Full Text of HB0166 99th General Assembly
HB0166ham006 99TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 4/19/2016
| | 09900HB0166ham006 | | LRB099 00218 JLS 47831 a |
|
| 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. |
| | | 09900HB0166ham006 | - 2 - | LRB099 00218 JLS 47831 a |
|
| 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. | 19 | | Section 10. Definitions. In this Act: | 20 | | (1)(A) "Average weekly wage" means the amount derived by | 21 | | dividing a covered employee's total wages earned from the | 22 | | employee's most recent covered employer during the base weeks | 23 | | in the 8 calendar weeks immediately preceding the calendar week | 24 | | in which a period of family leave commenced by the number of | 25 | | such base weeks. |
| | | 09900HB0166ham006 | - 3 - | LRB099 00218 JLS 47831 a |
|
| 1 | | (B) If the computation in paragraph (A) yields a result | 2 | | that is less than the employee's average weekly earnings in | 3 | | employment with all covered employers during the base weeks in | 4 | | such 8 calendar weeks, then the average weekly wage shall be | 5 | | computed on the basis of earnings from all covered employers | 6 | | during the base weeks in the 8 calendar weeks immediately | 7 | | preceding the week in which the period of family leave | 8 | | commenced. | 9 | | (C) For periods of family leave, if the computations in | 10 | | paragraphs (A) and (B) both yield a result which is less than | 11 | | the employee's average weekly earnings in employment with all | 12 | | covered employers during the base weeks in the 26 calendar | 13 | | weeks immediately preceding the week in which the period of | 14 | | family leave commenced, then the average weekly wage shall, | 15 | | upon a written request to the Department by the employee on a | 16 | | form provided by the Department, be computed by the Department | 17 | | on the basis of earnings from all covered employers of the | 18 | | employee during the base weeks in those 26 calendar weeks. | 19 | | (2) "Base hours" means the hours of work for which an | 20 | | employee receives compensation. "Base hours" includes overtime | 21 | | hours for which the employee is paid additional or overtime | 22 | | compensation and hours for which the employee receives workers' | 23 | | compensation benefits. "Base hours" also includes hours an | 24 | | employee would have worked except for having been in military | 25 | | service. At the option of the employer, "base hours" may | 26 | | include hours for which the employee receives other types of |
| | | 09900HB0166ham006 | - 4 - | LRB099 00218 JLS 47831 a |
|
| 1 | | compensation, such as administrative, personal leave, vacation | 2 | | or sick leave. | 3 | | (3) "Base salary" means the salary paid to an employee, | 4 | | excluding overtime and bonuses, but not excluding salary | 5 | | withheld for State, federal, and local taxes, FICA, and | 6 | | employee contributions to any pension or health or other | 7 | | insurance plans or programs.
| 8 | | (4) "Care" includes, but is not limited to, physical care, | 9 | | emotional support, visitation, arranging for a change in care, | 10 | | assistance with essential daily living matters, and personal | 11 | | attendant services. | 12 | | (5) "Child" means a biological, adopted, or foster child, | 13 | | stepchild, or legal ward of an eligible employee, child of a | 14 | | domestic partner of the eligible employee, or child of a civil | 15 | | union partner of the eligible employee, who is less than 19 | 16 | | years of age or is 19 years of age or older, but incapable of | 17 | | self-care because of a mental or physical impairment. | 18 | | (6) "Civil union" means a civil union as defined in the | 19 | | Illinois Religious Freedom Protection and Civil Union Act.
| 20 | | (7) "Consecutive leave" means leave that is taken without | 21 | | interruption based upon an employee's regular work schedule and | 22 | | does not include breaks in employment in which an employee is | 23 | | not regularly scheduled to work. For example, when an employee | 24 | | is normally scheduled to work from September through June and | 25 | | is not scheduled to work during July and August, a leave taken | 26 | | continuously during May, June, and September shall be |
| | | 09900HB0166ham006 | - 5 - | LRB099 00218 JLS 47831 a |
|
| 1 | | considered a consecutive leave. | 2 | | (8) "Department" means the Department of Employment | 3 | | Security.
| 4 | | (9) "Director" means the Director of Employment Security | 5 | | and any transaction or exercise of authority by the Director | 6 | | shall be deemed to be performed by the Department.
| 7 | | (10) "Eligible employee" means an employee employed by the | 8 | | same employer, as defined in paragraph (11), in the State of | 9 | | Illinois for 12 months or more who has worked 1,000 or more | 10 | | base hours during the preceding 12-month period. An employee is | 11 | | considered to be employed 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 place | 15 | | from which the work is directed and controlled is in | 16 | | Illinois. | 17 | | (11) "Employer" means any partnership, association, trust, | 18 | | estate, joint-stock company, insurance company, or | 19 | | corporation, whether domestic or foreign, or the receiver, | 20 | | trustee in bankruptcy, trustee, or person that has in its | 21 | | employ one or more employees performing services for it within | 22 | | this State. "Employer" also includes any employer subject to | 23 | | the Unemployment Insurance Act, except the State, its political | 24 | | subdivisions, and any instrumentality of the State. All | 25 | | employees performing services within this State for any | 26 | | employing unit that maintains 2 or more separate establishments |
| | | 09900HB0166ham006 | - 6 - | LRB099 00218 JLS 47831 a |
|
| 1 | | within this State shall be deemed to be employed by a single | 2 | | employing unit for all purposes of this Act. | 3 | | (12) "Family member" means a child, spouse, party to a | 4 | | civil union, or parent of an eligible employee. | 5 | | (13) "Family leave" means leave taken by an eligible | 6 | | employee from work with an employer: (A) to participate in the | 7 | | providing of care, including physical or psychological care, | 8 | | for the employee or a family member of the eligible employee | 9 | | made necessary by a serious health condition of the family | 10 | | member; (B) to be with a child during the first 12 months after | 11 | | the child's birth, if the employee, or the party to a civil | 12 | | union with the employee, is a biological parent of the child, | 13 | | or the first 12 months after the placement of the child for | 14 | | adoption or foster care with the employee; (C) for the | 15 | | employee's own serious condition; or (D) because of any | 16 | | qualifying exigency as interpreted under the Family and Medical | 17 | | Leave Act of 1993 (29 U.S.C. 2612(a)(1)(E) and 29 CFR 825.126) | 18 | | arising out of the fact that the spouse, domestic partner, | 19 | | child, or parent of the employee is on active duty (or has been | 20 | | notified of an impending call or order to active duty) in the | 21 | | armed forces as of the United States. "Family leave" does not | 22 | | include any period of time during which an eligible employee is | 23 | | paid benefits pursuant to the Workers' Compensation Act or the | 24 | | Unemployment Insurance Act because the employee is unable to | 25 | | perform the duties of the employee's employment due to the | 26 | | employee's own disability. |
| | | 09900HB0166ham006 | - 7 - | LRB099 00218 JLS 47831 a |
|
| 1 | | (14) "Family leave benefits" means any payments that are | 2 | | payable to an eligible employee for all or part of a period of | 3 | | family leave. | 4 | | (15) "Health care provider" means any person licensed under | 5 | | federal, State, or local law or the laws of a foreign nation to | 6 | | provide health care services or any other person who has been | 7 | | authorized to provide health care by a licensed health care | 8 | | provider.
| 9 | | (16) "Intermittent leave" means a non-consecutive leave | 10 | | consisting of intervals, each of which is at least one, but | 11 | | less than 12, weeks within a consecutive 12-month period. | 12 | | (17) "Parent of an eligible employee" means a biological | 13 | | parent, foster parent, adoptive parent, or stepparent of the | 14 | | eligible employee or a person who was a legal guardian of the | 15 | | eligible employee when the eligible employee was a child. | 16 | | (18) "Placement for adoption" means the time when an | 17 | | eligible employee adopts a child or becomes responsible for a | 18 | | child pending adoption by the eligible employee. | 19 | | (19) "Serious health condition" means an illness, injury, | 20 | | impairment, or physical or mental condition that requires | 21 | | inpatient care in a hospital, hospice, or residential medical | 22 | | care facility or continuing medical treatment or continuing | 23 | | supervision by a health care provider. | 24 | | (20) "12-month period" means, with respect to an employee | 25 | | who establishes a valid claim for family leave benefits during | 26 | | a period of family leave, the 365 consecutive days that begin |
| | | 09900HB0166ham006 | - 8 - | LRB099 00218 JLS 47831 a |
|
| 1 | | with the first day that the employee first establishes the | 2 | | claim. | 3 | | (21) "Wages" means all compensation payable by employers to | 4 | | eligible employees for personal services including | 5 | | commissions, bonuses, and the cash value of all compensation | 6 | | payable in any medium other than cash. | 7 | | Section 15. Family leave program. | 8 | | (a) Subject to appropriation, the Department shall | 9 | | establish and administer a family leave program. | 10 | | (b) The Department shall establish procedures and forms for | 11 | | filing
claims for benefits under this Act. | 12 | | (c) The Department shall use information sharing and | 13 | | integration
technology to facilitate the disclosure of | 14 | | relevant information or records by the Department of Employment | 15 | | Security, so long as an individual
consents to the disclosure | 16 | | as required under Section 20 of this Act.
| 17 | | (d) Information contained in the files and records | 18 | | pertaining to an
employee under this Act is confidential and | 19 | | not open to public
inspection, other than to public employees | 20 | | in the performance of their
official duties. However, the | 21 | | employee or an authorized
representative of an employee may | 22 | | review the records or receive
specific information from the | 23 | | records on the presentation of the signed
authorization of the | 24 | | employee. An employer or the employer's duly
authorized | 25 | | representative may review the records of an employee
employed |
| | | 09900HB0166ham006 | - 9 - | LRB099 00218 JLS 47831 a |
|
| 1 | | by the employer in connection with a pending claim. At the
| 2 | | Department's discretion, other persons may review records when | 3 | | such
persons are rendering assistance to the Department at any | 4 | | stage of the
proceedings on any matter pertaining to the | 5 | | administration of this
Act. | 6 | | An employer must keep at its place of business records of | 7 | | employment from which the information needed by the Department | 8 | | for purposes of this Act may be obtained. The records shall at | 9 | | all times be open to the inspection of the Department pursuant | 10 | | to rules adopted by the Department. | 11 | | (e) The Department shall develop and implement an outreach | 12 | | program
to ensure that individuals who may be eligible to | 13 | | receive family leave
benefits under this Act are made aware of | 14 | | these benefits.
Outreach information shall explain, in an easy | 15 | | to understand format,
eligibility requirements, the claims | 16 | | process, weekly benefit amounts,
maximum benefits payable, | 17 | | notice requirements, reinstatement and
nondiscrimination | 18 | | rights, confidentiality, and coordination of leave
under this | 19 | | Act and other laws, collective bargaining agreements,
and | 20 | | employer policies. Outreach information shall be available in
| 21 | | English and in languages other than English
that
are spoken as | 22 | | a primary language by a significant portion of the State's
| 23 | | population, as determined by the Department. | 24 | | Section 20. Eligibility for benefits. | 25 | | (a) Family leave benefits are payable under the family |
| | | 09900HB0166ham006 | - 10 - | LRB099 00218 JLS 47831 a |
|
| 1 | | leave program to an employee during a period in which the | 2 | | employee is on unpaid family
leave if the employee does all of | 3 | | the following: | 4 | | (1) Takes family leave as defined in Section 10. | 5 | | (2) Files a claim for family leave benefits as required | 6 | | by rules adopted by the Department. | 7 | | (3) Establishes that the employee has been employed for | 8 | | at least 1,000 hours in employment during the employee's | 9 | | qualifying year. | 10 | | (4) Establishes an application year. An application | 11 | | year may not be established if the qualifying year includes | 12 | | hours worked before establishment of a previous | 13 | | application year. | 14 | | (5) Consents to the disclosure of information or | 15 | | records deemed private and confidential by State and | 16 | | federal laws. Further disclosure of this information or | 17 | | these records is subject to subsection (c) of Section 15 of | 18 | | this Act. | 19 | | (6) Discloses whether or not he or she owes child | 20 | | support obligations as defined in subsection (B) of Section | 21 | | 1300 of the Unemployment Insurance Act. | 22 | | (7) Documents that he or she has provided the employer | 23 | | from whom family leave is to be taken with written notice | 24 | | of the employee's intention to take family leave as | 25 | | provided in Section 75. | 26 | | (b) The Department may require that a claim for family |
| | | 09900HB0166ham006 | - 11 - | LRB099 00218 JLS 47831 a |
|
| 1 | | leave benefits under this Section be supported by
a | 2 | | certification issued by a health care provider who is providing | 3 | | care to the employee's family
member if applicable. | 4 | | (c) An employee is not eligible for family leave benefits | 5 | | under this Section for any week for which the
employee receives | 6 | | paid family leave. If an employer provides paid family leave, | 7 | | the employee may elect whether first to use the paid family | 8 | | leave or to receive family leave benefits under this Section.
| 9 | | An employee may not be required to use paid family leave to | 10 | | which the employee is entitled
before receiving family leave | 11 | | benefits under this Section. | 12 | | (d) This Section does not limit an employee's right to take | 13 | | leave from employment
under other laws or employer policy. | 14 | | (e) The eligibility of an employee for benefits is not | 15 | | affected by a strike or lockout at the
factory, establishment, | 16 | | or other premises at which the employee is or was last | 17 | | employed. | 18 | | (f) An employee who has received benefits under this | 19 | | Section may not lose any other
employment benefits, including | 20 | | seniority or pension rights, accrued before the date that
| 21 | | family leave commenced. However, this Section does not entitle | 22 | | an employee to accrue employment
benefits during a period of | 23 | | family leave or to a right, benefit, or position of employment
| 24 | | other than a right, benefit, or position to which the employee | 25 | | would have been
entitled had the employee not taken family | 26 | | leave. |
| | | 09900HB0166ham006 | - 12 - | LRB099 00218 JLS 47831 a |
|
| 1 | | (g) This Section does not diminish an employer's obligation | 2 | | to comply with a collective
bargaining agreement or an | 3 | | employment benefits program or plan that provides greater
| 4 | | benefits to employees than the benefits provided under this | 5 | | Section. | 6 | | (h) An agreement by an employee to waive the employee's | 7 | | rights under this Section is
void as contrary to public policy. | 8 | | The benefits under this Section may not be diminished by
a | 9 | | collective bargaining agreement or another employment benefits | 10 | | program or plan entered
into or renewed after the effective | 11 | | date of this Act. | 12 | | (i) This Section does not create a continuing entitlement | 13 | | or contractual right. | 14 | | Section 25. Disqualification from benefits. | 15 | | (a) An employee is disqualified from family leave benefits | 16 | | under this Act if the
employee: | 17 | | (1) willfully makes a false statement or | 18 | | misrepresentation regarding a material fact, or
willfully | 19 | | fails to disclose a material fact, to obtain benefits; | 20 | | (2) seeks benefits based on an intentionally | 21 | | self-inflicted serious health condition; or
| 22 | | (3) seeks benefits based on a serious health condition | 23 | | that resulted from the employee's
commission of a felony. | 24 | | (b) A disqualification for family leave benefits is for a | 25 | | period of 2 years, and
commences on the first day of the |
| | | 09900HB0166ham006 | - 13 - | LRB099 00218 JLS 47831 a |
|
| 1 | | calendar week in which the employee filed a claim for
benefits | 2 | | under this Act. An employee who is disqualified for benefits is | 3 | | liable to the Department for a penalty in an amount equal to | 4 | | 15% of the amount
of benefits received by the employee. | 5 | | Section 30. State Benefits Fund. | 6 | | (a) The State Benefits Fund is created as a special fund in | 7 | | the State treasury. Subject to appropriation, moneys in the | 8 | | Fund may be used for the payment of family leave benefits and | 9 | | for the administration of this Act. All interest and other | 10 | | earnings that accrue from investment of moneys in the Fund | 11 | | shall be credited to the Fund. | 12 | | (b) There is imposed a tax upon employees in the amount of | 13 | | 0.3% of wages as defined in Section 235 of the Unemployment | 14 | | Insurance Act. The Department shall by rule provide for the | 15 | | collection of this tax. | 16 | | The amount of the tax imposed under this Section, less | 17 | | refunds authorized by this Act, and all assessments and | 18 | | penalties collected under this Act shall be deposited into and | 19 | | credited to the Fund. | 20 | | (c) A separate account, to be known as the Administration | 21 | | Account, shall be maintained in the Fund. An amount determined | 22 | | by the Treasurer sufficient for proper administration, not to | 23 | | exceed, however, 0.1% of wages as defined in this Section, | 24 | | shall be credited to the Administration Account. The expenses | 25 | | of the Treasurer in administering the Fund and its accounts |
| | | 09900HB0166ham006 | - 14 - | LRB099 00218 JLS 47831 a |
|
| 1 | | shall be charged against the Administration Account. The costs | 2 | | of administration of this Act shall be charged to the | 3 | | Administration Account. | 4 | | (d) A separate account, to be known as the Family Leave | 5 | | Benefits Account, shall be maintained in the Fund. The account | 6 | | shall be charged with all benefit payments. Prior to July 1 of | 7 | | each calendar year, the Department shall determine the average | 8 | | rate of interest and other earnings on all investments of the | 9 | | Fund for the preceding calendar year. If there is an | 10 | | accumulated deficit in the Family Leave Benefits Account in | 11 | | excess of $200,000 at the end of any calendar year after | 12 | | interest and other earnings have been credited as provided in | 13 | | this Section, the Director shall determine the ratio of the | 14 | | deficit to the total of all taxable wages paid during the | 15 | | preceding calendar year and shall make an assessment against | 16 | | all employers in an amount equal to the taxable wages paid by | 17 | | them during the preceding calendar year to employees, | 18 | | multiplied by the ratio, but in no event shall any such | 19 | | assessment exceed 0.1% of such wages. The amounts shall be | 20 | | collectible by the Department in the same manner as provided | 21 | | for the collection of employer contributions under the | 22 | | Unemployment Insurance Act. In making this assessment, the | 23 | | Department shall furnish to each affected employer a brief | 24 | | summary of the determination of the assessment. The amount of | 25 | | such assessments collected by the Department shall be credited | 26 | | to the Family Leave Benefits Account.
As used in this Section, |
| | | 09900HB0166ham006 | - 15 - | LRB099 00218 JLS 47831 a |
|
| 1 | | "wages" means wages as provided in Section 235 of the | 2 | | Unemployment Insurance Act. | 3 | | (e) A board of trustees, consisting of the State Treasurer, | 4 | | the Secretary of State, the Director of Labor, the Director of | 5 | | Employment Security, and the State Comptroller, is hereby | 6 | | created. The board shall invest and reinvest all moneys in the | 7 | | Fund in excess of its cash requirements in obligations legal | 8 | | for savings banks. | 9 | | Section 35. Compensation for family leave. | 10 | | (a) An individual's weekly benefit rate shall be two-thirds | 11 | | of his or her average weekly wage, subject to a maximum of 53% | 12 | | of the Statewide average weekly wage paid to workers by | 13 | | employers, as determined pursuant to Section 401 of the | 14 | | Unemployment Insurance Act, provided, however, that the | 15 | | individual's benefit rate shall be computed to the next lower | 16 | | multiple of $1 if not already a multiple thereof. The amount of | 17 | | benefits for each day of family leave for which benefits are | 18 | | payable shall be one-seventh of the corresponding weekly | 19 | | benefit amount; provided that the total benefits for a | 20 | | fractional part of a week shall be computed to the next lower | 21 | | multiple of $1 if not already a multiple thereof. | 22 | | (b) With respect to any period of family leave and while an | 23 | | individual is an eligible employee, family benefits not in | 24 | | excess of the individual's maximum benefits shall be payable | 25 | | with respect to the first day of leave taken after the first |
| | | 09900HB0166ham006 | - 16 - | LRB099 00218 JLS 47831 a |
|
| 1 | | one-week period following the commencement of the period of | 2 | | family leave and each subsequent day of family leave during | 3 | | that period of family leave; and if benefits become payable on | 4 | | any day after the first 3 weeks in which leave is taken, then | 5 | | benefits shall also be payable with respect to any leave taken | 6 | | during the first one-week period in which leave is taken. The | 7 | | maximum total benefits payable to any eligible individual | 8 | | commencing on or after the effective date of this Act shall be | 9 | | 6 times the individual's weekly benefit amount or one-third of | 10 | | his or her total wages in his or her base year, whichever is | 11 | | the lesser; provided that the maximum amount shall be computed | 12 | | in the next lower multiple of $1 if not already a multiple | 13 | | thereof. | 14 | | (c) All of the family leave benefits paid to an eligible | 15 | | employee during a period of family leave with respect to any | 16 | | one birth or adoption shall be for a single continuous period | 17 | | of time, except that the employer of the eligible employee may | 18 | | permit the eligible employee to receive the family leave | 19 | | benefits during non-consecutive weeks in a manner mutually | 20 | | agreed to by the employer and the eligible employee and | 21 | | disclosed to the Department by the employer. | 22 | | (d) Nothing in this Act shall be construed to prohibit the | 23 | | establishment by an employer, without approval by the | 24 | | Department, of a supplementary plan or plans providing for the | 25 | | payment to employees, or to any class or classes of employees, | 26 | | of benefits in addition to the benefits provided by this Act or |
| | | 09900HB0166ham006 | - 17 - | LRB099 00218 JLS 47831 a |
|
| 1 | | to prohibit the collection or receipt of additional voluntary | 2 | | contributions from employees toward the cost of the additional | 3 | | benefits. The rights, duties, and responsibilities of all | 4 | | interested parties under the supplementary plans shall be | 5 | | unaffected by any provision of this Act.
| 6 | | Section 45. Hearings. A person aggrieved by a decision of | 7 | | the Department under this Act may request a hearing. The | 8 | | Department shall adopt rules governing hearings and the | 9 | | issuance of final orders under this Act in accordance with the | 10 | | provisions of the Illinois Administrative Procedure Act. All | 11 | | final administrative decisions of the Department under this Act | 12 | | are subject to judicial review under the Administrative Review | 13 | | Law. | 14 | | Section 50. Prohibited acts. No employer, temporary | 15 | | employment
agency, employment agency, employee organization, | 16 | | or other person shall discharge,
expel, or otherwise | 17 | | discriminate against a person because the person has filed or | 18 | | communicated
to the employer an intent to file a claim, a | 19 | | complaint, or an appeal or has testified or
is about to testify | 20 | | or has assisted in any proceeding, under this Act, at any time. | 21 | | Section 55. Penalties.
| 22 | | (a) A person who makes a false statement or representation, | 23 | | knowing it to be false, or knowingly fails to disclose a |
| | | 09900HB0166ham006 | - 18 - | LRB099 00218 JLS 47831 a |
|
| 1 | | material fact to obtain or increase any family leave benefit | 2 | | during a period of family leave, either for himself or herself | 3 | | or for any other person, shall be liable for a civil penalty of | 4 | | $250 to be paid to the Department. Each such false statement or | 5 | | representation or failure to disclose a material fact shall | 6 | | constitute a separate offense. Upon refusal to pay such civil | 7 | | penalty, the civil penalty shall be recovered in a civil action | 8 | | by the Attorney General on behalf the Department in the name of | 9 | | the State of Illinois. If, in any case in which liability for | 10 | | the payment of a civil penalty has been determined, any person | 11 | | who has received any benefits under this Act by reason of the | 12 | | making of such false statements or representations or failure | 13 | | to disclose a material fact shall not be entitled to any | 14 | | benefits under this Act for any leave occurring prior to the | 15 | | time he or she has discharged his or her liability to pay the | 16 | | civil penalty.
| 17 | | (b) A person who willfully violates any provision of this | 18 | | Act or any rule adopted under this Act for which a civil | 19 | | penalty is neither prescribed in this Act nor provided by any | 20 | | other applicable law shall be subject to a civil penalty of | 21 | | $500 to be paid to the Department. Upon the refusal to pay such | 22 | | civil penalty, the civil penalty shall be recovered in a civil | 23 | | action by the Attorney General on behalf of the Department in | 24 | | the name of the State of Illinois. | 25 | | (c) A person, employing unit, employer, or entity violating | 26 | | any provision of this Section with intent to defraud the |
| | | 09900HB0166ham006 | - 19 - | LRB099 00218 JLS 47831 a |
|
| 1 | | Department is guilty of a Class C misdemeanor. The fine upon | 2 | | conviction shall be payable to the Fund. Any penalties imposed | 3 | | by this subsection shall be in addition to those otherwise | 4 | | prescribed in this Section. | 5 | | Section 70. Leave and employment protection. | 6 | | (a) During a period in which an employee receives family | 7 | | leave benefits or earns waiting period credits under this Act, | 8 | | the employee is entitled to family leave and, at the | 9 | | established ending date of leave, to be restored to a position | 10 | | of employment with the employer from whom leave was taken as | 11 | | provided under subsection (b). | 12 | | (b) Except as provided in subsection (f), an employee who | 13 | | receives family leave benefits under this Act for the intended | 14 | | purpose of the family leave is entitled, on return from the | 15 | | leave: | 16 | | (1) to be restored by the employer to the position of | 17 | | employment held by the employee when the 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 a workplace within 20 miles of | 22 | | the employee's workplace when the family leave commenced. | 23 | | (c) The taking of family leave under this Act may not | 24 | | result in the loss of any employment benefits accrued before | 25 | | the date on which the family leave commenced. |
| | | 09900HB0166ham006 | - 20 - | LRB099 00218 JLS 47831 a |
|
| 1 | | (d) Nothing in this Section entitles a restored employee | 2 | | to:
| 3 | | (1) the accrual of any seniority or employment benefits | 4 | | during any period of family leave; or | 5 | | (2) any right, benefit, or position of employment other | 6 | | than any right, benefit, or position to which the employee | 7 | | would have been entitled to had the employee not taken the | 8 | | family leave. | 9 | | (e) Nothing in this Section prohibits an employer from | 10 | | requiring an employee on family leave to report periodically to | 11 | | the employer on the status and intention of the employee to | 12 | | return to work. | 13 | | (f) An employer may deny restoration under subsection (b) | 14 | | to a salaried employee who is among the highest paid 10% of the | 15 | | employees employed by the employer within 75 miles of the | 16 | | facility at which the employee is employed if: | 17 | | (1) denial is necessary to prevent substantial and | 18 | | grievous economic injury to the operations of the employer; | 19 | | (2) the employer notifies the employee of the intent of | 20 | | the employer to deny restoration on such basis at the time | 21 | | the employer determines that the injury would occur; and
| 22 | | (3) the family leave has commenced and the employee | 23 | | elects not to return to employment after receiving the | 24 | | notice. | 25 | | (g) This Section applies to an employee only if: | 26 | | (1) the employer from whom the employee takes family |
| | | 09900HB0166ham006 | - 21 - | LRB099 00218 JLS 47831 a |
|
| 1 | | leave employs more than 50 employees; and | 2 | | (2) the employee has been employed for at least 12 | 3 | | months by that employer, and for at least 1,250 hours of | 4 | | service with that employer during the previous 12-month | 5 | | period.
| 6 | | Section 75. Notice to employer. | 7 | | (a) If the necessity for family leave for the birth or | 8 | | placement of a child is foreseeable based on an expected birth | 9 | | or placement, the employee shall provide the employer with not | 10 | | less than 30 days' notice, before the date the leave is to | 11 | | begin, of the employee's intention to take leave for the birth | 12 | | or placement of a child, except that if the date of the birth | 13 | | or placement requires leave to begin in less than 30 days, the | 14 | | employee shall provide such notice as is practicable.
| 15 | | (b) If the necessity for family leave for a family member's | 16 | | serious health condition is foreseeable based on planned | 17 | | medical treatment, the employee: | 18 | | (1) must make a reasonable effort to schedule the | 19 | | treatment so as not to disrupt unduly the operations of the | 20 | | employer; and | 21 | | (2) must provide the employer with not less than 30 | 22 | | days' notice, before the date the leave is to begin, of the | 23 | | employee's intention to take leave for a family member's | 24 | | serious health condition, except that if the date of the | 25 | | treatment requires leave to begin in less than 30 days, the |
| | | 09900HB0166ham006 | - 22 - | LRB099 00218 JLS 47831 a |
|
| 1 | | employee must provide such notice as is practicable. | 2 | | Section 80. Employment by same employer. If spouses who are | 3 | | entitled to leave under this Act are employed by the same | 4 | | employer, the employer may require that spouses not take such | 5 | | leave concurrently. | 6 | | Section 85. Coordination of leave. | 7 | | (a) Family leave taken under this Act must be taken | 8 | | concurrently with any leave taken under the federal Family and | 9 | | Medical Leave Act of 1993. | 10 | | (b) An employer may require that family leave taken under | 11 | | this Act be taken concurrently or otherwise coordinated with | 12 | | leave allowed under the terms of a collective bargaining | 13 | | agreement or employer policy, as applicable, for the birth or | 14 | | placement of a child. The employer must give his or her | 15 | | employees written notice of this requirement. | 16 | | Section 90. Rules. The Department may adopt any rules | 17 | | necessary to implement the provisions of this Act. In adopting | 18 | | rules, the Department shall maintain consistency with the | 19 | | regulations adopted to implement the federal Family and Medical | 20 | | Leave Act of 1993 to the extent such regulations are not in | 21 | | conflict with this Act.
| 22 | | Section 100. Authority to contract. The Department may |
| | | 09900HB0166ham006 | - 23 - | LRB099 00218 JLS 47831 a |
|
| 1 | | contract or enter into interagency agreements with other State | 2 | | agencies for the initial administration of the Family Leave | 3 | | Program. | 4 | | Section 175. Severability. The provisions of this Act are | 5 | | severable under Section 1.31 of the Statute on Statutes. | 6 | | Section 900. The State Finance Act is amended by adding | 7 | | Section 5.875 as follows: | 8 | | (30 ILCS 105/5.875 new) | 9 | | Sec. 5.875. The State Benefits Fund. | 10 | | Section 999. Effective date. This Act takes effect upon | 11 | | becoming law.".
|
|