Full Text of SB1190 98th General Assembly
SB1190 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1190 Introduced 1/30/2013, by Sen. Toi W. Hutchinson SYNOPSIS AS INTRODUCED: |
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Creates the Illinois Family Care Provider Act. Provides that an employer must provide up to 12 weeks of unpaid family medical leave to an employee during any 12-month period for one or more of these purposes: the birth or adoption of a grandchild in order for the employee to care for such grandchild; because of the placement of a grandchild with the employee for adoption or foster care; or in order for the employee to care for a grandchild if such grandchild has a serious health condition or the employee to care for a grandparent if such grandparent has a serious health condition. Contains provisions concerning employee benefits and prohibited acts. Requires the Illinois Department of Labor to enforce the Act and authorizes an employee to file a civil action for enforcement. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Illinois Family Care Provider Act. | 6 | | Section 5. Findings and purpose. | 7 | | (a) Findings. The General Assembly finds that: | 8 | | (1) the number of households in Illinois in which | 9 | | working grandparents have primary responsibility for the | 10 | | care of grandchildren is significant; currently, almost | 11 | | 100,000 grandparents are responsible for the care of | 12 | | grandchildren living with them, and of these, 68% are under | 13 | | the age of 60; | 14 | | (2) in Illinois, over 230,000 children under the age of | 15 | | 18 live in homes with grandparents as the householders;
| 16 | | (3) the number of households in which grandchildren | 17 | | have primary responsibility for the care of grandparents | 18 | | and other family members is significant; in fact, | 19 | | grandchildren comprise 8% of informal caregivers | 20 | | nationally;
| 21 | | (4) it is important for the family unit that | 22 | | grandparents and grandchildren be able to participate in | 23 | | the care of family members who have serious health |
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| 1 | | conditions; and
| 2 | | (5) the lack of employment policies to accommodate | 3 | | working caregivers, including employees caring for | 4 | | grandchildren or grandparents, can force individuals to | 5 | | choose between job security and caregiving | 6 | | responsibilities.
| 7 | | (b) Purpose. It is the purpose of this Act that all | 8 | | employers required to comply with the Family and Medical Leave | 9 | | Act of 1993, 29 U.S.C 2601, et seq., shall include grandparents | 10 | | and grandchildren as "eligible employees" for leave for the | 11 | | birth or adoption of a grandchild in order for a grandparent to | 12 | | care for such grandchild; because of the placement of a | 13 | | grandchild with the grandparent for adoption or foster care; | 14 | | and in order for the grandparent to care for the grandchild if | 15 | | such grandchild has a serious health condition or the | 16 | | grandchild to care for the grandparent if such grandparent has | 17 | | a serious health condition. | 18 | | Section 10. Definitions. In this Act: | 19 | | "Eligible employee" means any person who may be permitted, | 20 | | required, or directed by an employer in consideration of direct | 21 | | or indirect gain or profit to engage in any employment. | 22 | | "Employee" does include an independent contractor. | 23 | | "Employee" includes an employee of a covered employer who | 24 | | has been employed by the same employer for at least 12 months | 25 | | and has been employed for at least 1,250 hours of service |
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| 1 | | during the 12-month period immediately preceding the | 2 | | commencement of the leave.
| 3 | | "Employee benefits" means all benefits, other than salary | 4 | | and wages, provided or made available to employees by an | 5 | | employer and includes group life insurance, health insurance, | 6 | | disability insurance, and pensions, regardless of whether | 7 | | benefits are provided by a policy or practice of an employer.
| 8 | | "Employer" means (1) any person, partnership, corporation, | 9 | | association, or other business entity; and (2) the State of | 10 | | Illinois, municipalities, and other units of local government.
| 11 | | "Grandparent" means a biological, adopted, or foster | 12 | | grandparent or step grandparent of an employee.
| 13 | | "Grandchild" means a biological, adopted, or foster | 14 | | grandchild or step grandchild of an employee who is:
| 15 | | (a) under 18 years of age; or
| 16 | | (b) 18 years of age or older and incapable of self-care | 17 | | because of a mental or physical disability.
| 18 | | Section 15. Family leave requirement. | 19 | | (a) Subject to the conditions set forth in this Section, an | 20 | | employer that employs more than 50 employees shall provide up | 21 | | to 12 weeks of unpaid family medical leave to an employee | 22 | | during any 12-month period for one or more of the following: | 23 | | the birth or adoption of a grandchild in order for the employee | 24 | | to care for such grandchild; because of the placement of a | 25 | | grandchild with the employee for adoption or foster care; or in |
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| 1 | | order for the employee to care for a grandchild if such | 2 | | grandchild has a serious health condition or the employee to | 3 | | care for a grandparent if such grandparent has a serious health | 4 | | condition. | 5 | | (b) The employee shall give at least 14 days' notice of the | 6 | | intended date upon which the family medical leave will commence | 7 | | if the leave will consist of 5 or more consecutive work days. | 8 | | When able, the employee shall consult with the employer to | 9 | | schedule the leave so as to not unduly disrupt the operations | 10 | | of the employer. Employees taking family medical leave for less | 11 | | than 5 consecutive days shall give the employer such advanced | 12 | | notice as is practical.
| 13 | | (c) An employee shall not take leave as provided under this | 14 | | Act unless he or she has exhausted all accrued vacation leave, | 15 | | personal leave, compensatory leave, and any other leave that | 16 | | may be granted to the employee, except sick leave and | 17 | | disability leave.
| 18 | | Section 20. Employee benefits protection. | 19 | | (a) Any employee who exercises the right to family medical | 20 | | leave under this Act, upon expiration of the leave, shall be | 21 | | entitled to be restored by the employer to the position held by | 22 | | the employee when the leave commenced or to a position with | 23 | | equivalent seniority status, employee benefits, pay, and other | 24 | | terms and conditions of employment. This Section does not apply | 25 | | if the employer proves that the employee was not restored as |
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| 1 | | provided in this Section because of conditions unrelated to the | 2 | | employee's exercise of rights under this Act.
| 3 | | (b) During any family medical leave taken under this Act, | 4 | | the employer shall continue employee benefits at the employer's | 5 | | expense.
| 6 | | Section 25. Effect on existing employee benefits. | 7 | | (a) Taking family medical leave under this Act shall not | 8 | | result in the loss of any employee benefit accrued before the | 9 | | date on which the leave commenced.
| 10 | | (b) Nothing in this Act shall be construed to affect an | 11 | | employer's obligation to comply with any collective bargaining | 12 | | agreement or employee benefit plan that provides greater leave | 13 | | rights to employees than the rights provided under this Act.
| 14 | | (c) The family medical leave rights provided under this Act | 15 | | shall not be diminished by any collective bargaining agreement | 16 | | or employee benefit plan.
| 17 | | (d) Nothing in this Act shall be construed to affect or | 18 | | diminish the contract rights or seniority status of any other | 19 | | employee of any employer covered under this Act.
| 20 | | Section 30. Prohibited acts. | 21 | | (a) An employer shall not interfere with, restrain, or deny | 22 | | the exercise or the attempt to exercise any right provided | 23 | | under this Act.
| 24 | | (b) An employer shall not discharge, fine, suspend, expel, |
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| 1 | | discipline, or in any other manner discriminate against any | 2 | | employee that exercises any right provided under this Act.
| 3 | | (c) An employer shall not discharge, fine, suspend, expel, | 4 | | discipline, or in any other manner discriminate against any | 5 | | employee for opposing any practice made unlawful by this Act
| 6 | | Section 35. Enforcement. This Act shall be enforced by the | 7 | | Illinois Department of Labor.
A civil action may be brought in | 8 | | the circuit court having jurisdiction by an employee to enforce | 9 | | this Act. The circuit court may enjoin any act or practice that | 10 | | violates or may violate this Act and may order any other | 11 | | equitable relief that is necessary and appropriate to redress | 12 | | the violation or to enforce this Act.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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