HB5294ham002 103RD GENERAL ASSEMBLY

Rep. Laura Faver Dias

Filed: 3/18/2024

 

 


 

 


 
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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" has the meaning ascribed to that term in
12Section 2 of the Illinois Wage Payment and Collection Act.
13    "Employer" has the meaning ascribed to that term in
14Section 2 of the Illinois Wage Payment and Collection Act.
15    "Neonatal intensive care unit" or "NICU" means a special
16care unit that provides medical treatment to premature and

 

 

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

 

 

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

 

 

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

 

 

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