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1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Child
5Bereavement Leave Act.
6    Section 5. Definitions. In this Act:
7    "Child" means an employee's son or daughter who is a
8biological, adopted, or foster child, a stepchild, a legal
9ward, or a child of a person standing in loco parentis.
10    "Department" means the Department of Labor.
11    "Employee" means eligible employee, as defined by Section
12101(2) of the federal Family and Medical Leave Act of 1993 (29
13U.S.C. 2601 et seq.).
14    "Employer" means employer, as defined by Section 101(4) of
15the federal Family and Medical Leave Act of 1993 (29 U.S.C.
162601 et seq.).
17    Section 10. Bereavement Leave.
18    (a) All employees shall be entitled to use a maximum of 2
19weeks (10 work days) of unpaid bereavement leave to:
20        (1) attend the funeral or alternative to a funeral of a
21    child;
22        (2) make arrangements necessitated by the death of the



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1    child; or
2        (3) grieve the death of the child.
3    (b) Bereavement leave under subsection (a) of this Section
4must be completed within 60 days after the date on which the
5employee receives notice of the death of the child.
6    (c) An employee shall provide the employer with at least 48
7hours' advance notice of the employee's intention to take
8bereavement leave, unless providing such notice is not
9reasonable and practicable.
10    (d) An employer may require reasonable documentation.
11Documentation may include a death certificate, a published
12obituary, or written verification of death, burial, or memorial
13services from a mortuary, funeral home, burial society,
14crematorium, religious institution, or government agency.
15    (e) In the event of the death of more than one child in a
1612-month period, an employee is entitled to up to a total of 6
17weeks of bereavement leave during the 12-month period. This Act
18does not create a right for an employee to take unpaid leave
19that exceeds the unpaid leave time allowed under, or is in
20addition to the unpaid leave time permitted by, the federal
21Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).
22    Section 15. Existing leave usable for bereavement. An
23employee who is entitled to take paid or unpaid leave
24(including family, medical, sick, annual, personal, or similar
25leave) from employment, pursuant to federal, State, or local



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1law, a collective bargaining agreement, or an employment
2benefits program or plan may elect to substitute any period of
3such leave for an equivalent period of leave provided under
4Section 10.
5    Section 20. Unlawful employer practices. It is unlawful for
6any employer to take any adverse action against an employee
7because the employee (1) exercises rights or attempts to
8exercise rights under this Act, (2) opposes practices which
9such employee believes to be in violation of this Act, or (3)
10supports the exercise of rights of another under this Act.
11    Exercising rights under this Act includes filing an action
12or instituting or causing to be instituted any proceeding under
13or related to this Act; providing or agreeing to provide any
14information in connection with any inquiry or proceeding
15relating to any right provided under this Act; or testifying to
16or agreeing to testify in any inquiry or proceeding relating to
17any right provided under this Act.
18    Section 25. Department responsibilities.
19    (a) The Department shall administer and enforce this Act
20and adopt rules under the Illinois Administrative Procedure Act
21for the purpose of this Act. The Department shall have the
22powers and the parties shall have the rights provided in the
23Illinois Administrative Procedure Act for contested cases. The
24Department shall have the power to conduct investigations in



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1connection with the administration and enforcement of this Act,
2including the power to conduct depositions and discovery and to
3issue subpoenas. If the Department finds cause to believe that
4this Act has been violated, the Department shall notify the
5parties in writing and the matter shall be referred to an
6Administrative Law Judge to schedule a formal hearing in
7accordance with hearing procedures established by rule.
8    (b) The Department is authorized to impose civil penalties
9prescribed in Section 30 in administrative proceedings that
10comply with the Illinois Administrative Procedure Act and to
11supervise the payment of the unpaid wages and damages owing to
12the employee or employees under this Act. The Department may
13bring any legal action necessary to recover the amount of
14unpaid wages, damages, and penalties, and the employer shall be
15required to pay the costs. Any sums recovered by the Department
16on behalf of an employee under this Act shall be paid to the
17employee or employees affected. However, 20% of any penalty
18collected from the employer for a violation of this Act shall
19be deposited into the Child Bereavement Fund, a special fund
20created in the State treasury, and used for the enforcement of
21this Act.
22    (c) The Attorney General may bring an action to enforce the
23collection of any civil penalty imposed under this Act.
24    Section 30. Enforcement.
25    (a) An employee who believes his or her rights under this



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1Act or any rule adopted under this Act have been violated may,
2within 60 days after the date of the last event constituting
3the alleged violation for which the action is brought, file a
4complaint with the Department or file a civil action.
5    (b) An employer that violates any provision of this Act or
6any rule adopted under this Act is subject to a civil penalty
7for each employee affected as follows:
8        (1) first offense, a civil penalty not to exceed $500;
9        (2) second or subsequent offense, a civil penalty not
10    to exceed $1,000.
11    (c) A civil action may be brought in the circuit court by
12an employee to enforce this Act. The circuit court may enjoin
13any act or practice that violates or may violate this Act and
14may order any other equitable relief that is necessary and
15appropriate to redress the violation or to enforce the Act.
16    Section 95. The State Finance Act is amended by adding
17Section 5.875 as follows:
18    (30 ILCS 105/5.875 new)
19    Sec. 5.875. The Child Bereavement Fund.
20    Section 99. Effective date. This Act takes effect upon
21becoming law.