SB2613 99TH GENERAL ASSEMBLY

LRB099 19180 JLS 44831 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2613

Introduced 2/16/2016, by Sen. Jennifer Bertino-Tarrant

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.875 new

Creates the Child Bereavement Leave Act and amends the State Finance Act. Provides that an employee may use specified amounts of bereavement leave to grieve the death of the employee's child, attend services in relation to the death of the employee's child, or make arrangements necessitated by the death of the employee's child. Provides for enforcement by the Department of Labor. Provides for civil penalties. Authorizes the Attorney General to collect penalties. Creates the Child Bereavement Fund as a special fund in the State treasury. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Child Bereavement Leave Act.

Section 5. Definitions. In this Act:

"Child" means an employee's son or daughter who is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis.

"Department" means the Department of Labor.

"Employee" means a person who performs services for an employer for wages, remuneration, or other compensation.

"Employer" means any of the following:

(1) the State or any agency of the State;

(2) any unit of local government or school district; or

(3) any person that employs at least 50 employees.

Section 10. Bereavement Leave.

(a) All employees shall be entitled to use a maximum of 4 weeks (20 work days) of unpaid bereavement leave to:

(1) attend the funeral or alternative to a funeral of a child;

(2) make arrangements necessitated by the death of the child; or

(3) grieve the death of the child.

(b) Bereavement leave under subsection (a) of this Section must be completed within 60 days after the date on which the employee receives notice of the death of the child. Notice of the death may be by any means and from any source.

(c) An employee shall provide the employer with at least 48 hours' advance notice of the employee's intention to take bereavement leave, unless providing such notice is not practicable.

(d) An employer may require reasonable documentation. Documentation may include a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.

(e) An employee is eligible for bereavement leave after working 180 days for an employer, provided the employee has worked an average of at least 25 hours per week in the 180 days before the start of bereavement leave.

(f) An employee is entitled to a total of 12 workweeks of bereavement leave during any 12-month period. This Act does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).

Section 15. Existing leave usable for bereavement. An employee who is entitled to take paid or unpaid leave (including family, medical, sick, annual, personal, or similar leave) from employment, pursuant to federal, State, or local law, a collective bargaining agreement, or an employment benefits program or plan may elect to substitute any period of such leave for an equivalent period of leave provided under Section 10.

Section 20. Unlawful employer practices. It is unlawful for any employer to take any adverse action against an employee because the employee (1) exercises rights or attempts to exercise rights under this Act, (2) opposes practices which such employee believes to be in violation of this Act, or (3) supports the exercise of rights of another under this Act.

Exercising rights under this Act includes filing an action or instituting or causing to be instituted any proceeding under or related to this Act; providing or agreeing to provide any information in connection with any inquiry or proceeding relating to any right provided under this Act; or testifying to or agreeing to testify in any inquiry or proceeding relating to any right provided under this Act.

Section 25. Department responsibilities.

(a) The Department shall administer and enforce this Act and adopt rules under the Illinois Administrative Procedure Act for the purpose of this Act. The Department shall have the powers and the parties shall have the rights provided in the Illinois Administrative Procedure Act for contested cases. The Department shall have the power to conduct investigations in connection with the administration and enforcement of this Act, including the power to conduct depositions and discovery and to issue subpoenas. If the Department finds cause to believe that this Act has been violated, the Department shall notify the parties in writing and the matter shall be referred to an Administrative Law Judge to schedule a formal hearing in accordance with hearing procedures established by rule.

(b) The Department is authorized to impose civil penalties prescribed in Section 30 in administrative proceedings that comply with the Illinois Administrative Procedure Act and to supervise the payment of the unpaid wages and damages owing to the employee or employees under this Act. The Department may bring any legal action necessary to recover the amount of unpaid wages, damages, and penalties, and the employer shall be required to pay the costs. Any sums recovered by the Department on behalf of an employee under this Act shall be paid to the employee or employees affected. However, 20% of any penalty collected from the employer for a violation of this Act shall be deposited into the Child Bereavement Fund, a special fund created in the State treasury, and used for the enforcement of this Act.

(c) The Attorney General may bring an action to enforce the collection of any civil penalty imposed under this Act.

Section 30. Enforcement.

(a) An employee who believes his or her rights under this Act or any rule adopted under this Act have been violated may, within 3 years after the date of the last event constituting the alleged violation for which the action is brought, file a complaint with the Department or file a civil action.

(b) Any employer that violates this Act is liable in a claim filed with the Department or in a civil action in circuit court to any affected individuals for actual and compensatory damages, with interest at the prevailing rate, punitive damages, and such equitable relief as may be appropriate. The defendant shall pay reasonable attorney's fees, reasonable expert witness fees, and other costs of the action. A civil action may be brought without first filing an administrative complaint.

(c) Any employer that the Department or a court finds by a preponderance of the evidence to have knowingly, repeatedly, or with reckless disregard violated any provision of this Act or any rule adopted under this Act is subject to a civil money penalty not to exceed $2,500 for each separate offense.

Section 95. The State Finance Act is amended by adding Section 5.875 as follows:

(30 ILCS 105/5.875 new)

Sec. 5.875. The Child Bereavement Fund.

Section 99. Effective date. This Act takes effect upon becoming law.