Full Text of HB5359 99th General Assembly
HB5359ham001 99TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 3/7/2016
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| 1 | | AMENDMENT TO HOUSE BILL 5359
| 2 | | AMENDMENT NO. ______. Amend House Bill 5359 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Paid | 5 | | Family Leave Act. | 6 | | Section 5. Declaration of policy and intent. | 7 | | (a) It is the public policy of this State to protect | 8 | | working families against the economic hardship caused by the | 9 | | need to take time off from work to care for family members who | 10 | | are incapable of self-care, including newborn and newly adopted | 11 | | children. The growing portion of middle-income families in | 12 | | which all adult family members work, largely due to economic | 13 | | necessity, points to the desperate need for replacement income | 14 | | when a working family member must take time to care for family | 15 | | members who are unable to take care of themselves. | 16 | | Moreover, many women are single mothers or the primary |
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| 1 | | breadwinners for their families. If any of these women take an | 2 | | unpaid maternity leave, her whole family, and Illinois, | 3 | | suffers. | 4 | | The United States is the only industrialized nation in the | 5 | | world that does not have a mandatory workplace-based program | 6 | | for such income support. | 7 | | It is therefore desirable and necessary to develop systems | 8 | | that help families adapt to the competing interests of work and | 9 | | home which not only benefit workers, but also benefit employers | 10 | | by reducing employee turnover and increasing worker | 11 | | productivity. | 12 | | (b) It is the intent of the General Assembly to create a | 13 | | family leave program to relieve the serious menace to health, | 14 | | morals, and welfare of Illinois families, to increase workplace | 15 | | productivity, and to alleviate the enormous and growing stress | 16 | | on working families of balancing the demands of work and family | 17 | | needs. The family leave program shall compliment the State's | 18 | | unemployment insurance program, shall be funded through | 19 | | employee contributions, and shall be administered in | 20 | | accordance with the policies of the State unemployment | 21 | | insurance program. Initial and ongoing administrative costs | 22 | | associated with the family leave program shall be payable from | 23 | | the State Benefits Fund. | 24 | | Section 10. Definitions. In this Act: | 25 | | (1)(A) "Average weekly wage" means the amount derived by |
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| 1 | | dividing a covered employee's total wages earned from the | 2 | | employee's most recent covered employer during the base weeks | 3 | | in the 8 calendar weeks immediately preceding the calendar week | 4 | | in which a period of family leave commenced by the number of | 5 | | such base weeks. | 6 | | (B) If the computation in paragraph (A) yields a result | 7 | | that is less than the employee's average weekly earnings in | 8 | | employment with all covered employers during the base weeks in | 9 | | such 8 calendar weeks, then the average weekly wage shall be | 10 | | computed on the basis of earnings from all covered employers | 11 | | during the base weeks in the 8 calendar weeks immediately | 12 | | preceding the week in which the period of family leave | 13 | | commenced. | 14 | | (C) For periods of family leave, if the computations in | 15 | | paragraphs (A) and (B) both yield a result which is less than | 16 | | the employee's average weekly earnings in employment with all | 17 | | covered employers during the base weeks in the 26 calendar | 18 | | weeks immediately preceding the week in which the period of | 19 | | family leave commenced, then the average weekly wage shall, | 20 | | upon a written request to the Department by the employee on a | 21 | | form provided by the Department, be computed by the Department | 22 | | on the basis of earnings from all covered employers of the | 23 | | employee during the base weeks in those 26 calendar weeks. | 24 | | (2) "Base hours" means the hours or work for which an | 25 | | employee receives compensation. Base hours includes overtime | 26 | | hours for which the employee is paid additional or overtime |
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| 1 | | compensation and hours for which the employee receives workers' | 2 | | compensation benefits. Base hours also includes hours an | 3 | | employee would have worked except for having been in military | 4 | | service. At the option of the employer, base hours may include | 5 | | hours for which the employee receives other types of | 6 | | compensation, such as administrative, personal leave, vacation | 7 | | or sick leave. | 8 | | (3) "Base salary" means the salary paid to an employee, | 9 | | excluding overtime and bonuses, but not excluding salary | 10 | | withheld for State, federal, and local taxes, FICA, and | 11 | | employee contributions to any pension or health or other | 12 | | insurance plans or programs.
| 13 | | (4) "Care" includes, but is not limited to, physical care, | 14 | | emotional support, visitation, arranging for a change in care, | 15 | | assistance with essential daily living matters, and personal | 16 | | attendant services. | 17 | | (5) "Child" means a biological, adopted, or foster child, | 18 | | stepchild, or legal ward of an eligible employee, child of a | 19 | | domestic partner of the eligible employee, or child of a civil | 20 | | union partner of the eligible employee, who is less than 19 | 21 | | years of age or is 19 years of age or older, but incapable of | 22 | | self-care because of a mental or physical impairment. | 23 | | (6) "Civil union" means a civil union as defined in the | 24 | | Illinois Religious Freedom Protection and Civil Union Act.
| 25 | | (7) "Consecutive leave" means leave that is taken without | 26 | | interruption based upon an employee's regular work schedule and |
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| 1 | | does not include breaks in employment in which an employee is | 2 | | not regularly scheduled to work. For example, when an employee | 3 | | is normally scheduled to work from September through June and | 4 | | is not scheduled to work during July and August, a leave taken | 5 | | continuously during May, June, and September shall be | 6 | | considered a consecutive leave. | 7 | | (8) "Department" means the Department of Employment | 8 | | Security.
| 9 | | (9) "Director" means the Director of Employment Security | 10 | | and any transaction or exercise of authority by the Director | 11 | | shall be deemed to be performed by the Department.
| 12 | | (10) "Eligible employee" means an employee employed by the | 13 | | same employer in the State of Illinois for 12 months or more | 14 | | who has worked 1,000 or more base hours during the preceding | 15 | | 12-month period. An employee is considered to be employed in | 16 | | the State of Illinois if: | 17 | | (A) the employee works in Illinois; or | 18 | | (B) the employee routinely performs some work in | 19 | | Illinois and the employee's base of operations or the place | 20 | | from which the work is directed and controlled is in | 21 | | Illinois. | 22 | | (11) "Employer" means any partnership, association, trust, | 23 | | estate, joint-stock company, insurance company, or | 24 | | corporation, whether domestic or foreign, or the receiver, | 25 | | trustee in bankruptcy, trustee, or person that has in its | 26 | | employ one or more employees performing services for it within |
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| 1 | | this State. "Employer" also includes any employer subject to | 2 | | the Unemployment Insurance Act, except the State, its political | 3 | | subdivisions, and any instrumentality of the State unless the | 4 | | governmental entity elects to become a covered employer. 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 to (A) participate in the | 13 | | providing of care for a family member of the eligible employee | 14 | | made necessary by a serious health condition of the family | 15 | | member; or (B) be with a child during the first 12 months after | 16 | | the child's birth, if the employee, or the party to a civil | 17 | | union with the employee, is a biological parent of the child, | 18 | | or the first 12 months after the placement of the child for | 19 | | adoption with the employee. "Family leave" does not include any | 20 | | period of time during which an eligible employee is paid | 21 | | benefits pursuant to the Workers' Compensation Act or the | 22 | | Unemployment Insurance Act because the employee is unable to | 23 | | perform the duties of the employee's employment due to the | 24 | | employee's own disability. | 25 | | (14) "Family leave benefits" means any payments that are | 26 | | payable to an eligible employee for all or part of a period of |
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| 1 | | family leave. | 2 | | (15) "Health care provider" means any person licensed under | 3 | | federal, State, or local law or the laws of a foreign nation to | 4 | | provide health care services or any other person who has been | 5 | | authorized to provide health care by a licensed health care | 6 | | provider.
| 7 | | (16) "Intermittent leave" means a non-consecutive leave | 8 | | comprised of intervals each of which is at least one, but less | 9 | | than 12, weeks within a consecutive 12-month period. | 10 | | (17) "Parent of an eligible employee" means a biological | 11 | | parent, foster parent, adoptive parent, or stepparent of the | 12 | | eligible employee or a person who was a legal guardian of the | 13 | | eligible employee when the eligible employee was a child. | 14 | | (18) "Placement for adoption" means the time when an | 15 | | eligible employee adopts a child or becomes responsible for a | 16 | | child pending adoption by the eligible employee. | 17 | | (19) "Reduced leave schedule" means a reduced leave that is | 18 | | scheduled for not more than 24 consecutive weeks. | 19 | | (20) "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 | | (21) "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 |
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| 1 | | with the first day that the employee first establishes the | 2 | | claim. | 3 | | (22) "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; duration; certification. | 8 | | (a) An eligible employee may take 12 weeks of family leave | 9 | | within any 24-month period in order to provide care made | 10 | | necessary by reason of: | 11 | | (1) the birth of a child of the employee; | 12 | | (2) the placement for adoption of a child with an | 13 | | employee; or | 14 | | (3) the serious health condition of family member of | 15 | | the employee.
| 16 | | (b) If an eligible employee take less than 12 weeks of | 17 | | family leave for any of the reasons specified in subsection | 18 | | (a), the employee shall be entitled to take additional leave | 19 | | for any of those reasons provided that the total leave taken | 20 | | does not exceed 12 weeks in any consecutive 24-month period and | 21 | | the other qualifications and restrictions contained in this Act | 22 | | attendant to each type of leave are not abridged. | 23 | | (c) An eligible employee is entitled to up to 12 | 24 | | consecutive weeks of family leave in order to care for the | 25 | | employee's newly born child or child placed for adoption with |
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| 1 | | the employee. An employee is entitled to a family leave for the | 2 | | birth or adoption of a child if the employer falls within the | 3 | | statutory definition of employer at the time leave commences | 4 | | and commencement of the leave begins within one year after the | 5 | | birth or adoption of the child. An employee taking a family | 6 | | leave for either of these reasons may take the leave | 7 | | intermittently or on a reduced leave schedule only if agreed to | 8 | | by the employee and the employer. An employee who takes a leave | 9 | | for these purposes shall provide the employer with notice no | 10 | | later than 30 days prior to the commencement of the leave, | 11 | | except where emergent circumstances warrant shorter notice. | 12 | | (d) An employee whose family member has a serious health | 13 | | condition is entitled to up to 12 weeks of family leave taken | 14 | | on a consecutive, reduced leave, or, when medically necessary, | 15 | | intermittent basis. The care that an employee provides need not | 16 | | be exclusive and may be given in conjunction with any other | 17 | | care provided. When requesting family leave on an intermittent | 18 | | basis or reduced leave schedule, the employee shall make a | 19 | | reasonable effort to schedule the leave so as not to unduly | 20 | | disrupt the operations of the employer.
| 21 | | An employee who takes a leave in connection with the | 22 | | serious health condition of a family member shall provide the | 23 | | employer with notice no later than 30 days prior to the | 24 | | commencement of the leave except where emergent circumstances | 25 | | warrant shorter notice. | 26 | | For purposes of this subsection, the total time within |
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| 1 | | which an intermittent leave is taken may not exceed a 12-month | 2 | | period if the leave is taken in connection with a single | 3 | | serious health condition. Intermittent leaves taken in | 4 | | connection with more than one serious health condition must be | 5 | | taken within a consecutive 24-month period or until the time as | 6 | | the employee's 12-week family leave entitlement is exhausted, | 7 | | whichever is shorter. Any remaining family leave to which the | 8 | | employee is entitled subsequent to the expiration of any or all | 9 | | intermittent leaves may be taken in a manner consistent with | 10 | | this Act.
| 11 | | For purposes of this subsection, an employee taking a | 12 | | family leave on a reduced leave schedule shall not be entitled | 13 | | to the leave for more than a consecutive 24-week period. An | 14 | | eligible employee shall be entitled to only one leave on a | 15 | | reduced leave schedule during any consecutive 24-month period. | 16 | | Any remaining family leave to which the employee is entitled | 17 | | subsequent to the expiration of a leave taken on a reduced | 18 | | leave schedule may be taken on a consecutive or intermittent | 19 | | basis. | 20 | | If an employee needs intermittent leave or leave on a | 21 | | reduced leave schedule that is foreseeable based on care of, or | 22 | | planned medical treatment for, a family member or if an | 23 | | employer agrees to permit an employee intermittent or reduced | 24 | | schedule leave for the birth of a child or placement of a child | 25 | | for adoption, the employer may require the employee during the | 26 | | period of leave to temporarily transfer to an available |
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| 1 | | alternative position for which the employee is qualified and | 2 | | which better accommodates recurring periods of leave than does | 3 | | the employee's regular position. The alternative position must | 4 | | have equivalent pay and benefits to the employee's regular | 5 | | position. An employer may not transfer an employee to an | 6 | | alternative position in order to discourage the employee from | 7 | | taking leave or otherwise work a hardship on the employee. When | 8 | | an employee who is taking leave intermittently or on a reduced | 9 | | leave schedule and has been transferred to an alternative | 10 | | position is able to return to full-time work, he or she must be | 11 | | placed in the same or equivalent job as the one he or she left | 12 | | when the leave commenced. | 13 | | (e) An employee's entitlement to return to work prior to | 14 | | the prearranged expiration of a requested family leave shall be | 15 | | governed by the employer's policy with respect to other leaves | 16 | | of absence. | 17 | | If an employer permits an employee to return to work prior | 18 | | to the prearranged expiration of other leaves, then that policy | 19 | | shall similarly govern an employee's entitlement to return to | 20 | | work prior to the prearranged expiration of the requested | 21 | | family leave. | 22 | | If an employer does not permit an employee to return to | 23 | | work prior to the prearranged expiration of other leaves, then | 24 | | the employee is not entitled to return to work prior to the | 25 | | prearranged expiration of family leave. | 26 | | An employer that does not have a policy of either |
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| 1 | | permitting or denying an employee to return to work prior to | 2 | | the prearranged expiration of any other leave of absence shall | 3 | | permit an employee to return to work prior to the prearranged | 4 | | expiration of requested family leave if the early return of the | 5 | | employee will not cause the employer undue hardship, such as, | 6 | | requiring the employer to incur the expense of continuing the | 7 | | employment of a temporary employee who was hired to replace the | 8 | | employee who is taking family leave.
| 9 | | (f) An employer shall not require an employee to take a | 10 | | leave of absence beyond the period of time that an employee | 11 | | requests family leave. | 12 | | (g) In determining the 24-month period in which the 12 | 13 | | weeks of leave shall be granted under this Act, an employer may | 14 | | choose from any of the following methods:
| 15 | | (1) the calendar year; | 16 | | (2) any fixed "leave year", such as a fiscal year or a | 17 | | year starting on an employee's anniversary date; | 18 | | (3) the 24-month period measured forward from the date | 19 | | any employee's first leave under this Act begins; or | 20 | | (4) a "rolling" 24-month period measured backward from | 21 | | the date an employee uses any leave under this Act.
| 22 | | (h) An employer may choose any method of determining the | 23 | | 24-month period listed in subsection (g), provided that | 24 | | employees are notified of the alternative chosen and the | 25 | | alternative chosen is applied consistently and uniformly to all | 26 | | employees. An employer wishing to change to another alternative |
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| 1 | | is required to give at least 60 days' notice to all employees, | 2 | | and the transition must take place in such a way that the | 3 | | employees retain the full benefit of 12 weeks of leave under | 4 | | whichever method affords the greatest benefit to the employee. | 5 | | Under no circumstances may a new method be implemented in order | 6 | | to avoid this Act's leave requirements. If an employer fails to | 7 | | select one of the options listed in subsection (g) for | 8 | | measuring the 24-month period, the option that provides the | 9 | | most beneficial outcome for the employee shall be used. | 10 | | (i) Any period of family leave for the serious health | 11 | | condition of a family member of the eligible employee shall be | 12 | | supported by certification provided by a health care provider. | 13 | | The certification shall be sufficient if it states:
| 14 | | (1) the date, if known, on which the serious health | 15 | | condition commenced; | 16 | | (2) the probable duration of the condition; | 17 | | (3) the medical facts within the knowledge of the | 18 | | provider of the certification regarding the condition; | 19 | | (4) a statement that the serious health condition | 20 | | warrants the participation of the covered employee in | 21 | | providing health care, as provided in this Act and rules | 22 | | adopted pursuant to this Act;
| 23 | | (5) an estimate of the amount of time of the eligible | 24 | | employee that is needed for participation in the care of | 25 | | the family member; | 26 | | (6) if the leave is intermittent, a statement of the |
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| 1 | | medical necessity for the intermittent leave and the | 2 | | expected duration of the intermittent leave; and | 3 | | (7) if the leave is intermittent and for planned | 4 | | medical treatment, the dates of the treatment. | 5 | | (j) An eligible employee claiming benefits to provide care | 6 | | for a family member with a serious health condition under this | 7 | | Act shall, if requested by the Department, have the family | 8 | | member submit to an examination by a health care provider | 9 | | designated by the Department. The examinations shall not be | 10 | | more frequent than once a week, shall be made without cost to | 11 | | the claimant, and shall be held at a reasonable time and place. | 12 | | Refusal of the family member to submit to an examination | 13 | | requested pursuant to this subsection shall disqualify the | 14 | | claimant from all benefits for the period in question except | 15 | | from benefits already paid. | 16 | | Section 20. Compensation for family leave. | 17 | | (a) An individual's weekly benefit rate shall be two-thirds | 18 | | of his or her average weekly wage, subject to a maximum of 53% | 19 | | of the Statewide average weekly wage paid to workers by | 20 | | employers, as determined pursuant to Section 401 of the | 21 | | Unemployment Insurance Act, provided, however, that the | 22 | | individual's benefit rate shall be computed to the next lower | 23 | | multiple of $1 if not already a multiple thereof. The amount of | 24 | | benefits for each day of family leave for which benefits are | 25 | | payable shall be one-seventh of the corresponding weekly |
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| 1 | | benefit amount; provided that the total benefits for a | 2 | | fractional part of a week shall be computed to the next lower | 3 | | multiple of $1 if not already a multiple thereof. | 4 | | (b) With respect to any period of family leave and while an | 5 | | individual is an eligible employee, family benefits not in | 6 | | excess of the individual's maximum benefits shall be payable | 7 | | with respect to the first day of leave taken after the first | 8 | | one-week period following the commencement of the period of | 9 | | family leave and each subsequent day of family leave during | 10 | | that period of family leave; and if benefits become payable on | 11 | | any day after the first 3 weeks in which leave is taken, then | 12 | | benefits shall also be payable with respect to any leave taken | 13 | | during the first one-week period in which leave is taken. The | 14 | | maximum total benefits payable to any eligible individual | 15 | | commencing on or after the effective date of this Act shall be | 16 | | 6 times the individual's weekly benefit amount or one-third of | 17 | | his or her total wages in his or her base year, whichever is | 18 | | the lesser; provided that the maximum amount shall be computed | 19 | | in the next lower multiple of $1 if not already a multiple | 20 | | thereof. | 21 | | (c) All of the family leave benefits paid to an eligible | 22 | | employee during a period of family leave with respect to any | 23 | | one birth or adoption shall be for a single continuous period | 24 | | of time, except that the employer of the eligible employee may | 25 | | permit the eligible employee to receive the family leave | 26 | | benefits during non-consecutive weeks in a manner mutually |
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| 1 | | agreed to by the employer and the eligible employee and | 2 | | disclosed to the Department by the employer. | 3 | | (d) Nothing in this Act shall be construed to prohibit the | 4 | | establishment by an employer, without approval by the | 5 | | Department, of a supplementary plan or plans providing for the | 6 | | payment to employees, or to any class or classes of employees, | 7 | | of benefits in addition to the benefits provided by this Act or | 8 | | to prohibit the collection or receipt of additional voluntary | 9 | | contributions from employees toward the cost of the additional | 10 | | benefits. The rights, duties, and responsibilities of all | 11 | | interested parties under the supplementary plans shall be | 12 | | unaffected by any provision of this Act.
| 13 | | Section 25. Limitations on benefits.
| 14 | | (a) Family leave shall be compensable subject to the | 15 | | limitations of this Act for any period of family leave taken by | 16 | | an eligible employee which commences after effective date of | 17 | | this Act. | 18 | | (b) An employee shall not simultaneously receive benefits | 19 | | for family leave under this Act and any other benefits pursuant | 20 | | the Workers' Compensation Act or the Unemployment Insurance | 21 | | Act. | 22 | | (c) The employer of an employee may, notwithstanding any | 23 | | other provision of law, permit or require the employee, during | 24 | | a period of family leave, to use any paid sick leave, vacation | 25 | | time, or other leave at full pay made available by the employer |
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| 1 | | before the employee is eligible for family leave benefits | 2 | | except that the employer may not require the employee to use | 3 | | more than 2 weeks' worth of leave at full pay. The employer may | 4 | | also have the total number of days' worth of benefits paid | 5 | | pursuant to this Act to the employee during a period of family | 6 | | leave reduced by the number of days of leave at full pay paid | 7 | | by the employer to the employee during that period. If the | 8 | | employer requires the employee to use leave at full pay, the | 9 | | employee shall be permitted to take that fully paid leave | 10 | | during the waiting period required pursuant to this Act. | 11 | | Nothing in this Act shall be construed as nullifying any | 12 | | provision of an existing collective bargaining agreement or | 13 | | employer policy or preventing any new provision of a collective | 14 | | bargaining agreement or employer policy that provides | 15 | | employees more generous leave or gives employees greater rights | 16 | | to select which kind of leave is used or select the order in | 17 | | which the different kinds of leave are used. Nothing in this | 18 | | Act shall be construed as preventing an employer from providing | 19 | | more generous benefits than are provided under this Act or | 20 | | providing benefits that supplement the benefits provided under | 21 | | this Act for some or all of the employer's employees. | 22 | | (d) An employee who is entitled to leave under the | 23 | | provisions of this Act or the federal Family and Medical Leave | 24 | | Act of 1993, 29 U.S.C. 2601 et seq., shall take any benefits | 25 | | provided for family leave pursuant to this Act concurrently | 26 | | with leave taken pursuant to this Act or the federal Family and |
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| 1 | | Medical Leave Act of 1993, 29 U.S.C. 2601 et seq. Nothing in | 2 | | this Act shall be construed to grant an employee any | 3 | | entitlement to be restored by the employer to the job position | 4 | | held by the employee prior to taking family leave or any right | 5 | | to take action against an employer who refuses to restore the | 6 | | employee to his or her job position after the leave. Nothing in | 7 | | this Act shall be construed to increase, reduce, or otherwise | 8 | | modify any entitlement of an employee to return to employment | 9 | | or right of the employee to take action under the provisions of | 10 | | this Act or the federal Family and Medical Leave Act of 1993, | 11 | | 29 U.S.C. 2601 et seq. If an employee receives benefits for | 12 | | family leave pursuant to this Act with respect to employment | 13 | | with an employer who is not an employer as defined in this Act | 14 | | and that employer fails or refuses to restore the employee to | 15 | | employment after the period of family leave, that failure or | 16 | | refusal shall not be a wrongful discharge in violation of a | 17 | | clear mandate of public policy, and the employee shall not have | 18 | | a cause of action against that employer, in tort, or for breach | 19 | | of an implied provision of the employment agreement, or under | 20 | | common law, for that failure or refusal. | 21 | | (e) An employee taking family leave or an employer from | 22 | | whom the employee is taking the leave shall have the same right | 23 | | to appeal a determination of a benefit for the family leave | 24 | | made under this Act. | 25 | | (f) In the event of a period of family leave of any | 26 | | eligible employee, the employer shall, not later than the ninth |
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| 1 | | day of the period of family leave, including any waiting period | 2 | | or time during which the employer provides sick leave, | 3 | | vacation, or other fully paid leave, issue to the employee and | 4 | | to the Department printed notices on Department forms | 5 | | containing the name, address, and social security number of the | 6 | | employee, the wage information as the Department may require to | 7 | | determine the employee's eligibility for benefits, including | 8 | | any sick pay, vacation, or other fully paid time off provided | 9 | | by the employer during the period of family leave, and the | 10 | | name, address, and tax identification number of the employer. | 11 | | Not later than 30 days after the commencement of the period of | 12 | | family leave for which the notice is furnished by the employer, | 13 | | the employee shall furnish to the Department a notice and claim | 14 | | for family leave benefits. Upon the submission of the notices | 15 | | by the employer and the employee, the Department may issue | 16 | | benefit payments. In the case of family leave taken to care for | 17 | | a family member with a serious health condition, the benefits | 18 | | may be paid for periods not exceeding 3 weeks pending the | 19 | | receipt of the certification required pursuant to this Act. | 20 | | Failure to furnish notice and certification in the manner as | 21 | | required shall not invalidate or reduce any claim if it is | 22 | | shown to the satisfaction of the Department not to have been | 23 | | reasonably possible to furnish the notice and certification and | 24 | | that the notice and certification was furnished as soon as | 25 | | reasonably possible. | 26 | | (g) A covered employer shall conspicuously post |
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| 1 | | notification, in a place or places accessible to all employees | 2 | | in each of the employer's workplaces by a form issued under | 3 | | rules adopted by the Department, of each covered employee's | 4 | | rights regarding benefits payable pursuant to this Section. The | 5 | | employer shall also provide each employee with a written copy | 6 | | of the notification:
| 7 | | (1) not later than 30 days after the form of the | 8 | | notification is
adopted by rule; | 9 | | (2) at the time of the employee's hiring, if the | 10 | | employee is hired after the adoption of the rule; | 11 | | (3) whenever the employee notifies the employer that | 12 | | the employee is taking time off for circumstances under | 13 | | which the employee is eligible for benefits pursuant to | 14 | | this Section; and | 15 | | (4) at any time, upon the first request of the | 16 | | employee.
| 17 | | Section 30. State Benefits Fund. | 18 | | (a) The State Benefits Fund is created as a special fund in | 19 | | the State treasury. Subject to appropriation, moneys in the | 20 | | Fund may be used for the payment of family leave benefits and | 21 | | for the administration of this Act. All interest and other | 22 | | earnings that accrue from investment of moneys in the Fund | 23 | | shall be credited to the Fund. | 24 | | (b) There is imposed a tax upon employees in the amount of | 25 | | 0.3% of wages as defined in Section 235 of the Unemployment |
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| 1 | | Insurance Act. The Department shall by rule provide for the | 2 | | collection of this tax. | 3 | | The amount of the tax imposed under this Section, less | 4 | | refunds authorized by this Act, and all assessments and | 5 | | penalties collected under this Act shall be deposited into and | 6 | | credited to the Fund. | 7 | | (c) A separate account, to be known as the Administration | 8 | | Account, shall be maintained in the Fund. An amount determined | 9 | | by the Treasurer sufficient for proper administration, not to | 10 | | exceed, however, 0.1% of wages as defined in this Section, | 11 | | shall be credited to the Administration Account. The expenses | 12 | | of the Treasurer in administering the Fund and its accounts | 13 | | shall be charged against the Administration Account. The costs | 14 | | of administration of this Act shall be charged to the | 15 | | Administration Account. | 16 | | (d) A separate account, to be known as the Family Leave | 17 | | Benefits Account, shall be maintained in the Fund. The account | 18 | | shall be charged with all benefit payments. Prior to July 1 of | 19 | | each calendar year, the Department shall determine the average | 20 | | rate of interest and other earnings on all investments of the | 21 | | Fund for the preceding calendar year. If there is an | 22 | | accumulated deficit in the Family Leave Benefits Account in | 23 | | excess of $200,000 at the end of any calendar year after | 24 | | interest and other earnings have been credited as provided in | 25 | | this Section, the Director shall determine the ratio of the | 26 | | deficit to the total of all taxable wages paid during the |
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| 1 | | preceding calendar year and shall make an assessment against | 2 | | all employers in an amount equal to the taxable wages paid by | 3 | | them during the preceding calendar year to employees, | 4 | | multiplied by the ratio, but in no event shall any such | 5 | | assessment exceed 0.1% of such wages. The amounts shall be | 6 | | collectible by the Department in the same manner as provided | 7 | | for the collection of employer contributions under the | 8 | | Unemployment Insurance Act. In making this assessment, the | 9 | | Department shall furnish to each affected employer a brief | 10 | | summary of the determination of the assessment. The amount of | 11 | | such assessments collected by the Department shall be credited | 12 | | to the Family Leave Benefits Account.
As used in this Section, | 13 | | "wages" means wages as provided in Section 235 of the | 14 | | Unemployment Insurance Act. | 15 | | (e) A board of trustees, consisting of the State Treasurer, | 16 | | the Secretary of State, the Director of Labor, the Director of | 17 | | Employment Security, and the State Comptroller, is hereby | 18 | | created. The board shall invest and reinvest all moneys in the | 19 | | Fund in excess of its cash requirements in obligations legal | 20 | | for savings banks. | 21 | | Section 35. Assessment of costs of administration. If | 22 | | officers or employees of the Department of Employment Security | 23 | | perform duties in part related to the administration of this | 24 | | Act and there are expenses otherwise incurred jointly in | 25 | | connection with administration of other Acts, the Department |
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| 1 | | shall make an equitable apportionment to determine the portion | 2 | | of total expense to be charged to administration of this Act. | 3 | | So far as possible, the apportionment shall be based upon | 4 | | records to be maintained with respect to activities undertaken | 5 | | in administering this Act. | 6 | | Section 40. Postings, notice, and claims. | 7 | | (a) An employer shall post, in prominent locations, notices | 8 | | to employees in the form provided by the Department of whether | 9 | | the employer is permitted or required to participate in a | 10 | | family leave program pursuant to this Act and whether the | 11 | | employer does or does not participate. For employers who | 12 | | participate in a family leave program, the notice shall also | 13 | | describe the family leave benefits available to the employees | 14 | | and prominently disclose that pregnancy is regarded by law as a | 15 | | disability and subject to the Illinois Human Rights Act. Upon | 16 | | the request of an employer, the Department shall, without | 17 | | charge, provide the employer with a copy of each applicable | 18 | | notice, suitable for reproduction by the employer. The employer | 19 | | shall give a printed copy of benefit instructions to any | 20 | | employee, upon his or her request.
| 21 | | (b) The employer shall, by the ninth day of family leave, | 22 | | issue to the individual and to the Department printed notices | 23 | | on Department forms containing the name, address, and Social | 24 | | Security number of the individual, such wage information as the | 25 | | Department may require to determine the individual's |
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| 1 | | eligibility for benefits, and the name, address, and Department | 2 | | identity number of the employer. Not later than 30 days after | 3 | | the commencement of the period of family leave for which the | 4 | | notice is furnished, the individual shall furnish to the | 5 | | Department a notice and claim for family leave benefits. Upon | 6 | | the submission of the notices by the employer and the | 7 | | individual, the Department may issue benefit payments for | 8 | | periods not exceeding 3 weeks pending the receipt of medical | 9 | | proof. When requested by the Department, the notice and proof | 10 | | shall include certification, in accordance with Section 15 by | 11 | | the attending physician, or a record of hospital confinement. | 12 | | Failure to furnish notice and proof within the time or in the | 13 | | manner required shall not invalidate or reduce any claim if it | 14 | | is shown to the satisfaction of the Department not to have been | 15 | | reasonably possible to furnish such notice and proof and that | 16 | | such notice and proof was furnished as soon as reasonably | 17 | | possible. In all cases of physical examination required by | 18 | | Section 15, the examination shall be made by a designee of the | 19 | | Department, who shall be the same sex as the claimant if so | 20 | | requested by the claimant. All examinations by physicians, | 21 | | dentists, podiatrists, chiropractors, or nurses designated by | 22 | | the Department shall be without cost to the claimant and shall | 23 | | be held at a reasonable time and place. Refusal to submit to | 24 | | such a requested examination shall disqualify the claimant from | 25 | | all benefits for the period of family leave in question, except | 26 | | as to benefits already paid. |
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| 1 | | (c) All medical records of the Department, except to the | 2 | | extent necessary for the proper administration of this Act, | 3 | | shall be confidential and shall not be published or be open to | 4 | | public inspection (other than to public employees in the | 5 | | performance of their public duties) in any manner revealing the | 6 | | identity of the claimant, or the nature or cause of serious | 7 | | health condition nor admissible in evidence in any action or | 8 | | special proceeding other than one arising under this Act. | 9 | | Section 45. Annual reports; contents. | 10 | | (a) The Department shall issue and make available to the | 11 | | public, not later than July 1, 2018 and July 1 of each | 12 | | subsequent year, annual reports providing data on family leave | 13 | | benefits claims involving pregnancy and childbirth, and family | 14 | | leave benefits, including separate data for each of the | 15 | | following categories of claims: care of newborn children; care | 16 | | of newly adopted children; care of sick children; care of sick | 17 | | spouses; and care of other sick family members. The reports | 18 | | shall include, for each category of claims, the number of | 19 | | workers receiving the benefits, the amount of benefits paid, | 20 | | the average duration of benefits, the average weekly benefit, | 21 | | and, in the case of family leave benefits, any reported amount | 22 | | of sick leave, vacation or other fully paid time which resulted | 23 | | in reduced benefit duration. The report shall provide data by | 24 | | gender and by any other demographic factors determined to be | 25 | | relevant by the Director. The reports shall also provide, for |
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| 1 | | all family leave benefits, the total costs of benefits and the | 2 | | total cost of administration, the portion of benefits for | 3 | | claims during family leave, and the total revenues from | 4 | | employer assessments, where applicable; employee assessments; | 5 | | and other sources. | 6 | | (b) The Director may, in his or her discretion, conduct | 7 | | surveys and other research regarding, and include in the annual | 8 | | reports descriptions and evaluations of the impact and | 9 | | potential future impact of the costs and benefits resulting | 10 | | from the provisions of this Act for:
| 11 | | (1) employees and their families, including surveys | 12 | | and evaluations of what portion of the total number of | 13 | | employees taking leave would not have taken leave, or would | 14 | | have taken less leave, without the availability of | 15 | | benefits; what portion of employees return to work after | 16 | | receiving benefits and what portion are not permitted to | 17 | | return to work; and what portion of employees who are | 18 | | eligible for benefits do not claim or receive them and why | 19 | | they do not; | 20 | | (2) employers, including benefits such as reduced | 21 | | training and other costs related to reduced turnover of | 22 | | personnel, and increased affordability of family leave | 23 | | through the State, with special attention given to small | 24 | | businesses; and | 25 | | (3) the public, including savings caused by any | 26 | | reduction in the number of people receiving public |
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| 1 | | assistance. | 2 | | (c) The total amount of any expenses that the Director | 3 | | determines are necessary to carry out his or her duties | 4 | | pursuant to this Section shall be charged to the Administration | 5 | | Account of the Fund. | 6 | | Section 50. Employer records. An employer shall keep true | 7 | | and accurate employment records, containing such information | 8 | | as may reasonably be prescribed by the Department. The records | 9 | | shall be open to inspection by the Department or its authorized | 10 | | representative at any time during ordinary business hours for | 11 | | the purpose of ascertaining whether the employer is a covered | 12 | | employer and, if so, whether the employer is complying with the | 13 | | provisions of this Act. Information thus obtained shall not be | 14 | | published or open to public inspection (other than to public | 15 | | employees in
the performance of their public duties) in any | 16 | | manner revealing an employee's or employer's identity, but any | 17 | | claimant at a hearing before the Department or a hearing | 18 | | officer shall be supplied with information from such records to | 19 | | the extent necessary for the proper presentation of his or her | 20 | | claim.
| 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 | 24 | | material fact to obtain or increase any family leave benefit |
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| 1 | | during a period of family leave, either for himself or herself | 2 | | or for any other person shall be liable for a civil penalty of | 3 | | $250 to be paid to the Department. Each such false statement or | 4 | | representation or failure to disclose a material fact shall | 5 | | constitute a separate offense. Upon refusal to pay such civil | 6 | | penalty, the civil penalty shall be recovered in a civil action | 7 | | by the Attorney General on behalf the Department in the name of | 8 | | the State of Illinois. If, in any case in which liability for | 9 | | the payment of a civil penalty has been determined, any person | 10 | | who has received any benefits under this Act by reason of the | 11 | | making of such false statements or representations or failure | 12 | | to disclose a material fact shall not be entitled to any | 13 | | benefits under this Act for any leave occurring prior to the | 14 | | time he or she has discharged his or her liability to pay the | 15 | | civil penalty.
| 16 | | (b) Any employer or any officer or agent of any employer or | 17 | | any other person who makes a false statement or representation, | 18 | | knowing it to be false, or knowingly fails to disclose a | 19 | | material fact, to prevent or reduce the benefits to any person | 20 | | entitled to benefits, or to avoid becoming or remaining subject | 21 | | to this Act or to avoid or reduce any contribution or other | 22 | | payment required from
an employer under this Act, or who | 23 | | willfully fails or refuses to make any such contributions or | 24 | | other payment or to furnish any reports required under this Act | 25 | | or to produce or permit the inspection or copying of records as | 26 | | required under this Act, shall be liable for a civil penalty of |
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| 1 | | $250 to be paid to the Department. Upon refusal to pay such | 2 | | civil penalty, the civil penalty shall be recovered in a civil | 3 | | action by the Attorney General on behalf of the Department in | 4 | | the name of the State of Illinois. | 5 | | (c) Any person who willfully violates any provision of this | 6 | | Act or any rule adopted under this Act for which a civil | 7 | | penalty is neither prescribed in this Act nor provided by any | 8 | | other applicable law, shall be subject to a civil penalty of | 9 | | $500 to be paid to the Department. Upon the refusal to pay such | 10 | | civil penalty, the civil penalty shall be recovered in a civil | 11 | | action by the Attorney General on behalf of the Department in | 12 | | the name of the State of Illinois. | 13 | | (d) Any person, employing unit, employer, or entity | 14 | | violating any provision of this Section with intent to defraud | 15 | | the Department is guilty of a Class C misdemeanor. The fine | 16 | | upon conviction shall be payable to the Fund. Any penalties | 17 | | imposed by this subsection shall be in addition to those | 18 | | otherwise prescribed in this Section. | 19 | | Section 60. Recovery of overpayment of family leave | 20 | | benefits. Overpayment of benefits under this Act may be | 21 | | recovered in the manner provided under Sections 900, 901, and | 22 | | 900.1 of the Unemployment Insurance Act. | 23 | | Section 97. Severability. The provisions of this Act are | 24 | | severable under Section 1.31 of the Statute on Statutes. |
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| 1 | | Section 99. The State Finance Act is amended by adding | 2 | | Section 5.875 as follows: | 3 | | (30 ILCS 105/5.875 new) | 4 | | Sec. 5.875. The State Benefits Fund. ".
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