Illinois General Assembly - Full Text of HB2376
Illinois General Assembly

Previous General Assemblies

Full Text of HB2376  100th General Assembly


Rep. Mary E. Flowers

Filed: 4/13/2017





10000HB2376ham004LRB100 05670 KTG 25075 a


2    AMENDMENT NO. ______. Amend House Bill 2376 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Family Leave Insurance Act.
6    Section 5. Declaration of policy and intent.
7    (a) Many employees do not have access to family and medical
8leave programs, and those who do may not be in a financial
9position to take family or medical leave that is unpaid, and
10employer-paid benefits meet only a relatively small part of
11this need. It is the public policy of this State to protect
12working families against the economic hardship caused by the
13need to take time off from work to care for themselves or
14family members who are suffering from a serious illness or to
15care for a newborn or a newly adopted child.
16    Moreover, many women are single mothers or the primary



10000HB2376ham004- 2 -LRB100 05670 KTG 25075 a

1breadwinners for their families. If any of these women take an
2unpaid maternity leave, her whole family, and Illinois,
4    The United States is the only industrialized nation in the
5world that does not have a mandatory workplace-based program
6for such income support.
7    It is therefore desirable and necessary to develop systems
8that help families adapt to the competing interests of work and
9home which not only benefit workers, but also benefit employers
10by reducing employee turnover and increasing worker
12    (b) It is the intent of the General Assembly to create a
13family leave program to relieve the serious menace to health,
14morals, and welfare of Illinois families, to increase workplace
15productivity, and to alleviate the enormous and growing stress
16on working families of balancing the demands of work and family
18    Section 10. Definitions. In this Act:
19    (1)(A) "Average weekly wage" means the amount derived by
20dividing a covered employee's total wages earned from the
21employee's most recent covered employer during the base weeks
22in the 8 calendar weeks immediately preceding the calendar week
23in which a period of family leave commenced by the number of
24such base weeks.
25    (B) If the computation in paragraph (A) yields a result



10000HB2376ham004- 3 -LRB100 05670 KTG 25075 a

1that is less than the employee's average weekly earnings in
2employment with all covered employers during the base weeks in
3such 8 calendar weeks, then the average weekly wage shall be
4computed on the basis of earnings from all covered employers
5during the base weeks in the 8 calendar weeks immediately
6preceding the week in which the period of family leave
8    (C) For periods of family leave, if the computations in
9paragraphs (A) and (B) both yield a result which is less than
10the employee's average weekly earnings in employment with all
11covered employers during the base weeks in the 26 calendar
12weeks immediately preceding the week in which the period of
13family leave commenced, then the average weekly wage shall,
14upon a written request to the Department by the employee on a
15form provided by the Department, be computed by the Department
16on the basis of earnings from all covered employers of the
17employee during the base weeks in those 26 calendar weeks.
18    (2) "Base hours" means the hours of work for which an
19employee receives compensation. "Base hours" includes overtime
20hours for which the employee is paid additional or overtime
21compensation and hours for which the employee receives workers'
22compensation benefits. "Base hours" also includes hours an
23employee would have worked except for having been in military
24service. At the option of the employer, "base hours" may
25include hours for which the employee receives other types of
26compensation, such as administrative, personal leave, vacation



10000HB2376ham004- 4 -LRB100 05670 KTG 25075 a

1or sick leave.
2    (3) "Care" includes, but is not limited to, physical care,
3emotional support, visitation, arranging for a change in care,
4assistance with essential daily living matters, and personal
5attendant services.
6    (4) "Child" means a biological, adopted, or foster child,
7stepchild, or legal ward of an eligible employee, child of a
8spouse of the eligible employee, or child of a civil union
9partner of the eligible employee, who is less than 19 years of
10age or is 19 years of age or older, but incapable of self-care
11because of a mental or physical impairment.
12    (5) "Civil union" means a civil union as defined in the
13Illinois Religious Freedom Protection and Civil Union Act.
14    (6) "Consecutive leave" means leave that is taken without
15interruption based upon an employee's regular work schedule and
16does not include breaks in employment in which an employee is
17not regularly scheduled to work. For example, when an employee
18is normally scheduled to work from September through June and
19is not scheduled to work during July and August, a leave taken
20continuously during May, June, and September shall be
21considered a consecutive leave.
22    (7) "Department" means the Department of Employment
24    (8) "Director" means the Director of Employment Security
25and any transaction or exercise of authority by the Director
26shall be deemed to be performed by the Department.



10000HB2376ham004- 5 -LRB100 05670 KTG 25075 a

1    (9) "Eligible employee" means an employee employed by the
2same employer, as defined in paragraph (10), in the State of
3Illinois for 12 months or more who has worked 1,200 or more
4base hours during the preceding 12-month period. An employee is
5considered to be employed in the State of Illinois if:
6        (A) the employee works in Illinois; or
7        (B) the employee routinely performs some work in
8    Illinois and the employee's base of operations or the place
9    from which the work is directed and controlled is in
10    Illinois.
11    (10) "Employer" means any partnership, association, trust,
12estate, joint-stock company, insurance company, or
13corporation, whether domestic or foreign, or the receiver,
14trustee in bankruptcy, trustee, or person that has in its
15employ one or more employees performing services for it within
16this State. "Employer" also includes any employer subject to
17the Unemployment Insurance Act, except the State, its political
18subdivisions, and any instrumentality of the State. All
19employees performing services within this State for any
20employing unit that maintains 2 or more separate establishments
21within this State shall be deemed to be employed by a single
22employing unit for all purposes of this Act.
23    (11) "Family member" means an eligible employee's child,
24spouse, party to a civil union, parent, or any other individual
25related by blood or whose close relationship with the employee
26is the equivalent of a family relationship.



10000HB2376ham004- 6 -LRB100 05670 KTG 25075 a

1    (12) "Family leave" means leave taken by an eligible
2employee from work with an employer: (A) to participate in the
3providing of care, including physical or psychological care,
4for the employee or a family member of the eligible employee
5made necessary by a serious health condition of the family
6member; (B) to be with a child during the first 12 months after
7the child's birth, if the employee, the employee's spouse, or
8the party to a civil union with the employee, is a biological
9parent of the child, or the first 12 months after the placement
10of the child for adoption or foster care with the employee; (C)
11for the employee's own serious health condition; or (D) because
12of any qualifying exigency as interpreted under the Family and
13Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(E) and 29 CFR
14825.126) arising out of the fact that the spouse, party to a
15civil union, child, parent of the employee, or any other
16individual related by blood or whose close relationship with
17the employee is equivalent to a family relationship is on
18active duty (or has been notified of an impending call or order
19to active duty) in the armed forces as of the United States.
20"Family leave" does not include any period of time during which
21an eligible employee is paid benefits pursuant to the Workers'
22Compensation Act or the Unemployment Insurance Act because the
23employee is unable to perform the duties of the employee's
24employment due to the employee's own disability.
25    (13) "Family leave benefits" means any payments that are
26payable to an eligible employee for all or part of a period of



10000HB2376ham004- 7 -LRB100 05670 KTG 25075 a

1family leave.
2    (14) "Health care provider" means any person licensed under
3federal, State, or local law or the laws of a foreign nation to
4provide health care services or any other person who has been
5authorized to provide health care by a licensed health care
7    (15) "Intermittent leave" means a non-consecutive leave
8consisting of intervals, each of which is at least one, but
9fewer than 12, weeks within a consecutive 12-month period.
10    (16) "Parent of an eligible employee" means a biological
11parent, foster parent, adoptive parent, or stepparent of the
12eligible employee or a person who was a legal guardian of, or
13who stood in loco parentis to, the eligible employee when the
14eligible employee was a child.
15    (17) "Placement for adoption" means the time when an
16eligible employee adopts a child or becomes responsible for a
17child pending adoption by the eligible employee.
18    (18) "Serious health condition" means an illness, injury,
19impairment, or physical or mental condition that requires
20inpatient care in a hospital, hospice, or residential medical
21care facility or continuing medical treatment or continuing
22supervision by a health care provider.
23    (19) "12-month period" means, with respect to an employee
24who establishes a valid claim for family leave benefits during
25a period of family leave, the 365 consecutive days that begin
26with the first day that the employee first establishes the



10000HB2376ham004- 8 -LRB100 05670 KTG 25075 a

2    Section 15. Family leave program.
3    (a) Subject to appropriation, the Department shall
4establish and administer a family leave program.
5    (b) The Department shall establish procedures and forms for
6filing claims for benefits under this Act.
7    (c) The Department shall use information sharing and
8integration technology to facilitate the disclosure of
9relevant information or records by the Department of Employment
11    (d) Information contained in the files and records
12pertaining to an employee under this Act is confidential and
13not open to public inspection, other than to public employees
14in the performance of their official duties. However, the
15employee or an authorized representative of an employee may
16review the records or receive specific information from the
17records on the presentation of the signed authorization of the
18employee. An employer or the employer's duly authorized
19representative may review the records of an employee employed
20by the employer in connection with a pending claim. At the
21Department's discretion, other persons may review records when
22such persons are rendering assistance to the Department at any
23stage of the proceedings on any matter pertaining to the
24administration of this Act.
25    An employer must keep at its place of business records of



10000HB2376ham004- 9 -LRB100 05670 KTG 25075 a

1employment from which the information needed by the Department
2for purposes of this Act may be obtained. The records shall at
3all times be open to the inspection of the Department pursuant
4to rules adopted by the Department.
5    (e) The Department shall develop and implement an outreach
6program to ensure that individuals who may be eligible to
7receive family leave benefits under this Act are made aware of
8these benefits. Outreach information shall explain, in an easy
9to understand format, eligibility requirements, the claims
10process, weekly benefit amounts, maximum benefits payable,
11notice requirements, reinstatement and nondiscrimination
12rights, confidentiality, and coordination of leave under this
13Act and other laws, collective bargaining agreements, and
14employer policies. Outreach information shall be available in
15English and in languages other than English that are spoken as
16a primary language by a significant portion of the State's
17population, as determined by the Department.
18    Section 20. Eligibility for benefits.
19    (a) The Department may require that a claim for family
20leave benefits under this Section be supported by a
21certification issued by a health care provider who is providing
22care to the employee or the employee's family member if
24    (b) An employee is not eligible for family leave benefits
25under this Section for any week for which the employee receives



10000HB2376ham004- 10 -LRB100 05670 KTG 25075 a

1paid family leave from his or her employer. If an employer
2provides paid family leave, the employee may elect whether
3first to use the paid family leave or to receive family leave
4benefits under this Section. An employee may not be required to
5use paid family leave to which the employee is entitled before
6receiving family leave benefits under this Section.
7    (c) This Section does not limit an employee's right to take
8leave from employment under other laws or employer policy.
9    (d) The eligibility of an employee for benefits is not
10affected by a strike or lockout at the factory, establishment,
11or other premises at which the employee is or was last
13    (e) An employee who has received benefits under this
14Section may not lose any other employment benefits, including
15seniority or pension rights, accrued before the date that
16family leave commenced. However, this Section does not entitle
17an employee to accrue employment benefits during a period of
18family leave or to a right, benefit, or position of employment
19other than a right, benefit, or position to which the employee
20would have been entitled had the employee not taken family
22    (f) This Section does not diminish an employer's obligation
23to comply with a collective bargaining agreement or an
24employment benefits program or plan that provides greater
25benefits to employees than the benefits provided under this



10000HB2376ham004- 11 -LRB100 05670 KTG 25075 a

1    (g) An agreement by an employee to waive the employee's
2rights under this Section is void as contrary to public policy.
3The benefits under this Section may not be diminished by a
4collective bargaining agreement or another employment benefits
5program or plan entered into or renewed after the effective
6date of this Act.
7    (h) Nothing in this Act shall be deemed to affect the
8validity or change the terms of bona fide collective bargaining
9agreements in force on the effective date of this Act. After
10that date, requirements of this Act may be waived in a bona
11fide collective bargaining agreement, but only if the waiver is
12set forth explicitly in such agreement in clear and unambiguous
14    (i) This Section does not create a continuing entitlement
15or contractual right.
16    Section 25. Disqualification from benefits.
17    (a) An employee is disqualified from family leave benefits
18under this Act if the employee:
19        (1) willfully makes a false statement or
20    misrepresentation regarding a material fact, or willfully
21    fails to disclose a material fact, to obtain benefits;
22        (2) seeks benefits based on an intentionally
23    self-inflicted serious health condition; or
24        (3) seeks benefits based on a serious health condition
25    that resulted from the employee's commission of a felony.



10000HB2376ham004- 12 -LRB100 05670 KTG 25075 a

1    (b) A disqualification for family leave benefits is for a
2period of 2 years, and commences on the first day of the
3calendar week in which the employee filed a claim for benefits
4under this Act. An employee who is disqualified for benefits is
5liable to the Department for a penalty in an amount equal to
615% of the amount of benefits received by the employee.
7    Section 30. State Benefits Fund.
8    (a) The State Benefits Fund is created as a special fund in
9the State treasury. Subject to appropriation, moneys in the
10Fund may be used for the payment of family leave benefits and
11for the administration of this Act. All interest and other
12earnings that accrue from investment of moneys in the Fund
13shall be credited to the Fund.
14    (b) An employer shall retain from all employees a payroll
15premium deduction in the amount of 0.3% of wages as defined in
16Section 235 of the Unemployment Insurance Act. The Department
17shall by rule provide for the collection of this payroll
18premium deduction.
19    The amount of the payroll premium imposed under this
20Section, less refunds authorized by this Act, and all
21assessments and penalties collected under this Act shall be
22deposited into and credited to the Fund.
23    (c) A separate account, to be known as the Administration
24Account, shall be maintained in the Fund. An amount determined
25by the Department sufficient for proper administration, not to



10000HB2376ham004- 13 -LRB100 05670 KTG 25075 a

1exceed, however, 0.1% of wages as defined in this Section,
2shall be credited to the Administration Account. The expenses
3of the Department in administering the Fund and its accounts
4shall be charged against the Administration Account. The costs
5of administration of this Act shall be charged to the
6Administration Account.
7    (d) A separate account, to be known as the Family Leave
8Benefits Account, shall be maintained in the Fund. The account
9shall be charged with all benefit payments. Prior to July 1 of
10each calendar year, the Department shall determine the average
11rate of interest and other earnings on all investments of the
12Fund for the preceding calendar year. If there is an
13accumulated deficit in the Family Leave Benefits Account in
14excess of $200,000 at the end of any calendar year after
15interest and other earnings have been credited as provided in
16this Section, the Department shall determine the ratio of the
17deficit to the total of all taxable wages paid during the
18preceding calendar year and shall make an assessment against
19all employers in an amount equal to the taxable wages paid by
20them during the preceding calendar year to employees,
21multiplied by the ratio, but in no event shall any such
22assessment exceed 0.1% of such wages. The amounts shall be
23collectible by the Department in the same manner as provided
24for the collection of employer contributions under the
25Unemployment Insurance Act. In making this assessment, the
26Department shall furnish to each affected employer a brief



10000HB2376ham004- 14 -LRB100 05670 KTG 25075 a

1summary of the determination of the assessment. The amount of
2such assessments collected by the Department shall be credited
3to the Family Leave Benefits Account. As used in this Section,
4"wages" means wages as provided in Section 235 of the
5Unemployment Insurance Act.
6    (e) A board of trustees, consisting of the State Treasurer,
7the Secretary of State, the Director of Labor, the Director of
8Employment Security, and the State Comptroller, is hereby
9created. The board shall invest and reinvest all moneys in the
10Fund in excess of its cash requirements in obligations legal
11for savings banks.
12    (f) The Department may adjust rates, not to exceed the
13amount established in subsection (b) of this Section, for the
14collection of premiums pursuant to subsection (b) of this
15Section. The Department shall set rates for premiums in a
16manner that minimizes the volatility of the rates assessed and
17so that at the end of the period for which the rates are
18effective, the cash balance shall be an amount approximating 12
19months of projected expenditures from the Fund, considering the
20functions and duties of the Department under this Act.
21    (g) An employer required to pay premiums under this Section
22shall make and file a report of employee hours worked and
23amounts due under this Section upon a combined report form
24prescribed by the Department. The report shall be filed with
25the Department at the times and in the manner prescribed by the



10000HB2376ham004- 15 -LRB100 05670 KTG 25075 a

1    (h) If the employer is a temporary employment agency that
2provides employees on a temporary basis to its customers, the
3temporary employment agency is considered the employer for
4purposes of this Section.
5    (i) When an employer quits business or sells out,
6exchanges, or otherwise disposes of the business or stock of
7goods, any premium payable under this Section is immediately
8due and payable, and the employer shall, within 10 days
9thereafter, pay the premium due. A person who becomes a
10successor to the business is liable for the full amount of the
11premium and shall withhold from the purchase price a sum
12sufficient to pay any premium due from the employer until the
13employer produces a receipt from the Department showing payment
14in full of any premium due or a certificate that no premium is
15due. If the premium is not paid by the employer within 10 days
16after the date of the sale, exchange, or disposal, the
17successor is liable for the payment of the full amount of the
18premium. The successor's payment of the premium is, to the
19extent of the payment, a payment upon the purchase price, and
20if the payment is greater in amount than the purchase price,
21the amount of the difference is a debt due the successor from
22the employer.
23    A successor is not liable for any premium due from the
24person from whom the successor has acquired a business or stock
25of goods if the successor gives written notice to the
26Department of the acquisition and no assessment is issued by



10000HB2376ham004- 16 -LRB100 05670 KTG 25075 a

1the Department within one year after receipt of the notice
2against the former operator of the business.
3    Section 35. Compensation for family leave.
4    (a) An individual's weekly benefit rate shall be two-thirds
5of his or her average weekly wage, subject to a maximum of 53%
6of the Statewide average weekly wage paid to workers by
7employers, as determined pursuant to Section 401 of the
8Unemployment Insurance Act, provided, however, that the
9individual's benefit rate shall be computed to the next lower
10multiple of $1 if not already a multiple thereof. The amount of
11benefits for each day of family leave for which benefits are
12payable shall be one-seventh of the corresponding weekly
13benefit amount; provided that the total benefits for a
14fractional part of a week shall be computed to the next lower
15multiple of $1 if not already a multiple thereof.
16    (b) With respect to any period of family leave and while an
17individual is an eligible employee, family benefits not in
18excess of the individual's maximum benefits shall be payable
19with respect to the first day of leave taken after the first
20one-week period following the commencement of the period of
21family leave and each subsequent day of family leave during
22that period of family leave; and if benefits become payable on
23any day after the first 3 weeks in which leave is taken, then
24benefits shall also be payable with respect to any leave taken
25during the first one-week period in which leave is taken. The



10000HB2376ham004- 17 -LRB100 05670 KTG 25075 a

1maximum total benefits payable to any eligible individual
2commencing on or after the effective date of this Act shall be
312 times the individual's weekly benefit amount or one-third of
4his or her total wages in his or her base year, whichever is
5the lesser; provided that the maximum amount shall be computed
6in the next lower multiple of $1 if not already a multiple
8    (c) All of the family leave benefits paid to an eligible
9employee during a period of family leave with respect to any
10one birth or adoption shall be for a single continuous period
11of time, except that the employer of the eligible employee may
12permit the eligible employee to receive the family leave
13benefits during non-consecutive weeks in a manner mutually
14agreed to by the employer and the eligible employee and
15disclosed to the Department by the employer.
16    (d) Nothing in this Act shall be construed to prohibit the
17establishment by an employer, without approval by the
18Department, of a supplementary plan or plans providing for the
19payment to employees, or to any class or classes of employees,
20of benefits in addition to the benefits provided by this Act or
21to prohibit the collection or receipt of additional voluntary
22contributions from employees toward the cost of the additional
23benefits. The rights, duties, and responsibilities of all
24interested parties under the supplementary plans shall be
25unaffected by any provision of this Act.



10000HB2376ham004- 18 -LRB100 05670 KTG 25075 a

1    Section 40. Family leave; duration. An eligible employee
2may take 12 weeks of family leave within any 24-month period in
3order to provide care made necessary by reasons identified in
4Section 10. An eligible employee may take family leave on an
5intermittent schedule in which all of the leave authorized
6under this Act is not taken sequentially.
7    Section 45. Annual reports; contents.
8    (a) The Department shall issue and make available to the
9public, not later than July 1, 2019 and July 1 of each
10subsequent year, annual reports providing data on family leave
11benefits claims involving pregnancy and childbirth, and family
12leave benefits, including separate data for each of the
13following categories of claims: the employee's own serious
14illness; care of newborn children; care of newly adopted
15children; care of sick children; care of sick spouses; and care
16of other sick family members. The reports shall include, for
17each category of claims, the number of workers receiving the
18benefits, the amount of benefits paid, the average duration of
19benefits, the average weekly benefit, and any reported amount
20of sick leave, vacation, or other fully paid time which
21resulted in reduced benefit duration. The report shall provide
22data by gender and by any other demographic factors determined
23to be relevant by the Department. The reports shall also
24provide, for all family leave benefits, the total costs of
25benefits and the total cost of administration, the portion of



10000HB2376ham004- 19 -LRB100 05670 KTG 25075 a

1benefits for claims during family leave, and the total revenues
2from employer assessments, where applicable; employee
3assessments; and other sources.
4    (b) The Department may, in its discretion, conduct surveys
5and other research regarding, and include in the annual reports
6descriptions and evaluations of the impact and potential future
7impact of the costs and benefits resulting from the provisions
8of this Act for:
9        (1) employees and their families, including surveys
10    and evaluations of what portion of the total number of
11    employees taking leave would not have taken leave, or would
12    have taken less leave, without the availability of
13    benefits; what portion of employees return to work after
14    receiving benefits and what portion are not permitted to
15    return to work; and what portion of employees who are
16    eligible for benefits do not claim or receive them and why
17    they do not;
18        (2) employers, including benefits such as reduced
19    training and other costs related to reduced turnover of
20    personnel, and increased affordability of family leave
21    through the State, with special attention given to small
22    businesses; and
23        (3) the public, including savings caused by any
24    reduction in the number of people receiving public
25    assistance.
26    (c) The total amount of any expenses that the Department



10000HB2376ham004- 20 -LRB100 05670 KTG 25075 a

1determines are necessary to carry out its duties pursuant to
2this Section shall be charged to the Administration Account of
3the Fund.
4    Section 50. Hearings. A person aggrieved by a decision of
5the Department under this Act may request a hearing. The
6Department shall adopt rules governing hearings and the
7issuance of final orders under this Act in accordance with the
8provisions of the Illinois Administrative Procedure Act. All
9final administrative decisions of the Department under this Act
10are subject to judicial review under the Administrative Review
12    Section 55. Prohibited acts. No employer, temporary
13employment agency, employment agency, employee organization,
14or other person shall discharge, expel, or otherwise
15discriminate against a person because the person has filed or
16communicated to the employer an intent to file a claim, a
17complaint, or an appeal or has testified or is about to testify
18or has assisted in any proceeding, under this Act, at any time.
19    Section 60. Penalties.
20    (a) A person who makes a false statement or representation,
21knowing it to be false, or knowingly fails to disclose a
22material fact to obtain or increase any family leave benefit
23during a period of family leave, either for himself or herself



10000HB2376ham004- 21 -LRB100 05670 KTG 25075 a

1or for any other person, shall be liable for a civil penalty of
2$250 to be paid to the Department. Each such false statement or
3representation or failure to disclose a material fact shall
4constitute a separate offense. Upon refusal to pay such civil
5penalty, the civil penalty shall be recovered in a civil action
6by the Attorney General on behalf the Department in the name of
7the State of Illinois. If, in any case in which liability for
8the payment of a civil penalty has been determined, any person
9who has received any benefits under this Act by reason of the
10making of such false statements or representations or failure
11to disclose a material fact shall not be entitled to any
12benefits under this Act for any leave occurring prior to the
13time he or she has discharged his or her liability to pay the
14civil penalty.
15    (b) A person who willfully violates any provision of this
16Act or any rule adopted under this Act for which a civil
17penalty is neither prescribed in this Act nor provided by any
18other applicable law shall be subject to a civil penalty of
19$500 to be paid to the Department. Upon the refusal to pay such
20civil penalty, the civil penalty shall be recovered in a civil
21action by the Attorney General on behalf of the Department in
22the name of the State of Illinois.
23    (c) A person, employing unit, employer, or entity violating
24any provision of this Section with intent to defraud the
25Department is guilty of a Class C misdemeanor. The fine upon
26conviction shall be payable to the Fund. Any penalties imposed



10000HB2376ham004- 22 -LRB100 05670 KTG 25075 a

1by this subsection shall be in addition to those otherwise
2prescribed in this Section.
3    Section 70. Leave and employment protection.
4    (a) During a period in which an employee receives family
5leave benefits under this Act, the employee is entitled to
6family leave and, at the established ending date of leave, to
7be restored to a position of employment with the employer from
8whom leave was taken as provided under subsection (b).
9    (b) Except as provided in subsection (f), an employee who
10receives family leave benefits under this Act for the intended
11purpose of the family leave is entitled, on return from the
13        (1) to be restored by the employer to the position of
14    employment held by the employee when the family leave
15    commenced; or
16        (2) to be restored to an equivalent position with
17    equivalent employment benefits, pay, and other terms and
18    conditions of employment at a workplace within 20 miles of
19    the employee's workplace when the family leave commenced.
20    (c) The taking of family leave under this Act may not
21result in the loss of any employment benefits accrued before
22the date on which the family leave commenced.
23    (d) Nothing in this Section entitles a restored employee
25        (1) the accrual of any seniority or employment benefits



10000HB2376ham004- 23 -LRB100 05670 KTG 25075 a

1    during any period of family leave; or
2        (2) any right, benefit, or position of employment other
3    than any right, benefit, or position to which the employee
4    would have been entitled to had the employee not taken the
5    family leave.
6    (e) Nothing in this Section prohibits an employer from
7requiring an employee on family leave to report periodically to
8the employer on the status and intention of the employee to
9return to work.
10    (f) An employer may deny restoration under subsection (b)
11to a salaried employee who is among the highest paid 10% of the
12employees employed by the employer within 75 miles of the
13facility at which the employee is employed if:
14        (1) denial is necessary to prevent substantial and
15    grievous economic injury to the operations of the employer;
16        (2) the employer notifies the employee of the intent of
17    the employer to deny restoration on such basis at the time
18    the employer determines that the injury would occur; and
19        (3) the family leave has commenced and the employee
20    elects not to return to employment after receiving the
21    notice.
22    Section 75. Notice to employer.
23    (a) If the necessity for family leave for the birth or
24placement of a child is foreseeable based on an expected birth
25or placement, the employee shall provide the employer with not



10000HB2376ham004- 24 -LRB100 05670 KTG 25075 a

1less than 30 days' notice, before the date the leave is to
2begin, of the employee's intention to take leave for the birth
3or placement of a child, except that if the date of the birth
4or placement requires leave to begin in less than 30 days, the
5employee shall provide such notice as is practicable.
6    (b) If the necessity for family leave for an employee's or
7a family member's serious health condition is foreseeable based
8on planned medical treatment, the employee:
9        (1) must make a reasonable effort to schedule the
10    treatment so as not to disrupt unduly the operations of the
11    employer; and
12        (2) must provide the employer with not less than 30
13    days' notice, before the date the leave is to begin, of the
14    employee's intention to take leave for his, her, or a
15    family member's serious health condition, except that if
16    the date of the treatment requires leave to begin in less
17    than 30 days, the employee must provide such notice as is
18    practicable.
19    Section 80. Employment by same employer. If spouses who are
20entitled to leave under this Act are employed by the same
21employer, the employer may require that spouses not take such
22leave concurrently.
23    Section 85. Coordination of leave.
24    (a) Family leave taken under this Act must be taken



10000HB2376ham004- 25 -LRB100 05670 KTG 25075 a

1concurrently with any leave taken under the federal Family and
2Medical Leave Act of 1993.
3    (b) An employer may require that family leave taken under
4this Act be taken concurrently or otherwise coordinated with
5leave allowed under the terms of a collective bargaining
6agreement or employer policy, as applicable, for the birth or
7placement of a child. The employer must give his or her
8employees written notice of this requirement.
9    Section 90. Rules. The Department may adopt any rules
10necessary to implement the provisions of this Act. In adopting
11rules, the Department shall maintain consistency with the
12regulations adopted to implement the federal Family and Medical
13Leave Act of 1993 to the extent such regulations are not in
14conflict with this Act.
15    Section 95. Authority to contract. The Department may
16contract or enter into interagency agreements with other State
17agencies for the initial administration of the Family Leave
19    Section 175. Severability. The provisions of this Act are
20severable under Section 1.31 of the Statute on Statutes.
21    Section 900. The State Finance Act is amended by adding
22Section 5.878 as follows:



10000HB2376ham004- 26 -LRB100 05670 KTG 25075 a

1    (30 ILCS 105/5.878 new)
2    Sec. 5.878. The State Benefits Fund.
3    Section 999. Effective date. This Act takes effect upon
4becoming law.".