HB5294ham001 103RD GENERAL ASSEMBLY

Rep. Laura Faver Dias

Filed: 2/29/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5294

2    AMENDMENT NO. ______. Amend House Bill 5294 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Family Neonatal Intensive Care Leave Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Child" means an employee's son or daughter who is a
8biological, adopted, or foster child, a stepchild, a legal
9ward, or a child of a person standing in loco parentis.
10    "Department" means the Department of Labor.
11    "Employee" means eligible employee, as defined by Section
12101(2) of the federal Family and Medical Leave Act of 1993 (29
13U.S.C. 2601 et seq.).
14    "Employer" means employer, as defined by Section 101(4) of
15the federal Family and Medical Leave Act of 1993 (29 U.S.C.
162601 et seq.).

 

 

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1    "Neonatal intensive care unit" or "NICU" means a special
2care unit that provides medical treatment to premature and
3critically ill infants.
 
4    Section 10. Neonatal intensive care family leave.
5    (a) An employee of an employer with 10 or fewer employees
6shall be entitled to use a maximum of 10 days of unpaid
7neonatal intensive care leave while a child of the employee is
8a patient in a neonatal intensive care unit. An employee of an
9employer with more than 10 employees shall be entitled to use
10unpaid neonatal intensive care leave for as long as a child of
11the employee is a patient in a neonatal intensive care unit.
12    (b) An employer shall not require that an employee use
13leave the employee is entitled to under the Family Medical
14Leave Act instead of leave the employee is entitled to under
15this Act.
 
16    Section 15. Unlawful employer practices.
17    (a) It is unlawful for any employer to take any adverse
18action against an employee because the employee:
19        (1) exercises rights or attempts to exercise rights
20    under this Act;
21        (2) opposes practices which such employee believes to
22    be in violation of this Act; or
23        (3) supports the exercise of rights of another under
24    this Act.

 

 

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1    (b) Exercising rights under this Act includes filing an
2action or instituting or causing to be instituted any
3proceeding under or related to this Act, providing or agreeing
4to provide any information in connection with any inquiry or
5proceeding relating to any right provided under this Act, or
6testifying to or agreeing to testify in any inquiry or
7proceeding relating to any right provided under this Act.
 
8    Section 20. Department responsibilities.
9    (a) The Department shall administer and enforce this Act
10and adopt rules under the Illinois Administrative Procedure
11Act for the purpose of this Act. The Department shall have the
12powers and the parties shall have the rights provided in the
13Illinois Administrative Procedure Act for contested cases. The
14Department shall have the power to conduct investigations in
15connection with the administration and enforcement of this
16Act, including the power to conduct depositions and discovery
17and to issue subpoenas. If the Department finds cause to
18believe that this Act has been violated, the Department shall
19notify the parties in writing and the matter shall be referred
20to an administrative law judge to schedule a formal hearing in
21accordance with hearing procedures established by rule.
22    (b) The Department is authorized to impose civil penalties
23prescribed in Section 25 in administrative proceedings that
24comply with the Illinois Administrative Procedure Act and to
25supervise the payment of the unpaid wages and damages owing to

 

 

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1the employee or employees under this Act. The Department may
2bring any legal action necessary to recover the amount of
3unpaid wages, damages, and penalties, and the employer shall
4be required to pay the costs. Any sums recovered by the
5Department on behalf of an employee under this Act shall be
6paid to the employee or employees affected. However, 20% of
7any penalty collected from the employer for a violation of
8this Act shall be deposited into the Neonatal Intensive Care
9Leave Fund, a special fund created in the State treasury, and
10used for the enforcement of this Act.
11    (c) The Attorney General may bring an action to enforce
12the collection of any civil penalty imposed under this Act.
 
13    Section 25. Enforcement.
14    (a) An employee who believes his or her rights under this
15Act or any rule adopted under this Act have been violated may,
16within 60 days after the date of the last event constituting
17the alleged violation for which the action is brought, file a
18complaint with the Department or file a civil action.
19    (b) An employer that violates any provision of this Act or
20any rule adopted under this Act is subject to a civil penalty
21for each employee affected as follows:
22        (1) for a first offense, a civil penalty not to exceed
23    $500; and
24        (2) for a second or subsequent offense, a civil
25    penalty not to exceed $1,000.

 

 

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1    (c) A civil action may be brought in the circuit court by
2an employee to enforce this Act. The circuit court may enjoin
3any act or practice that violates or may violate this Act and
4may order any other equitable relief that is necessary and
5appropriate to redress the violation or to enforce the Act.
 
6    Section 90. The State Finance Act is amended by adding
7Section 5.1015 as follows:
 
8    (30 ILCS 105/5.1015 new)
9    Sec. 5.1015. The Neonatal Intensive Care Leave Fund.".