Full Text of SB1238 99th General Assembly
SB1238sam001 99TH GENERAL ASSEMBLY | Sen. Napoleon Harris, III Filed: 3/18/2015
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| 1 | | AMENDMENT TO SENATE BILL 1238
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1238 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Illinois Family Care Provider Act. | 6 | | Section 5. Findings. The General Assembly finds that: | 7 | | (1) the number of households in Illinois in which
| 8 | | working grandparents have primary responsibility for the
| 9 | | care of grandchildren is significant; currently, almost
| 10 | | 100,000 grandparents are responsible for the care of
| 11 | | grandchildren living with them, and of these, 68% are under
| 12 | | the age of 60; | 13 | | (2) in Illinois, over 230,000 children under the age of
| 14 | | 18 live in homes with grandparents as the householders; | 15 | | (3) the number of households in which grandchildren
| 16 | | have primary responsibility for the care of grandparents
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| 1 | | and other family members is significant; in fact,
| 2 | | grandchildren comprise 8% of informal caregivers
| 3 | | nationally; | 4 | | (4) it is important for the family unit that
| 5 | | grandparents and grandchildren be able to participate in
| 6 | | the care of family members who have serious health | 7 | | conditions; and | 8 | | (5) the lack of employment policies to accommodate
| 9 | | working caregivers, including employees caring for
| 10 | | grandchildren or grandparents, can force individuals to
| 11 | | choose between job security and caregiving
| 12 | | responsibilities. | 13 | | Section 10. Definitions. In this Act: | 14 | | "Eligible employee" has the meaning ascribed to that term
| 15 | | in the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et
| 16 | | seq. and is a person standing in loco parentis or acting as a | 17 | | caretaker of a grandparent who was in loco parentis of the | 18 | | employee when the employee was a minor.
| 19 | | "Employer" has the meaning ascribed to that term in the
| 20 | | Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq. | 21 | | "Grandchild" means a biological, adopted, or step
| 22 | | grandchild of an eligible employee and is under age 18 or age | 23 | | 18 or older and incapable of self-care because of a mental or | 24 | | physical disability.
| 25 | | "Grandparent" means a biological, adopted, or step |
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| 1 | | grandparent of an eligible employee. | 2 | | "Serious health condition" has the meaning ascribed to that
| 3 | | term in the Family and Medical Leave Act of 1993, 29 U.S.C.
| 4 | | 2601 et seq. | 5 | | Section 15. Family leave requirement.
| 6 | | (a) Subject to the conditions set forth in this Section, an | 7 | | eligible
employee is entitled to receive and an employer shall | 8 | | provide
up to 12 weeks of unpaid family medical leave to an | 9 | | eligible employee
during any 12-month period for the eligible | 10 | | employee to
care for a grandchild if such grandchild has a | 11 | | serious health
condition or for the eligible employee to care | 12 | | for a grandparent if the grandparent has a serious health | 13 | | condition. | 14 | | (b) An employee is not entitled to receive and an employer
| 15 | | is not required to provide more than 12 weeks of unpaid family
| 16 | | medical leave in any 12-month period under this Act. For
| 17 | | purposes of this Act, unpaid family medical leave granted
| 18 | | pursuant to any other law shall be deemed to be unpaid family
| 19 | | medical leave granted under this Act. | 20 | | Section 20. Notification. An employee must comply with the
| 21 | | employer's usual and customary procedural requirements for
| 22 | | giving notice of a request for leave, provided that those
| 23 | | notice requirements are consistent with the Family and Medical
| 24 | | Leave Act of 1993, 29 U.S.C. 2601 et seq.
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| 1 | | Section 25. Certification. An employer may require that an
| 2 | | employee's leave to care for a grandchild or grandparent, with
| 3 | | a serious health condition, be supported by a certification
| 4 | | issued by the health care provider of the employee's grandchild
| 5 | | or grandparent. Certification under this Section shall comply
| 6 | | with the certification content and requirements provided in 29
| 7 | | C.F.R. 825.305 et seq.
| 8 | | Section 30. Administration of Act and rulemaking | 9 | | authority.
| 10 | | (a) The Illinois Department of Labor shall investigate any
| 11 | | alleged violations of this Act. If the Department finds that
a | 12 | | violation has occurred, the Director of Labor may impose
the | 13 | | following civil penalties: | 14 | | (1) For the first violation, the Director shall issue a | 15 | | written warning to the employer that includes notice | 16 | | regarding
penalties for subsequent violations and the | 17 | | employer shall have
30 days to remedy the violation; | 18 | | (2) For the second violation, or if the first violation
| 19 | | is not remedied within 30 days of notice by the Department, | 20 | | the
Director of Labor may impose a civil penalty of up to | 21 | | $500; | 22 | | (3) For the third violation, or if the first violation
| 23 | | is not remedied within 60 days of notice by the Department, | 24 | | the
Director of Labor may impose an additional
civil |
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| 1 | | penalty of up to $1,500; | 2 | | (4) For subsequent violations, or if the first | 3 | | violation is
not remedied within 90 days of notice by the | 4 | | Department,
the Director of Labor may impose an additional | 5 | | civil penalty of up to $1,500 for every 30 days that passes | 6 | | thereafter without compliance. | 7 | | (b) Penalties under this Section may be assessed by the
| 8 | | Department and recovered in a civil action brought by the
| 9 | | Department in any circuit court or in any administrative
| 10 | | adjudicative proceeding under this Act. In any such civil | 11 | | action or administrative adjudicative proceeding under this | 12 | | Act, the Department shall be represented by the Attorney | 13 | | General. | 14 | | (c) The Department may adopt rules necessary to administer
| 15 | | this Act and may establish an administrative procedure to
| 16 | | adjudicate claims and issue final and binding decisions subject | 17 | | to the Administrative Review Law. | 18 | | (d) The Department shall dismiss any complaints that are | 19 | | being adjudicated in another administrative or judicial venue. | 20 | | Section 35. Interpretation. All general requirements for | 21 | | leave, employment,
benefits, and other provisions shall be | 22 | | interpreted in a manner
consistent with the Family and Medical | 23 | | Leave Act of 1993, 29
U.S.C. 2601 et seq.
| 24 | | Section 99. Effective date. This Act takes effect January |
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| 1 | | 1, 2016.".
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