Full Text of SB0835 102nd General Assembly
SB0835sam001 102ND GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 3/31/2021
| | 10200SB0835sam001 | | LRB102 04633 JLS 23560 a |
|
| 1 | | AMENDMENT TO SENATE BILL 835
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 835 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Family and Medical Leave Insurance Act. | 6 | | Section 5. Declaration of policy and intent. Many workers | 7 | | do not have access to family and medical leave programs, those | 8 | | who do may not be in a financial position to take family or | 9 | | medical leave that is unpaid, and employer-paid benefits meet | 10 | | only a relatively small part of this need. It is the public | 11 | | policy of this State to protect working individuals and their | 12 | | families against the economic hardship caused by the need to | 13 | | take time off from work to care for themselves or family | 14 | | members who are suffering from a serious illness, for a | 15 | | newborn or a newly adopted or foster child, for pregnancy and | 16 | | related conditions, for the health and caregiving needs of |
| | | 10200SB0835sam001 | - 2 - | LRB102 04633 JLS 23560 a |
|
| 1 | | military families, or to cope with domestic and sexual | 2 | | violence. | 3 | | The disparities for access to and the need for leave cut | 4 | | across income and other demographics. Higher income workers | 5 | | have greater access to paid leave than lower income workers; | 6 | | women workers have higher rates of unmet need for leave than | 7 | | men; Black, Asian American, Pacific Islander, and Native | 8 | | American workers have higher rates of unmet need for leave | 9 | | than white workers; and Hispanic workers are less likely than | 10 | | non-Hispanic workers to have access to paid leave in the first | 11 | | place. | 12 | | Moreover, in 73% of all Illinois households with children, | 13 | | more than 2,000,000 homes, all parents have paying jobs. | 14 | | Illinois mothers are key family breadwinners in 84% of black | 15 | | families, 49% of Latinx families, and 48% of white families. | 16 | | While women make up half of the workforce, they are | 17 | | responsible for the majority of unpaid family household and | 18 | | care work, which has a significant impact on their health and | 19 | | well-being. Maintaining an attachment to the workforce is | 20 | | vital to women's economic stability; an employment gap of just | 21 | | one year leads to a 39% decrease in annual earnings, and that | 22 | | disparity increases over time. With the demographic shift | 23 | | toward an aging population, the need for family caregiving | 24 | | continues to grow. In less than 15 years, the share of the | 25 | | State's population of individuals age 65 and over will grow by | 26 | | one-third. If any of these women take an unpaid leave, her |
| | | 10200SB0835sam001 | - 3 - | LRB102 04633 JLS 23560 a |
|
| 1 | | whole family, and Illinois, suffers. | 2 | | The United States is the only industrialized nation in the | 3 | | world that does not have a mandatory workplace-based program | 4 | | for such income support. The negative economic impact on | 5 | | families and our economy is real. A U.S. Department of Labor | 6 | | report indicates if women participated in the labor force at | 7 | | the same rate as women in countries with paid leave, our | 8 | | economy would benefit from more than $500 billion in | 9 | | additional economic activity. | 10 | | The majority of Illinois small business owners and | 11 | | entrepreneurs support a State-administered paid family and | 12 | | medical leave program as it ensures economic security, | 13 | | strengthens business recruitment and retention of employees, | 14 | | and mitigates the loss of income for small business owners, | 15 | | which comprise over 90% of businesses in the United States, | 16 | | including the self-employed and businesses with under 10 | 17 | | employees. | 18 | | It is therefore desirable and necessary to develop systems | 19 | | that help individuals and families adapt to the competing | 20 | | interests of work and home, which not only benefit workers, | 21 | | but also benefit employers by reducing employee turnover and | 22 | | increasing worker productivity. | 23 | | It is the intent of the General Assembly to create a family | 24 | | and medical leave program to relieve the serious menace to | 25 | | health, morals, and welfare of Illinois families, to increase | 26 | | workplace productivity, and to alleviate the enormous and |
| | | 10200SB0835sam001 | - 4 - | LRB102 04633 JLS 23560 a |
|
| 1 | | growing stress on working families of balancing the demands of | 2 | | work and family needs. It is the intent of the General Assembly | 3 | | that this Act shall be liberally construed in favor of | 4 | | providing workers with the greatest amount of paid family and | 5 | | medical leave coverage, benefits, and employment security. | 6 | | Section 10. Definitions. In this Act: | 7 | | (1) "Average weekly wage" means the amount derived by | 8 | | dividing by 12 an employee's total earnings, including wages, | 9 | | gratuities, bonuses, commissions, and any other compensation | 10 | | that constitutes remuneration, earned during the quarter with | 11 | | the highest earnings in the applicable benefit year, or the | 12 | | amount derived by dividing by 12 an employee's total earnings, | 13 | | including wages, gratuities, bonuses, commissions, and any | 14 | | other compensation that constitutes remuneration, to fulfill a | 15 | | contract for a covered business entity, earned in the quarter | 16 | | with the highest earnings in the applicable benefit year, or | 17 | | for individuals not currently employed or under contract, the | 18 | | amount derived by dividing by 12 of an individual's total | 19 | | earnings, including wages, gratuities, bonuses, commissions, | 20 | | and any other compensation that constitutes remuneration, | 21 | | earned during the quarter with the highest earnings earned in | 22 | | the 4 quarters prior to the last day of employment or end of | 23 | | contract. | 24 | | (2) "Benefit year" means the period of 52 consecutive | 25 | | weeks beginning on the Sunday immediately preceding the first |
| | | 10200SB0835sam001 | - 5 - | LRB102 04633 JLS 23560 a |
|
| 1 | | day that family and medical leave under this Act commences for | 2 | | the covered individual. | 3 | | (3) "Care" includes, but is not limited to, physical or | 4 | | psychological care, emotional support, visitation, arranging | 5 | | for care or a change in care, assistance with essential daily | 6 | | living matters, and personal attendant services. | 7 | | (4) "Child" means a biological, adopted, or foster child, | 8 | | a stepchild, grandchild, or legal ward, or a child for whom an | 9 | | employee stands in loco parentis, a person to whom the | 10 | | employee stood in loco parentis when the person was a minor | 11 | | child, a child of the spouse of an employee, or a child of a | 12 | | party to a civil union or legal guardianship, or any other | 13 | | individual whose close association with the employee is the | 14 | | equivalent of a child as determined by the employee, | 15 | | regardless of age or dependency status. | 16 | | (5) "Civil union" means a civil union as defined in the | 17 | | Illinois Religious Freedom Protection and Civil Union Act. | 18 | | (6) "Consecutive leave" means leave that is taken without | 19 | | interruption based upon an employee's regular work schedule or | 20 | | contract and does not include breaks in employment in which an | 21 | | employee is not regularly scheduled to work. For example, when | 22 | | an employee is normally scheduled to work from September | 23 | | through June and is not scheduled to work during July and | 24 | | August, a leave taken continuously during May, June, and | 25 | | September shall be considered a consecutive leave. | 26 | | (7) "Contributions" or "premiums" means the payments made |
| | | 10200SB0835sam001 | - 6 - | LRB102 04633 JLS 23560 a |
|
| 1 | | by an employer, a covered business entity, or a self-employed | 2 | | individual to the Family and Medical Leave Insurance Fund, as | 3 | | required by this Act. | 4 | | (8) "Covered business entity" means a business or trade | 5 | | that contracts with one or more self-employed individuals for | 6 | | services and is required to report the payment of services to | 7 | | such individuals on IRS Form 1099-MISC or IRS Form 1099-K for | 8 | | more than 25% of its Illinois workforce. Such individuals are | 9 | | included in the covered business entity's workforce if the | 10 | | contracts for services include, but are not limited to, oral | 11 | | or written contracts, and services arranged through | 12 | | application software designed to run on smart phones and other | 13 | | mobile devices and software designed to run inside a web | 14 | | browser. Covered business entities and self-employed | 15 | | individuals who contract for services with covered business | 16 | | entities are considered employers or employees where the | 17 | | context so dictates. | 18 | | (9) "Covered individual" means either: (A) an individual | 19 | | who is or has been employed by any combination of employers in | 20 | | the State of Illinois and meets the financial eligibility | 21 | | requirements of subsection (f) of Section 20; (B) a | 22 | | self-employed individual who has: (i) elected coverage under | 23 | | Section 25 and (ii) reported earnings to the Illinois | 24 | | Department of Revenue from self-employment that meet the | 25 | | financial eligibility requirements of subsection (f) of | 26 | | Section 20, as if the individual were an employee; (C) a |
| | | 10200SB0835sam001 | - 7 - | LRB102 04633 JLS 23560 a |
|
| 1 | | self-employed individual who contracts for services with a | 2 | | covered business entity; or (D) a former employee, | 3 | | self-employed individual, or self-employed individual who | 4 | | contracts for services with a covered business entity and has: | 5 | | (i) met the financial eligibility requirements of subsection | 6 | | (f) of Section 20 at the time of separation from employment or | 7 | | the end of a contract and (ii) been separated from employment | 8 | | or the end of a contract for not more than 52 weeks at the | 9 | | start of the family or medical leave taken by the former | 10 | | employee, self-employed individual, or self-employed | 11 | | individual who contracts for services with a covered business | 12 | | entity. A covered individual is considered to be employed in | 13 | | the State of Illinois if: (i) the individual works in | 14 | | Illinois; (ii) the individual performs some work in Illinois | 15 | | and the employer's base of operations or the place from which | 16 | | the work is directed and controlled is in Illinois; or (iii) | 17 | | the base of operations or place from which the work is directed | 18 | | or controlled is not in any state in which some part of the | 19 | | work is performed, but the individual's residence is in this | 20 | | State. | 21 | | (10) "Department" means the Department of Employment | 22 | | Security. | 23 | | (11) "Director" means the Director of Employment Security | 24 | | and any transaction or exercise of authority by the Director | 25 | | shall be deemed to be performed by the Department. | 26 | | (12) "Domestic or sexual violence" means domestic |
| | | 10200SB0835sam001 | - 8 - | LRB102 04633 JLS 23560 a |
|
| 1 | | violence, sexual assault, or stalking. | 2 | | (13) "Domestic violence" means abuse, as defined in | 3 | | Section 103 of the Illinois Domestic Violence Act of 1986, by a | 4 | | family or household member, as defined in Section 103 of the | 5 | | Illinois Domestic Violence Act of 1986, or as defined in this | 6 | | Act. | 7 | | (14) "Employ" means to suffer or permit to work. | 8 | | (15) "Employee" means any individual or person who works | 9 | | for an employer for wage, remuneration, or other compensation, | 10 | | and works any number of hours, whether full-time or part-time | 11 | | or on a temporary or contingent basis, and any individual who | 12 | | contracts for services with a covered business entity. Except | 13 | | for individuals or persons that contract for services with a | 14 | | covered business entity, "employee" does not include any | 15 | | individual: | 16 | | (A) who has been and will continue to be free from | 17 | | control and direction over the performance of the | 18 | | individual's work, both under the individual's contract of | 19 | | service with the individual's employer and in fact; and | 20 | | (B) who performs work which is either outside the | 21 | | usual course of business or is performed outside all of | 22 | | the places of business of the employer unless the employer | 23 | | is in the business of contracting with third parties for | 24 | | the placement of employees; and | 25 | | (C) who is in an independently established trade, | 26 | | occupation, profession or business. |
| | | 10200SB0835sam001 | - 9 - | LRB102 04633 JLS 23560 a |
|
| 1 | | (16) "Employer" means any individual, person, partnership, | 2 | | association, limited liability company, trust, estate, | 3 | | joint-stock company, insurance company, employment and labor | 4 | | placement agency, or business where wages are made directly or | 5 | | indirectly by the agency or business for work undertaken by | 6 | | the employee under hire to a third party pursuant to a contract | 7 | | between the agency or business with the third party, or | 8 | | corporation, whether domestic or foreign, or the receiver, | 9 | | trustee in bankruptcy, trustee, or person that has in its | 10 | | employ one or more employees performing services for it. | 11 | | "Employer" also includes any employer subject to the | 12 | | Unemployment Insurance Act and any business or trade defined | 13 | | as a covered business entity in this Act. All employees | 14 | | performing services within this State for any employing unit | 15 | | that maintains 2 or more separate establishments within this | 16 | | State shall be deemed to be employed by a single employing unit | 17 | | for all purposes of this Act. | 18 | | (17) "Employment benefits" means all benefits provided or | 19 | | made available to employees by an employer, including, but not | 20 | | limited to, life insurance, health insurance, disability | 21 | | insurance, sick leave, annual or vacation leave, paid time | 22 | | off, educational benefits, and pensions. | 23 | | (18) "Family member" means an employee's child, spouse or | 24 | | party to a civil union or legal guardianship, parent, | 25 | | grandparent, grandchild, sibling, or any other individual | 26 | | related by blood, marriage, or civil union, or whose close |
| | | 10200SB0835sam001 | - 10 - | LRB102 04633 JLS 23560 a |
|
| 1 | | relationship with the employee is the equivalent of a family | 2 | | relationship as determined by the employee. | 3 | | (19) "Family and medical leave" means leave taken by a | 4 | | covered individual: | 5 | | (A) to participate in the providing of care for a | 6 | | family member of the covered individual made necessary by | 7 | | a serious health condition of the family member; | 8 | | (B) to be with a child during the first 12 months after | 9 | | the child's birth, the first 12 months after the placement | 10 | | of the child for adoption or foster care, the first 12 | 11 | | months after the child becomes a legal ward, or the first | 12 | | 12 months after in loco parentis status of the child is | 13 | | acquired; | 14 | | (C) for the covered individual's own serious health | 15 | | condition, including, but not limited to, conditions in | 16 | | connection with pregnancy, recovery from childbirth, | 17 | | related conditions even though the covered individual does | 18 | | not receive treatment form a health care provider during | 19 | | the absence, including, but not limited to, absence due to | 20 | | morning sickness, a physical limitation arising from | 21 | | pregnancy, or exposure to chemicals or hazardous material | 22 | | that may be harmful, or any related condition; | 23 | | (D) because of any qualifying exigency arising out of | 24 | | the fact that a family member is on active duty (or has | 25 | | been notified of an impending call or order to active | 26 | | duty) in the Armed Forces of the United States; |
| | | 10200SB0835sam001 | - 11 - | LRB102 04633 JLS 23560 a |
|
| 1 | | (E) because the covered individual's or the covered | 2 | | individual's family member is the victim of domestic or | 3 | | sexual violence and the covered individual requests leave | 4 | | because the victim is: (i) experiencing or has experienced | 5 | | an incident of or ongoing domestic or sexual violence; | 6 | | (ii) seeking medical attention for, or recovering from, | 7 | | physical, emotional, or psychological injuries caused by | 8 | | domestic or sexual violence; (iii) obtaining services from | 9 | | a victim services organization; (iv) obtaining | 10 | | psychological or other counseling; (v) participating in | 11 | | safety planning, temporarily or permanently relocating, or | 12 | | taking other actions to increase the safety of the victim | 13 | | or the victim's family members from future domestic or | 14 | | sexual violence to ensure safety or economic security; or | 15 | | (vi) seeking legal assistance or remedies to ensure the | 16 | | health and safety of the victim or the victim's family | 17 | | members, including preparing for or participating in any | 18 | | civil or criminal legal proceeding related to or derived | 19 | | from domestic or sexual violence; | 20 | | (F) when a public health emergency or other disaster, | 21 | | as defined in the Disaster Relief Act or Section 11 of the | 22 | | Illinois Emergency Management Agency Act, has been | 23 | | declared by a municipal, State, or federal official, and | 24 | | until 10 weeks following the official termination or | 25 | | suspension of the public health emergency or other | 26 | | disaster, leave under this Act shall be implemented.
Such |
| | | 10200SB0835sam001 | - 12 - | LRB102 04633 JLS 23560 a |
|
| 1 | | leave shall be provided for any reason related to a public | 2 | | health emergency or other disaster, including but not | 3 | | limited to (i) the covered individual is subject to an | 4 | | individual or general federal, State, or local quarantine | 5 | | or isolation order related to a public health emergency or | 6 | | other disaster; (ii) the covered individual has been | 7 | | advised by a health care provider to self-quarantine, or | 8 | | is otherwise under quarantine, including self-imposed | 9 | | quarantine, due to concerns related to a public health | 10 | | emergency or other disaster; (iii) the employee is | 11 | | experiencing symptoms related to a public health emergency | 12 | | or other disaster and is seeking a medical diagnosis; (iv) | 13 | | the covered individual is seeking preventive care or other | 14 | | care or treatment related to a public health emergency or | 15 | | other disaster; (v) the covered individual is caring for a | 16 | | family member who is subject to an order described in | 17 | | clause(i), has been advised as described in clause (ii), | 18 | | is experiencing symptoms or seeking preventive care as | 19 | | described in clause (iii) or clause (iv), or whose | 20 | | caregiving facility or caregiver is partially or | 21 | | completely unavailable due to precautions related to a | 22 | | public health emergency or other disaster; (vi) the | 23 | | covered individual is caring for a child of such covered | 24 | | individual if the school or place of the care of the child | 25 | | has been partially or completely closed, or the child care | 26 | | provider of such child is partially or completely |
| | | 10200SB0835sam001 | - 13 - | LRB102 04633 JLS 23560 a |
|
| 1 | | unavailable due to precautions related to a public health | 2 | | emergency or other disaster, including when the school or | 3 | | place of care is (I) is physically closed but providing | 4 | | virtual learning instruction; (II) requires or makes | 5 | | optional virtual learning instruction; or (III) requires | 6 | | or make available a hybrid of in-person and virtual | 7 | | learning instruction models; (vii) the covered individual | 8 | | is experiencing any other substantially similar condition | 9 | | specified by a federal, State, or local government public | 10 | | health or other official; (viii) the covered individual's | 11 | | hours of work have been reduced, the covered individual | 12 | | has been furloughed, or the covered individual has been | 13 | | terminated from employment; or (ix) the employer is not | 14 | | following the recommended health and safety guidance | 15 | | issued by a federal, State, or local public official | 16 | | related to a public health emergency or other disaster; or
| 17 | | (G) To care for a child if the child's school or place | 18 | | of care has been partially or completely closed or if the | 19 | | childcare provider is partially or completely unavailable | 20 | | to provide for the child's well-being. | 21 | | "Family and medical leave" does not include any period of | 22 | | time during which a covered individual is paid benefits | 23 | | pursuant to the Workers' Compensation Act because the covered | 24 | | individual is unable to perform the duties of the covered | 25 | | individual's employment due to the covered individual's own | 26 | | disability or paid benefits pursuant to the Unemployment |
| | | 10200SB0835sam001 | - 14 - | LRB102 04633 JLS 23560 a |
|
| 1 | | Insurance Act. | 2 | | (20) "Family and medical leave benefits" means any | 3 | | payments that are payable to an individual for all or part of a | 4 | | period of family and medical leave. | 5 | | (21) "Health care provider" means any person licensed | 6 | | under federal, State, or local law, or the laws of a foreign | 7 | | nation, to provide health care services, any other person who | 8 | | has been authorized to provide health care by a licensed | 9 | | health care provider, or any other individual determined by | 10 | | the Department to be capable of providing health care | 11 | | services. | 12 | | (22) "Intermittent leave" means a non-consecutive leave | 13 | | consisting of intervals, each of which is at least one day | 14 | | within a consecutive 12-month period. | 15 | | (23) "Parent" means a biological parent, foster parent, | 16 | | adoptive parent, stepparent, or parent-in-law of the covered | 17 | | individual or a person who is or was a legal guardian of, or | 18 | | who stood in loco parentis to, the covered individual when the | 19 | | covered individual was a child, or any other individual whose | 20 | | close association with the covered individual is the | 21 | | equivalent of a parent as determined by the covered | 22 | | individual. | 23 | | (24) "Placement for adoption" means the time when a | 24 | | covered individual adopts a child or becomes responsible for a | 25 | | child pending adoption by the covered individual or the | 26 | | covered individual's family member. |
| | | 10200SB0835sam001 | - 15 - | LRB102 04633 JLS 23560 a |
|
| 1 | | (25) "Qualifying exigency" means a need arising out of a | 2 | | covered individual's family member's active duty service or | 3 | | notice of an impending call or order to active duty in the | 4 | | Armed Forces, including, but not limited to, providing for the | 5 | | care or other needs of the military member's family member, | 6 | | making financial or legal arrangements for the military | 7 | | member, attending counseling, attending military events or | 8 | | ceremonies, spending time with the military member during a | 9 | | rest and recuperation leave or following return from | 10 | | deployment or making arrangements following the death of the | 11 | | military member. "Armed Forces" includes the Army, Navy, Air | 12 | | Force, Marine Corps, Coast Guard, and National Guard or | 13 | | Reserves. | 14 | | (26) "Self-employed individual" means a sole proprietor | 15 | | that meets the specifications under the definition of the term | 16 | | "employee", a member of a limited liability company or limited | 17 | | liability partnership, or an individual who resides in | 18 | | Illinois and whose net profit or loss from a business is | 19 | | required to be reported to the Illinois Department of Revenue. | 20 | | (27) "Serious health condition" means an illness, injury, | 21 | | impairment, or physical or mental condition that requires | 22 | | inpatient care in a hospital, hospice, or residential medical | 23 | | care facility or continuing medical treatment, counseling, or | 24 | | continuing supervision by a health care provider or victim | 25 | | services organization. "Serious health condition" includes, | 26 | | but is not limited to, conditions in connection with |
| | | 10200SB0835sam001 | - 16 - | LRB102 04633 JLS 23560 a |
|
| 1 | | pregnancy, recovery from childbirth, or any related condition. | 2 | | (28) "Sexual assault" means any conduct proscribed by: (i) | 3 | | Article 11 of the Criminal Code of 2012 except Sections 11-35 | 4 | | and 11-45; (ii) Sections 12-13, 12-14, 12-14.1, 12-15, and | 5 | | 12-16 of the Criminal Code of 2012; or (iii) a similar | 6 | | provision of the Criminal Code of 1961. | 7 | | (29) "Stalking" means any conduct proscribed by the | 8 | | Criminal Code of 1961 and the Criminal Code of 2012 in Sections | 9 | | 12-7.3, 12-7.4, and 12-7.5. | 10 | | (29.1) "Statewide average weekly wage" means the wage | 11 | | determined by the Department of Employment Security pursuant | 12 | | to paragraph 2 of subsection B of Section 401 of the | 13 | | Unemployment Insurance Act. | 14 | | (30) "12-month period" means, with respect to an employee | 15 | | who establishes a valid claim for family and medical leave | 16 | | benefits during a period of family and medical leave, the 365 | 17 | | consecutive days that begin with the first day that the | 18 | | employee first establishes the claim. | 19 | | (31) "Fund" means the Family and Medical Leave Insurance | 20 | | Fund established in Section 35. | 21 | | (32) "Victim" or "survivor" means an individual who has | 22 | | been subjected to domestic or sexual violence. | 23 | | (33) "Victim services organization" means a nonprofit, | 24 | | nongovernmental organization that provides assistance to | 25 | | victims of domestic or sexual violence, including rape crisis | 26 | | centers, organizations carrying out a domestic violence |
| | | 10200SB0835sam001 | - 17 - | LRB102 04633 JLS 23560 a |
|
| 1 | | program, organizations operating a shelter or providing | 2 | | counseling services, or a legal services organization or other | 3 | | organization providing assistance through the legal process. | 4 | | (34) "Wages" means any remuneration owed an individual | 5 | | pursuant to employment, an employment contract or agreement | 6 | | between 2 or more parties or a contract for services with a | 7 | | covered business entity, whether paid directly or indirectly, | 8 | | including, but not limited to, salaries, commissions, | 9 | | gratuities, and bonuses, and reasonable cash value of board, | 10 | | rent, housing, lodging, payment in kind and all remuneration | 11 | | paid in any medium other than cash, and whether the amount is | 12 | | determined on a time, task, piece, or any other basis of | 13 | | calculation. | 14 | | (35) "Weekly benefit amount" means the amount of wage | 15 | | replacement paid to a covered individual on a weekly basis | 16 | | while the covered individual is on family and medical leave, | 17 | | as provided in Section 40. | 18 | | Section 15. Family and medical leave insurance program. | 19 | | (a) The Department shall establish and administer a family | 20 | | and medical leave insurance program. | 21 | | (b) The Department shall establish procedures and forms | 22 | | for filing claims for benefits under this Act. | 23 | | (c) The Department shall use information sharing and | 24 | | integration technology to facilitate the disclosure of | 25 | | relevant information or records by the Department. |
| | | 10200SB0835sam001 | - 18 - | LRB102 04633 JLS 23560 a |
|
| 1 | | (d) Information contained in the files and records | 2 | | pertaining to an employee, an individual who contracts for | 3 | | services with a covered business entity, a self-employed | 4 | | individual, any covered individual under this Act, or a family | 5 | | member of such individual is confidential and not open to | 6 | | inspection other than by public employees in the performance | 7 | | of their official duties. However, the employee, an individual | 8 | | who contracts for services with a covered business entity, a | 9 | | self-employed individual, a covered individual, or an | 10 | | authorized representative of an employee, an individual who | 11 | | contracts for services with a covered business entity, | 12 | | self-employed individual, or covered individual may review the | 13 | | records or receive specific information from the records on | 14 | | the presentation of the signed authorization of the employee, | 15 | | individual who contracts for services with a covered business | 16 | | entity, the self-employed individual, or the covered | 17 | | individual. An employer, covered business entity, or the | 18 | | employer's or covered business entity's duly authorized | 19 | | representative may review the records of an employee employed | 20 | | by the employer, individual who contracts for services with a | 21 | | covered business entity or self-employed individual in | 22 | | connection with a pending claim, with the exception of any | 23 | | protected health information provided to the Department by an | 24 | | entity covered by the Health Insurance Portability and | 25 | | Accountability Act or information related to a use of leave | 26 | | authorized under paragraph (E) of item (19) of Section 10. At |
| | | 10200SB0835sam001 | - 19 - | LRB102 04633 JLS 23560 a |
|
| 1 | | the Department's discretion, other persons may review records | 2 | | when such persons are rendering assistance to the Department | 3 | | at any stage of the proceedings on any matter pertaining to the | 4 | | administration of this Act. An employer and a covered business | 5 | | entity must keep at its place of business for not less than 5 | 6 | | years from the date of a request for leave records from which | 7 | | the information needed by the Department for purposes of this | 8 | | Act may be obtained. The records shall at all times be open to | 9 | | the inspection of the Department pursuant to rules adopted by | 10 | | the Department. An employer or covered business entity subject | 11 | | to any provision of this Act shall make and preserve records | 12 | | that document the name, address, and occupation of each | 13 | | employee or individual who contracts for services with a | 14 | | covered business entity, the wages and any other compensation | 15 | | paid, benefits provided, and contract for services for each | 16 | | employee or individual with a contract for services, and any | 17 | | other information the Director may by rule deem necessary and | 18 | | appropriate for enforcement of this Act. An employer or | 19 | | covered business entity subject to any provision of this Act | 20 | | shall preserve those records for a period of not less than 5 | 21 | | years and shall make reports from the records as prescribed by | 22 | | rule or order of the Director, unless the records relate to an | 23 | | ongoing investigation or enforcement action under this Act, in | 24 | | which case the records must be maintained until their | 25 | | destruction is authorized by the Department or by court order. | 26 | | (e) The Department shall develop and implement an outreach |
| | | 10200SB0835sam001 | - 20 - | LRB102 04633 JLS 23560 a |
|
| 1 | | program to ensure that individuals who may be eligible to | 2 | | receive family and medical leave benefits under this Act are | 3 | | made aware of these benefits. Outreach information shall | 4 | | explain, in an easy-to-understand format, eligibility | 5 | | requirements, the claims process, weekly benefit amounts, | 6 | | maximum benefits payable, notice requirements, reinstatement | 7 | | and nondiscrimination rights, confidentiality, and | 8 | | coordination of leave under this Act and other laws, | 9 | | collective bargaining agreements, and employer and covered | 10 | | business entity policies. Outreach information shall be | 11 | | available in English, Spanish, Polish, Russian, Tagalog, | 12 | | Mandarin, and in other languages that are spoken as a primary | 13 | | language by a significant portion of the State's population, | 14 | | as determined by the Department. | 15 | | (f) An employee or individual who contracts for services | 16 | | with a covered business entity may make a claim for benefits | 17 | | under this Act on and after January 1 of the year one year | 18 | | after the Department begins collecting employer and covered | 19 | | business entity premium contributions under this Act. | 20 | | Section 20. Eligibility for benefits. | 21 | | (a) The Department may require that a claim for family and | 22 | | medical leave benefits under this Act be supported by a | 23 | | certification. For a claim for family and medical leave under | 24 | | paragraph (A), (B), or (C) of item (19) of Section 10, the | 25 | | certification shall be issued by a health care provider of the |
| | | 10200SB0835sam001 | - 21 - | LRB102 04633 JLS 23560 a |
|
| 1 | | employee's, the individual who contracts for services for a | 2 | | covered business entity's, or the covered individual's | 3 | | choosing who is providing care to the employee or the | 4 | | employee's family member if applicable or the individual who | 5 | | contracts for services with a covered business entity or such | 6 | | individual's family member if applicable, or covered | 7 | | individual or the covered individual's family member, however, | 8 | | for a claim under paragraph (C) for leave for conditions in | 9 | | connection with pregnancy, recovery after childbirth, or any | 10 | | related conditions, leave shall be granted even though the | 11 | | covered individual does not receive treatment from a health | 12 | | care provider during the absence. For a claim for family and | 13 | | medical leave because of a qualifying exigency under paragraph | 14 | | (D), documentation shall be sufficient if it includes: (i) a | 15 | | copy of the family member's active duty orders; (ii) other | 16 | | documentation issued by the Armed Forces; or (iii) other | 17 | | documentation permitted by the Department. For a claim for | 18 | | family and medical leave under paragraph (E) of item (19) of | 19 | | Section 10, any one of the following is acceptable for | 20 | | certification, and only one of the following documents shall | 21 | | be required: a police report, court document, document issued | 22 | | by a healthcare provider, or a signed statement from an | 23 | | attorney, a member of the clergy, or a victim services | 24 | | organization or advocate. It is up to the employee, individual | 25 | | who contracts for services with a covered business entity, or | 26 | | covered individual to determine which documentation to submit. |
| | | 10200SB0835sam001 | - 22 - | LRB102 04633 JLS 23560 a |
|
| 1 | | If documentation has been submitted, the Department or the | 2 | | employer or covered business entity shall not request or | 3 | | require any other documentation if the reason for the initial | 4 | | or subsequent claims for family and medical leave is related | 5 | | to the same incident of violence or the same perpetrator of the | 6 | | violence. For leave under paragraphs (F) and (G) of item (19) | 7 | | of Section 10, a statement signed by the covered individual is | 8 | | acceptable documentation for certification. | 9 | | (b) The eligibility of an employee or an individual who | 10 | | contracts with a covered business entity for benefits is not | 11 | | affected by a strike or lockout at the factory, establishment, | 12 | | or other premises at which the employee is or was last | 13 | | employed. | 14 | | (c) An employee or individual who contracts for services | 15 | | with a covered business entity who has received benefits under | 16 | | this Act may not lose any other employment benefits, including | 17 | | seniority or pension rights, accrued before the date that | 18 | | family and medical leave commenced. The employer or covered | 19 | | business entity shall maintain during any period of family and | 20 | | medical leave taken the health benefits of the employee and, | 21 | | if applicable, the dependents of the employee or the | 22 | | individual who contracts for services with a covered business | 23 | | entity, in force at the time a request for family and medical | 24 | | leave was made, for the duration of such leave as if the | 25 | | employee or individual who contracts for services with a | 26 | | covered business entity had continued to work from the date |
| | | 10200SB0835sam001 | - 23 - | LRB102 04633 JLS 23560 a |
|
| 1 | | the employee or individual who contracts for services with a | 2 | | covered business entity commenced the family and medical leave | 3 | | until the date the employee or individual who contracts for | 4 | | services with a covered business entity returns to work. | 5 | | However, this Section does not entitle an employee or | 6 | | individual who contracts for services with a covered business | 7 | | entity to accrue employment benefits during a period of family | 8 | | and medical leave or to a right, benefit, or position of | 9 | | employment other than a right, benefit, or position to which | 10 | | the employee or individual who contract for services with a | 11 | | covered business entity would have been entitled had the | 12 | | employee or individual who contracts for services with a | 13 | | covered business entity not taken family and medical leave. | 14 | | (d) This Act does not diminish an employer's or covered | 15 | | business entity's obligation to comply with a collective | 16 | | bargaining agreement or an employment benefits program or plan | 17 | | that provides greater benefits to employees or individuals who | 18 | | contract for services with a covered business entity than the | 19 | | benefits provided under this Act. | 20 | | (e) An agreement by an employee or individual who | 21 | | contracts for services with a covered business entity to waive | 22 | | the rights of the employee or individual who contracts for | 23 | | services with a covered business entity under this Section is | 24 | | void as contrary to public policy. The benefits under this Act | 25 | | may not be diminished by a collective bargaining agreement or | 26 | | another employment benefits program or plan entered into or |
| | | 10200SB0835sam001 | - 24 - | LRB102 04633 JLS 23560 a |
|
| 1 | | renewed after the effective date of this Act. | 2 | | (f) Subject to the requirements of this Act, an individual | 3 | | shall be eligible to receive benefits under this Act if that | 4 | | individual has been paid during the individual's base period | 5 | | wages equal to not less than $1,600, provided that the | 6 | | individual has been paid wages equal to at least $440 during | 7 | | that part of the individual's base period which does not | 8 | | include the calendar quarter in which the wages paid to the | 9 | | individual were highest. "Base period" means the first 4 of | 10 | | the last 5 completed calendar quarters immediately preceding | 11 | | the Sunday immediately preceding the first day that family and | 12 | | medical leave under this Act commences for the covered | 13 | | individual. However, if an individual is not eligible to | 14 | | receive family and medical leave benefits or an individual's | 15 | | weekly benefit amount would be lower using such base period, a | 16 | | base period consisting of the last 4 completed quarters | 17 | | immediately preceding the Sunday immediately preceding the | 18 | | first day that family and medical leave under this Act | 19 | | commences shall be used to establish eligibility or a higher | 20 | | weekly benefit amount for the covered individual. | 21 | | Section 25. Elective coverage; self-employed. | 22 | | (a) For benefits payable beginning January 1, 2023, any | 23 | | self-employed person, including a sole proprietor, independent | 24 | | contractor, partner, or joint venturer, who has | 25 | | self-employment income for work performed in Illinois in |
| | | 10200SB0835sam001 | - 25 - | LRB102 04633 JLS 23560 a |
|
| 1 | | accordance with the definition of covered individual under | 2 | | item (9) of Section 10 may elect coverage for an initial period | 3 | | of not less than 3 years and subsequent periods of not less | 4 | | than one year immediately following a period of coverage. | 5 | | Those electing coverage under this Act are responsible for | 6 | | payment of 100% of all premiums assessed to any employer under | 7 | | this Act. The self-employed person must file a notice of | 8 | | election in writing with the Department in a manner as | 9 | | required by the Department by rule. | 10 | | (b) A self-employed person who has elected coverage may | 11 | | withdraw from coverage within 30 days after the end of each | 12 | | period of coverage, or at such other times as the Department | 13 | | may adopt by rule, by filing a notice of withdrawal in writing | 14 | | with the Department, such withdrawal to take effect not sooner | 15 | | than 30 days after the filing the notice with the Department. | 16 | | (c) The Department may cancel elective coverage if the | 17 | | self-employed person fails to make required payments or file | 18 | | reports. The Department may collect due and unpaid premiums | 19 | | and may levy additional premiums for the remainder of the | 20 | | period of coverage. The cancellation shall be effective no | 21 | | later than 30 days after the date of the notice in writing | 22 | | advising the self-employed person of the cancellation. | 23 | | (d) Those electing coverage are considered employees or | 24 | | employers where the context so dictates. | 25 | | (e) In this Section, "independent contractor" means an | 26 | | individual excluded from employment under the definition of |
| | | 10200SB0835sam001 | - 26 - | LRB102 04633 JLS 23560 a |
|
| 1 | | "employee" under Section 10. | 2 | | Section 30. Disqualification from benefits. | 3 | | (a) An employee is disqualified from family and medical | 4 | | leave benefits under this Act if the employee: | 5 | | (1) willfully makes a false statement or | 6 | | misrepresentation regarding a material fact or willfully | 7 | | fails to disclose a material fact to obtain benefits; or | 8 | | (2) seeks benefits based on a serious health condition | 9 | | that resulted from the employee's commission of a felony. | 10 | | (b) A disqualification for family and medical leave | 11 | | benefits is for a period of 2 years and commences on the first | 12 | | day of the calendar week in which the employee filed a claim | 13 | | for benefits under this Act. | 14 | | An employee who is disqualified for benefits is liable to | 15 | | the Department for a penalty of 15% of the amount of benefits | 16 | | received by the employee in addition to the total amount of | 17 | | benefits received. | 18 | | Section 35. Family and Medical Leave Insurance Fund. | 19 | | (a) The Family and Medical Leave Insurance Fund is created | 20 | | as a special fund in the State treasury. Moneys in the Fund may | 21 | | be used for the payment of family and medical leave benefits | 22 | | and for the administration of this Act. All interest and other | 23 | | earnings that accrue from investment of moneys in the Fund | 24 | | shall be credited to the Fund. |
| | | 10200SB0835sam001 | - 27 - | LRB102 04633 JLS 23560 a |
|
| 1 | | (b) An employer and a covered business entity shall pay a | 2 | | premium contribution in the amount of 0.73% of wages for all | 3 | | employees and individuals who contract for services with a | 4 | | covered business entity. The Department shall by rule provide | 5 | | for the collection of the employer's premium contribution. The | 6 | | amount of the employer's premium contribution imposed under | 7 | | this Section, less refunds authorized by this Act, and all | 8 | | assessments and penalties collected under this Act shall be | 9 | | deposited into and credited to the Fund. | 10 | | (c) A separate account, to be known as the Family and | 11 | | Medical Leave Insurance Administration Account, shall be | 12 | | maintained in the Fund. An amount determined by the Department | 13 | | sufficient for proper administration, not to exceed 0.05% of | 14 | | additional employer and covered business entity premium | 15 | | contributions as defined in this Section, shall be collected | 16 | | and credited to the Administration Account. The expenses of | 17 | | the Department in administering the Fund and its accounts | 18 | | shall be charged against the Administration Account. The costs | 19 | | of administration of this Act shall be charged to the | 20 | | Administration Account. | 21 | | (d) A separate account, to be known as the Family and | 22 | | Medical Leave Benefits Account, shall be maintained in the | 23 | | Fund. The account shall be charged with all benefit payments. | 24 | | (e) A board of trustees, consisting of the State | 25 | | Treasurer, the Secretary of State, the Director of Labor, the | 26 | | Director of Employment Security, and the State Comptroller, is |
| | | 10200SB0835sam001 | - 28 - | LRB102 04633 JLS 23560 a |
|
| 1 | | hereby created. The board shall invest and reinvest all moneys | 2 | | in the Fund in excess of its cash requirements in obligations | 3 | | legal for savings banks. | 4 | | (f) The Department may adjust rates for the collection of | 5 | | premiums pursuant to subsection (b) of this Section. The | 6 | | Department shall set rates for premiums in a manner that | 7 | | minimizes the volatility of the rates assessed and so that at | 8 | | the end of the period for which the rates are effective, the | 9 | | cash balance shall be an amount approximating 125% of 12 | 10 | | months of projected expenditures from the Fund, considering | 11 | | the functions and duties of the Department under this Act. | 12 | | (g) An employer or covered business entity required to pay | 13 | | premium contributions under this Section shall make and file a | 14 | | report of amounts due under this Section upon a combined | 15 | | report form prescribed by the Department. The report shall be | 16 | | filed with the Department at the times and in the manner | 17 | | prescribed by the Department. | 18 | | (h) If the employer or covered business entity is a | 19 | | temporary employment agency that provides employees or | 20 | | individuals who contract for services with a covered business | 21 | | entity on a temporary basis to its customers, the temporary | 22 | | employment agency is considered a joint employer with its | 23 | | customers for purposes of this Act. | 24 | | (i) When an employer or covered business entity goes out | 25 | | of business or sells out, exchanges, or otherwise disposes of | 26 | | the business or stock of goods, any premiums payable under |
| | | 10200SB0835sam001 | - 29 - | LRB102 04633 JLS 23560 a |
|
| 1 | | this Section are immediately due and payable, and the employer | 2 | | or covered business entity shall, within 10 days thereafter, | 3 | | pay the premiums due. A person who becomes a successor to the | 4 | | business is liable for the full amount of the premiums and | 5 | | shall withhold from the purchase price a sum sufficient to pay | 6 | | any premiums due from the employer until the employer produces | 7 | | a receipt from the Department showing payment in full of any | 8 | | premiums due or a certificate that no premium is due. If the | 9 | | premiums are not paid by the employer or covered business | 10 | | entity within 10 days after the date of the sale, exchange, or | 11 | | disposal, the successor is liable for the payment of the full | 12 | | amount of the premiums. The successor's payment of the | 13 | | premiums are, to the extent of the payment, a payment upon the | 14 | | purchase price, and if the payment is greater in amount than | 15 | | the purchase price, the amount of the difference is a debt due | 16 | | the successor from the employer or covered business entity. A | 17 | | successor is not liable for any premiums due from the person | 18 | | from whom the successor has acquired a business or stock of | 19 | | goods if the successor gives written notice to the Department | 20 | | of the acquisition and no assessment is issued by the | 21 | | Department within one year after receipt of the notice against | 22 | | the former operator of the business. | 23 | | (j) This Section is inoperative before January 1, 2023. At | 24 | | that time, the Department shall begin collecting the amounts | 25 | | due under this Section. |
| | | 10200SB0835sam001 | - 30 - | LRB102 04633 JLS 23560 a |
|
| 1 | | Section 40. Weekly benefit for family and medical leave. | 2 | | (a) An individual's weekly benefit rate shall be | 3 | | determined as follows: if the average weekly wage to the | 4 | | employee or individual who contracts for services with a | 5 | | covered business entity is (a) 50% or less of the statewide | 6 | | average weekly wage, the weekly benefit for the employee or | 7 | | individual with a contract for services with a covered | 8 | | business entity is 90% of the average weekly wage of the | 9 | | employee or individual with a contract for services with a | 10 | | covered business entity or (b) greater than 50% of the | 11 | | statewide average weekly wage, the weekly benefit for the | 12 | | employee or individual with a contract for services with a | 13 | | covered business entity is the sum of: (i) 90% of the average | 14 | | weekly wage of the employee or individual with a contract for | 15 | | services with a covered business entity up to 50% of the | 16 | | statewide average weekly wage; and (ii) 50% of the average | 17 | | weekly wage of the employee or individual with a contract for | 18 | | services with a covered business entity that is greater than | 19 | | 50% of the statewide average weekly wage. The benefit rate | 20 | | shall be computed to the next lower multiple of $1 if not | 21 | | already a multiple thereof. The amount of benefits for each | 22 | | day of family and medical leave for which benefits are payable | 23 | | shall be one-seventh of the corresponding weekly benefit | 24 | | amount; provided that the total benefits for a fractional part | 25 | | of a week shall be computed to the next lower multiple of $1 if | 26 | | not already a multiple thereof. |
| | | 10200SB0835sam001 | - 31 - | LRB102 04633 JLS 23560 a |
|
| 1 | | (b) The maximum weekly benefit for family and medical | 2 | | leave that occurs on or after January 1, 2021 shall be $1,000. | 3 | | By September 30, 2023, and by each subsequent September 30th, | 4 | | the maximum weekly benefit shall be adjusted to 90% of the | 5 | | State average weekly wage. The adjusted maximum weekly benefit | 6 | | amount takes effect on the following January 1st. | 7 | | (c) With respect to any period of family and medical leave | 8 | | taken by a covered individual, family and medical leave | 9 | | insurance benefits not in excess of the covered individual's | 10 | | maximum benefits shall be payable with respect to the first | 11 | | day of family and medical leave taken and each subsequent day | 12 | | of family and medical leave during that period of family and | 13 | | medical leave. The maximum total benefits payable to any | 14 | | covered individual commencing on or after the effective date | 15 | | of this Act shall be 26 times the weekly benefit amount for an | 16 | | employee or individual with a contract for services with a | 17 | | covered business entity in the applicable benefit year, except | 18 | | for individuals taking leave pursuant to paragraph (C) of item | 19 | | (19) of Section 10 for conditions in connection with | 20 | | pregnancy, recovery from childbirth, or any related condition | 21 | | where the maximum total benefits payable to any covered | 22 | | individual shall be 52 times the employee's weekly benefit | 23 | | amount in the applicable benefit year, provided that the | 24 | | maximum amount shall be computed in the next lower multiple of | 25 | | $1 if not already a multiple thereof. | 26 | | (d) The first payment of benefits must be made to a covered |
| | | 10200SB0835sam001 | - 32 - | LRB102 04633 JLS 23560 a |
|
| 1 | | individual within 14 calendar days after the claim is filed | 2 | | and there is sufficient information to approve at least one | 3 | | week of benefits; subsequent payments must be made no later | 4 | | than semi-monthly thereafter. | 5 | | Nothing in this Act shall be construed to prohibit the | 6 | | establishment by an employer or a covered business entity, | 7 | | without approval by the Department, of a supplementary plan or | 8 | | plans providing for the payment to employees or individuals | 9 | | with a contract for services with a covered business entity, | 10 | | or to any class or classes of employees or individuals with a | 11 | | contract for services with a covered business entity, of | 12 | | benefits in addition to the benefits provided by this Act. The | 13 | | rights, duties, and responsibilities of all interested parties | 14 | | under the supplementary plans shall be unaffected by any | 15 | | provision of this Act. | 16 | | Section 45. Family and medical leave; duration. A covered | 17 | | individual may take up to 26 weeks of family and medical leave | 18 | | within any 12-month period for reasons identified in | 19 | | paragraphs (A), (B), (C), (D), and (E) of item (19) of Section | 20 | | 10. However, a covered individual may take up to an additional | 21 | | 26 weeks of family and medical leave within any 12-month | 22 | | period for which the covered individual is eligible for leave | 23 | | under paragraph (C) of item (19) of Section 10 taken in | 24 | | connection with pregnancy, recovery from childbirth, or | 25 | | related conditions. A covered individual may take family and |
| | | 10200SB0835sam001 | - 33 - | LRB102 04633 JLS 23560 a |
|
| 1 | | medical leave on an intermittent schedule in which all of the | 2 | | leave authorized under this Act is not taken sequentially. | 3 | | Section 50. Annual reports; contents. | 4 | | (a) The Department shall issue and make available to the | 5 | | public, not later than July 1, 2024 and July 1 of each | 6 | | subsequent year, annual reports providing data on family and | 7 | | medical leave benefits claims including separate data for each | 8 | | of the following categories of claims: the employee's or | 9 | | individual with a contract for services with a covered | 10 | | business entity's own serious illness; care of newborn | 11 | | children; care of newly adopted and fostered children; care of | 12 | | seriously ill family members; because of family members on | 13 | | active duty in the Armed Forces; for domestic or sexual | 14 | | violence, and for conditions in connection with pregnancy, | 15 | | recovering from childbirth, or related conditions. The reports | 16 | | shall include, for each category of claims, the number of | 17 | | individuals receiving the benefits, the amount of benefits | 18 | | paid, the average duration of benefits, and the average weekly | 19 | | benefit. The report shall provide data by gender, race, | 20 | | ethnicity, income, and any other demographic factors | 21 | | determined to be relevant by the Department. The reports shall | 22 | | also provide, for all family and medical leave benefits, the | 23 | | total costs of benefits and the total cost of administration, | 24 | | the portion of benefits for claims during family and medical | 25 | | leave, and the total revenues from employer or covered |
| | | 10200SB0835sam001 | - 34 - | LRB102 04633 JLS 23560 a |
|
| 1 | | business entity premium contributions and assessments, where | 2 | | applicable; and other sources. | 3 | | (b) The Department may, in its discretion, conduct surveys | 4 | | and other research regarding, and include in the annual | 5 | | reports descriptions and evaluations of the impact and | 6 | | potential future impact of the costs and benefits resulting | 7 | | from this Act for: | 8 | | (1) employees and their families, including surveys | 9 | | and evaluations of what portion of the total number of | 10 | | employees taking family and medical leave would not have | 11 | | taken leave, or would have taken less leave, without the | 12 | | availability of benefits; what portion of employees return | 13 | | to work after receiving benefits and what portion are not | 14 | | permitted to return to work; and what portion of employees | 15 | | who are eligible for benefits do not claim or receive them | 16 | | and why they do not; | 17 | | (2) employers, including benefits such as reduced | 18 | | training and other costs related to reduced turnover of | 19 | | personnel, and increased affordability of family and | 20 | | medical leave through the State, with special attention | 21 | | given to small businesses; and | 22 | | (3) the public, including savings caused by any | 23 | | reduction in the number of people receiving public | 24 | | assistance. | 25 | | (c) The total amount of any expenses that the Department | 26 | | determines are necessary to carry out its duties pursuant to |
| | | 10200SB0835sam001 | - 35 - | LRB102 04633 JLS 23560 a |
|
| 1 | | this Section shall be charged to the Administration Account of | 2 | | the Fund. | 3 | | Section 55. Prohibited acts; enforcement. | 4 | | (a) No employer, employment and labor placement agency, | 5 | | employment agency, employee organization, covered business | 6 | | entity, or other person shall discharge, expel, or otherwise | 7 | | retaliate or discriminate against a person because the person | 8 | | has requested family and medical leave, attempted to claim | 9 | | family and medical leave benefits, taken family and medical | 10 | | leave, filed or communicated to the employer or covered | 11 | | business entity an intent to file a claim, a complaint, or an | 12 | | appeal, or has testified or is about to testify or has assisted | 13 | | in any proceeding, under this Act, at any time. | 14 | | (b) Any employer or covered business entity who violates | 15 | | subsection (a) shall be liable to the individual employed by | 16 | | or contracted for services with such a person who is affected | 17 | | by the violation for damages equal to the sum of: | 18 | | (1) the amount of: | 19 | | (A) any wages, salary, employment benefits, or | 20 | | other compensation denied or lost to such individual | 21 | | by reason of the violation; or | 22 | | (B) in a case in which wages, salary, employment | 23 | | benefits, or other compensation have not been denied | 24 | | or lost to the individual, any actual monetary losses | 25 | | sustained by the individual as a direct violation, |
| | | 10200SB0835sam001 | - 36 - | LRB102 04633 JLS 23560 a |
|
| 1 | | such as the cost of providing care, up to a sum equal | 2 | | to 60 calendar days of wages or salary for the | 3 | | individual; and | 4 | | (2) the interest on the amount described under | 5 | | paragraph (A) of item (1) calculated at the prevailing | 6 | | rate; and | 7 | | (3) an additional amount as liquidated damages equal | 8 | | to the sum of the amount described in item (1) and the | 9 | | interest described in item (2), except if a person who has | 10 | | violated subsection (a) proves to the satisfaction of the | 11 | | court that the act or omission was in good faith and that | 12 | | the person had reasonable grounds for believing that the | 13 | | act or omission was not a violation of subsection (a), the | 14 | | court may, in the discretion of the court, reduce the | 15 | | amount of the liability to the amount and interest | 16 | | determined under paragraph (A) or (B) of item (1), | 17 | | respectively. | 18 | | In addition, a court may order such equitable relief as | 19 | | may be appropriate, including employment, reinstatement, | 20 | | promotion, and reinstatement of a contract for services. | 21 | | (c) An action to recover the damages or obtain equitable | 22 | | relief subsection (a) may be maintained against any person in | 23 | | any court on behalf of: | 24 | | (1) the individual; or | 25 | | (2) the individual or other individuals similarly | 26 | | situated. |
| | | 10200SB0835sam001 | - 37 - | LRB102 04633 JLS 23560 a |
|
| 1 | | (d) The court in such an action shall, in addition to any | 2 | | judgment awarded to the covered individual, allow reasonable | 3 | | attorney's fees, reasonable expert witness fees, and other | 4 | | costs of the action to be paid by the defendant. | 5 | | (e) The right under subsection (c) to bring an action by or | 6 | | on behalf of any individual shall terminate: | 7 | | (1) on the filing of a complaint by the Department in | 8 | | an action in which restraint is sought of any further | 9 | | delay in the payment of the amount described in item (1) of | 10 | | subsection (b) to such individual by the person | 11 | | responsible under subsection (a) for the payment; or | 12 | | (2) on the filing of a complaint by the Department in | 13 | | an action under subsection (f) in which a recovery is | 14 | | sought of the damages described in item (1) of subsection | 15 | | (b) owing to an individual by a person liable under | 16 | | subsection (a). | 17 | | (f) Action by the Department. | 18 | | (1) The Department may bring an action in any court to | 19 | | recover the damages described in item (1) of subsection | 20 | | (b). | 21 | | (2) Any sums recovered under item (1) of this | 22 | | subsection shall be held in a special deposit account and | 23 | | shall be paid, on order of the Department, directly to | 24 | | each individual affected. Any such sums not paid to an | 25 | | individual because of inability to do so within a period | 26 | | of 3 years shall be deposited into the Fund. |
| | | 10200SB0835sam001 | - 38 - | LRB102 04633 JLS 23560 a |
|
| 1 | | (3) An action may be brought under this subsection not | 2 | | later than 3 years after the date of the last event | 3 | | constituting the alleged violation for which the action is | 4 | | brought. | 5 | | (4) An action brought by the Department under this | 6 | | subsection shall be considered to be commenced on the date | 7 | | when the complaint is filed. | 8 | | (5) The Department may bring an action to restrain | 9 | | violations of subsection (a), including the restraint of | 10 | | any withholding of payment of wages, salary, employment | 11 | | benefits, or other compensation, plus interest, found by | 12 | | the court to be due to the individual, or to award such | 13 | | other equitable relief as may be appropriate, including | 14 | | employment, reinstatement, and promotion. | 15 | | (g) A person aggrieved by a decision of the Department | 16 | | under this Act may request a hearing. The Department shall | 17 | | adopt rules governing hearings and the issuance of final | 18 | | orders under this Act in accordance with the Illinois | 19 | | Administrative Procedure Act. All final administrative | 20 | | decisions of the Department under this Act are subject to | 21 | | judicial review under the Administrative Review Law. | 22 | | Section 60. Penalties. | 23 | | (a) A person who makes a false statement or | 24 | | representation, knowing it to be false, or knowingly fails to | 25 | | disclose a material fact to obtain or increase any family and |
| | | 10200SB0835sam001 | - 39 - | LRB102 04633 JLS 23560 a |
|
| 1 | | medical leave benefit during a period of family and medical | 2 | | leave, either for themselves or for any other person, shall be | 3 | | liable for a civil penalty of $250 to be paid to the Fund. Each | 4 | | such false statement or representation or failure to disclose | 5 | | a material fact shall constitute a separate offense. Upon | 6 | | refusal to pay such civil penalty, the civil penalty shall be | 7 | | recovered in a civil action by the Attorney General on behalf | 8 | | of the Department in the name of the State of Illinois. If, in | 9 | | any case in which liability for the payment of a civil penalty | 10 | | has been determined, any person who has received any benefits | 11 | | under this Act by reason of the making of such false statements | 12 | | or representations or failure to disclose a material fact | 13 | | shall not be entitled to any benefits under this Act for any | 14 | | leave occurring prior to the time he or she has discharged his | 15 | | or her liability to pay the civil penalty. | 16 | | (b) A person who willfully violates any provision of this | 17 | | Act or any rule adopted under this Act for which a civil | 18 | | penalty is neither prescribed by this Act nor provided by any | 19 | | other applicable law shall be subject to a civil penalty of | 20 | | $500 to be paid to the Fund. Upon the refusal to pay such civil | 21 | | penalty, the civil penalty shall be recovered in a civil | 22 | | action by the Attorney General on behalf of the Department in | 23 | | the name of the State of Illinois. | 24 | | (c) A person, employing unit, employer, covered business | 25 | | entity, or entity violating any provision of this Section with | 26 | | intent to defraud the Department is guilty of a Class C |
| | | 10200SB0835sam001 | - 40 - | LRB102 04633 JLS 23560 a |
|
| 1 | | misdemeanor. The fine upon conviction shall be payable to the | 2 | | Fund. Any penalties imposed by this subsection shall be in | 3 | | addition to those otherwise prescribed in this Section. | 4 | | Section 65. Leave and employment protection. | 5 | | (a) During a period in which an employee or individual who | 6 | | contracts for services with a covered business entity receives | 7 | | family and medical leave benefits under this Act, the employee | 8 | | or individual who contracts for services with a covered | 9 | | business entity is entitled to family and medical leave and, | 10 | | at the established ending date of leave, to be restored to a | 11 | | position of employment or restoration of the contract for | 12 | | services with the employer or covered business entity from | 13 | | whom leave was taken as provided under subsection (b). | 14 | | (b) Except as provided in subsection (d), an employee or | 15 | | individual with a contract for services with a covered | 16 | | business entity who receives family and medical leave benefits | 17 | | under this Act for the intended purpose of the family and | 18 | | medical leave is entitled, on return from the leave: | 19 | | (1) to be restored by the employer to the position of | 20 | | employment held by the employee or restored by the covered | 21 | | business entity to the contract for services when the | 22 | | family and medical leave commenced; or | 23 | | (2) to be restored to an equivalent position or | 24 | | contract with equivalent employment benefits, pay, and | 25 | | other terms and conditions of employment or contract at a |
| | | 10200SB0835sam001 | - 41 - | LRB102 04633 JLS 23560 a |
|
| 1 | | workplace within the same or a geographically proximate | 2 | | worksite (such as one that does not involve a significant | 3 | | increase in commuting time or distance) when the family | 4 | | and medical leave commenced. | 5 | | (c) The taking of family and medical leave under this Act | 6 | | may not result in the loss of any employment or contract | 7 | | benefits accrued before the date on which the family and | 8 | | medical leave commenced. | 9 | | (d) Nothing in this Section entitles a restored employee | 10 | | or individual who contracts for services with a covered | 11 | | business entity to: | 12 | | (1) the accrual of any seniority or employment | 13 | | benefits during any period of family and medical leave; or | 14 | | (2) any right, benefit, or position of employment | 15 | | other than any right, benefit, or position to which the | 16 | | employee would have been entitled had the employee not | 17 | | taken the family and medical leave. | 18 | | (e) Nothing in this Section prohibits an employer from | 19 | | requiring an employee or individual who contracts for services | 20 | | with a covered business entity on family and medical leave to | 21 | | report periodically, but no more than twice every 4 weeks of | 22 | | leave, to the employer or covered business entity on the | 23 | | status and intention of the employee or individual with a | 24 | | contract for services to return to work. | 25 | | Section 70. Pregnancy; effect of other State law. No |
| | | 10200SB0835sam001 | - 42 - | LRB102 04633 JLS 23560 a |
|
| 1 | | individual shall suffer any repercussion under any Illinois | 2 | | law, rule, or policy for any decisions the covered individual | 3 | | is authorized to make under this Act regarding leave related | 4 | | to pregnancy, recovery from childbirth, or related conditions. | 5 | | Section 75. Notice to employer or covered business entity. | 6 | | If the necessity for family and medical leave for any reason | 7 | | under item (19) of Section 10 is foreseeable, the employee or | 8 | | individual with a contract for services with a covered | 9 | | business entity shall provide the employer or covered business | 10 | | entity with not less than 30 days' notice, before the date the | 11 | | leave is to begin, of the intention of the employee or | 12 | | individual with a contract for series with a covered business | 13 | | entity to take leave, except that if the expected date | 14 | | requires leave to begin in less than 30 days, the employee or | 15 | | individual with a contract for services with a covered | 16 | | business entity shall provide such notice as is practical. | 17 | | Section 80. Employment by same employer or covered | 18 | | business entity. The right of an employee or individual who | 19 | | contracts for services with a covered business entity to leave | 20 | | under this Act shall not be altered or abridged by access to | 21 | | leave of any other employee or individual who contracts for | 22 | | services with a covered business entity. | 23 | | Section 85. Coordination of leave. Family and medical |
| | | 10200SB0835sam001 | - 43 - | LRB102 04633 JLS 23560 a |
|
| 1 | | leave taken under this Act must be taken concurrently with any | 2 | | leave taken under the federal Family and Medical Leave Act of | 3 | | 1993, if applicable. | 4 | | Section 90. Notice. Every employer and covered business | 5 | | entity covered by this Act shall post and keep posted, in a | 6 | | conspicuous place on the premises of the employer or covered | 7 | | business entity where notices to employees are customarily | 8 | | posted, a notice, to be prepared or approved by the Director of | 9 | | Employment Security, summarizing the requirements of this Act | 10 | | and information pertaining to the filing of a charge. Every | 11 | | employer and covered business entity shall also provide such | 12 | | notice to employees and individuals with contracts for | 13 | | services with a covered business entity through electronic | 14 | | transmission to the employee or individual with a contract for | 15 | | services with the covered business entity. The Director shall | 16 | | furnish copies of summaries and rules to the employers and | 17 | | covered business entities upon request without charge. Any | 18 | | employer or covered business entity that fails to post the | 19 | | required notice or transmit such notice may not rely on this | 20 | | Act to claim that the employee or individual with a contract | 21 | | for services with a covered business entity failed to inform | 22 | | the employer or covered business entity that the employee or | 23 | | individual with a contract for services with a covered | 24 | | business entity wanted or was eligible for leave under this | 25 | | Act. |
| | | 10200SB0835sam001 | - 44 - | LRB102 04633 JLS 23560 a |
|
| 1 | | Section 95. Rules. The Department may adopt any rules | 2 | | necessary to implement this Act. | 3 | | Section 105. Severability. The provisions of this Act are | 4 | | severable under Section 1.31 of the Statute on Statutes. | 5 | | Section 900. The State Finance Act is amended by adding | 6 | | Section 5.935 as follows: | 7 | | (30 ILCS 105/5.935 new) | 8 | | Sec. 5.935. The Family and Medical Leave Insurance Fund.
| 9 | | Section 999. Effective date. This Act takes effect January | 10 | | 1, 2022.".
|
|