one of the options listed in subsection (g) for | 7 | | measuring the 24-month period, the option that provides the | 8 | | most beneficial outcome for the employee shall be used. | 9 | | (i) Any period of family leave for the serious health | 10 | | condition of a family member of the eligible employee shall be | 11 | | supported by certification provided by a health care provider. | 12 | | The certification shall be sufficient if it states:
| 13 | | (1) the date, if known, on which the serious health | 14 | | condition commenced; | 15 | | (2) the probable duration of the condition; | 16 | | (3) the medical facts within the knowledge of the | 17 | | provider of the certification regarding the condition; | 18 | | (4) a statement that the serious health condition | 19 | | warrants the participation of the covered employee in | 20 | | providing health care, as provided in this Act and rules | 21 | | adopted pursuant to this Act;
| 22 | | (5) an estimate of the amount of time of the eligible | 23 | | employee that is needed for participation in the care of | 24 | | the family member; | 25 | | (6) if the leave is intermittent, a statement of the | 26 | | medical necessity for the intermittent leave and the |
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| 1 | | expected duration of the intermittent leave; and | 2 | | (7) if the leave is intermittent and for planned | 3 | | medical treatment, the dates of the treatment. | 4 | | Section 40. Recovery of erroneous payments. | 5 | | (a) If an employee receives any family leave benefits under | 6 | | Section 35 which the employee is not entitled: | 7 | | (1) the employee is liable to the Department for the | 8 | | amount of benefits
received; and | 9 | | (2) the amount of benefits received may be deducted by | 10 | | the Department from any future
benefits otherwise payable | 11 | | to the employee under Section 35. | 12 | | (b) If the Department decides that an employee has been | 13 | | paid family leave benefits to which the employee
is not | 14 | | entitled because of an error, and that the employee is not | 15 | | subject to disqualification
under Section 25, the amounts | 16 | | received in error may be recovered by the
Department only by | 17 | | deductions from benefits otherwise payable to the employee | 18 | | under Section 35 during the 52 weeks following the date on | 19 | | which the order establishing the
amount of the erroneous | 20 | | payment becomes final. If amounts determined to be recoverable
| 21 | | have not been paid within that time, the liability shall be | 22 | | canceled by the Department and charged
against the State | 23 | | Benefits Fund. | 24 | | (c) Except as provided in subsection (d), if benefits | 25 | | determined to be recoverable
under this Section have not been |
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| 1 | | paid within 3 years after the date that the
order of the | 2 | | Department establishing the liability of the employee becomes | 3 | | final, and no payments have been received on the liability for | 4 | | at least 3 months, the liability shall be canceled
by the | 5 | | Department and charged against the State benefits Fund. | 6 | | (d) Any amount due under this Section may be collected by | 7 | | the Department in a civil action
against the employee brought | 8 | | in the name of the Department. | 9 | | (e) Interest on any benefits recoverable under this Section | 10 | | shall be paid and collected at
the same time repayment of | 11 | | benefits is made by the employee. Interest on an amount | 12 | | recoverable
under this Section accrues at the rate specified in | 13 | | Section 2-1303 of the Code of Civil Procedure, beginning on the
| 14 | | first day of the month following 60 days after entry of the | 15 | | order establishing the amount
recoverable. | 16 | | (f) Any amount collected under this Section by the | 17 | | Department shall be paid into the State Benefits Fund. | 18 | | Section 45. Hearings. A person aggrieved by a decision of | 19 | | the Department under this Act may request a hearing. The | 20 | | Department shall adopt rules governing hearings and the | 21 | | issuance of final orders under this Act in accordance with the | 22 | | provisions of the Illinois Administrative Procedure Act. All | 23 | | final administrative decisions of the Department under this Act | 24 | | are subject to judicial review under the Administrative Review | 25 | | Law. |
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| 1 | | Section 50. Prohibited acts. No employer, temporary | 2 | | employment
agency, employment agency, employee organization, | 3 | | or other person shall discharge,
expel, or otherwise | 4 | | discriminate against a person because the person has filed or | 5 | | communicated
to the employer an intent to file a claim, a | 6 | | complaint, or an appeal or has testified or
is about to testify | 7 | | or has assisted in any proceeding, under this Act, at any time. | 8 | | Section 55. Penalties.
| 9 | | (a) A person who makes a false statement or representation, | 10 | | knowing it to be false, or knowingly fails to disclose a | 11 | | material fact to obtain or increase any family leave benefit | 12 | | during a period of family leave, either for himself or herself | 13 | | or for any other person, shall be liable for a civil penalty of | 14 | | $250 to be paid to the Department. Each such false statement or | 15 | | representation or failure to disclose a material fact shall | 16 | | constitute a separate offense. Upon refusal to pay such civil | 17 | | penalty, the civil penalty shall be recovered in a civil action | 18 | | by the Attorney General on behalf the Department in the name of | 19 | | the State of Illinois. If, in any case in which liability for | 20 | | the payment of a civil penalty has been determined, any person | 21 | | who has received any benefits under this Act by reason of the | 22 | | making of such false statements or representations or failure | 23 | | to disclose a material fact shall not be entitled to any | 24 | | benefits under this Act for any leave occurring prior to the |
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| 1 | | time he or she has discharged his or her liability to pay the | 2 | | civil penalty.
| 3 | | (b) A person who willfully violates any provision of this | 4 | | Act or any rule adopted under this Act for which a civil | 5 | | penalty is neither prescribed in this Act nor provided by any | 6 | | other applicable law shall be subject to a civil penalty of | 7 | | $500 to be paid to the Department. Upon the refusal to pay such | 8 | | civil penalty, the civil penalty shall be recovered in a civil | 9 | | action by the Attorney General on behalf of the Department in | 10 | | the name of the State of Illinois. | 11 | | (c) A person, employing unit, employer, or entity violating | 12 | | any provision of this Section with intent to defraud the | 13 | | Department is guilty of a Class C misdemeanor. The fine upon | 14 | | conviction shall be payable to the Fund. Any penalties imposed | 15 | | by this subsection shall be in addition to those otherwise | 16 | | prescribed in this Section. | 17 | | Section 60. Recovery of overpayment of family leave | 18 | | benefits. Overpayment of benefits under this Act may be | 19 | | recovered in the manner provided under Sections 900, 901, and | 20 | | 900.1 of the Unemployment Insurance Act. | 21 | | Section 70. Leave and employment protection. | 22 | | (a) During a period in which an employee receives family | 23 | | leave benefits or earns waiting period credits under this Act, | 24 | | the employee is entitled to family leave and, at the |
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| 1 | | established ending date of leave, to be restored to a position | 2 | | of employment with the employer from whom leave was taken as | 3 | | provided under subsection (b). | 4 | | (b) Except as provided in subsection (f), an employee who | 5 | | receives family leave benefits under this Act for the intended | 6 | | purpose of the family leave is entitled, on return from the | 7 | | leave: | 8 | | (1) to be restored by the employer to the position of | 9 | | employment held by the employee when the family leave | 10 | | commenced; or | 11 | | (2)
to be restored to an equivalent position with | 12 | | equivalent employment benefits, pay, and other terms and | 13 | | conditions of employment at a workplace within 20 miles of | 14 | | the employee's workplace when the family leave commenced. | 15 | | (c) The taking of family leave under this Act may not | 16 | | result in the loss of any employment benefits accrued before | 17 | | the date on which the family leave commenced. | 18 | | (d) Nothing in this Section entitles a restored employee | 19 | | to:
| 20 | | (1) the accrual of any seniority or employment benefits | 21 | | during any period of family leave; or | 22 | | (2) any right, benefit, or position of employment other | 23 | | than any right, benefit, or position to which the employee | 24 | | would have been entitled to had the employee not taken the | 25 | | family leave. | 26 | | (e) Nothing in this Section prohibits an employer from |
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| 1 | | requiring an employee on family leave to report periodically to | 2 | | the employer on the status and intention of the employee to | 3 | | return to work. | 4 | | (f) An employer may deny restoration under subsection (b) | 5 | | to a salaried employee who is among the highest paid 10% of the | 6 | | employees employed by the employer within 75 miles of the | 7 | | facility at which the employee is employed if: | 8 | | (1) denial is necessary to prevent substantial and | 9 | | grievous economic injury to the operations of the employer; | 10 | | (2) the employer notifies the employee of the intent of | 11 | | the employer to deny restoration on such basis at the time | 12 | | the employer determines that the injury would occur; and
| 13 | | (3) the family leave has commenced and the employee | 14 | | elects not to return to employment after receiving the | 15 | | notice. | 16 | | (g) This Section applies to an employee only if: | 17 | | (1) the employer from whom the employee takes family | 18 | | leave employs more than 50 employees; and | 19 | | (2) the employee has been employed for at least 12 | 20 | | months by that employer, and for at least 1,250 hours of | 21 | | service with that employer during the previous 12-month | 22 | | period.
| 23 | | Section 75. Notice to employer. | 24 | | (a) If the necessity for family leave for the birth or | 25 | | placement of a child is foreseeable based on an expected birth |
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| 1 | | or placement, the employee shall provide the employer with not | 2 | | less than 30 days' notice, before the date the leave is to | 3 | | begin, of the employee's intention to take leave for the birth | 4 | | or placement of a child, except that if the date of the birth | 5 | | or placement requires leave to begin in less than 30 days, the | 6 | | employee shall provide such notice as is practicable.
| 7 | | (b) If the necessity for family leave for a family member's | 8 | | serious health condition is foreseeable based on planned | 9 | | medical treatment, the employee: | 10 | | (1) must make a reasonable effort to schedule the | 11 | | treatment so as not to disrupt unduly the operations of the | 12 | | employer; and | 13 | | (2) must provide the employer with not less than 30 | 14 | | days' notice, before the date the leave is to begin, of the | 15 | | employee's intention to take leave for a family member's | 16 | | serious health condition, except that if the date of the | 17 | | treatment requires leave to begin in less than 30 days, the | 18 | | employee must provide such notice as is practicable. | 19 | | Section 80. Employment by same employer. If spouses who are | 20 | | entitled to leave under this Act are employed by the same | 21 | | employer, the employer may require that spouses not take such | 22 | | leave concurrently. | 23 | | Section 85. Coordination of leave. | 24 | | (a) Family leave taken under this Act must be taken |
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| 1 | | concurrently with any leave taken under the federal Family and | 2 | | Medical Leave Act of 1993. | 3 | | (b) An employer may require that family leave taken under | 4 | | this Act be taken concurrently or otherwise coordinated with | 5 | | leave allowed under the terms of a collective bargaining | 6 | | agreement or employer policy, as applicable, for the birth or | 7 | | placement of a child. The employer must give his or her | 8 | | employees written notice of this requirement. | 9 | | Section 90. Rules. The Department may adopt any rules | 10 | | necessary to implement the provisions of this Act. In adopting | 11 | | rules, the Department shall maintain consistency with the | 12 | | regulations adopted to implement the federal Family and Medical | 13 | | Leave Act of 1993 to the extent such rules are not in conflict | 14 | | with this Act.
| 15 | | Section 100. Authority to contract. The Department may | 16 | | contract or enter into interagency agreements with other State | 17 | | agencies for the initial administration of the Family Leave | 18 | | Program. | 19 | | Section 175. Severability. The provisions of this Act are | 20 | | severable under Section 1.31 of the Statute on Statutes. | 21 | | Section 900. The State Finance Act is amended by adding | 22 | | Section 5.875 as follows: |
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| 1 | | (30 ILCS 105/5.875 new) | 2 | | Sec. 5.875. The State Benefits Fund. | 3 | | Section 999. Effective date. This Act takes effect upon | 4 | | becoming law.".
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