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| [ House Amendment 001 ] |
90_HB0180
New Act
Creates the Medical Visit and Educational Conference
Leave Act. Provides that a person who is employed in
Illinois and is an eligible employee under the federal Family
and Medical Leave Act of 1993 is entitled to a total of 24
hours of leave during any 12-month period to attend school
conferences to discuss the educational needs or progress of a
minor child or to accompany a minor child to routine visits
with a health care provider. Provides for enforcement of the
Act and for investigation of complaints by the Director of
Labor.
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LRB9000342WHmg
1 AN ACT in relation to leave for certain employees.
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 Medical Visit and Educational Conference Leave Act.
6 Section 5. Definitions. As used in this Act:
7 "Eligible employee" means a person who is employed in
8 Illinois and is an "eligible employee" under the federal
9 Family and Medical Leave Act of 1993.
10 "Employer" means a person or entity that is an "employer"
11 under the federal Family and Medical Leave Act of 1993 and
12 that employs one or more eligible employees in Illinois.
13 Section 10. Leave requirement. In addition to the leave
14 to which the eligible employee is entitled under the federal
15 Family and Medical Leave Act of 1993, an eligible employee is
16 entitled to a total of 24 hours of leave during any 12-month
17 period for one or more of the following:
18 (i) To attend conferences at a primary or secondary
19 school facility to discuss the educational needs or
20 progress of a minor child of the eligible employee.
21 (ii) To accompany a minor child of the eligible
22 employee to routine visits with a health care provider as
23 defined in the federal Family and Medical Leave Act of
24 1993.
25 Sections 2612, 2614, 2618, and 2619 of Title 29 of the
26 U.S. Code apply to leave under this Act. An employer may
27 require that a request for leave under this Act be supported
28 by a certification issued by a health care provider or school
29 official. The Director of Labor may adopt appropriate rules
30 concerning the sufficiency of certifications and procedures
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1 pertaining to certifications.
2 Section 15. Prohibited Acts.
3 (a) Interference with rights.
4 (1) Exercise of rights. It shall be unlawful for
5 any employer to interfere with, restrain, or deny the
6 exercise of or the attempt to exercise, any right
7 provided under this Act.
8 (2) Discrimination. It shall be unlawful for any
9 employer to discharge or in any other manner discriminate
10 against any individual for opposing any practice made
11 unlawful by this Act.
12 (b) Interference with proceedings or inquiries. It
13 shall be unlawful for any person to discharge or in any other
14 manner discriminate against any individual because the
15 individual:
16 (1) has filed any charge, or has instituted or
17 caused to be instituted any proceeding, under or related
18 to this Act;
19 (2) has given, or is about to give, any information
20 in connection with any inquiry or proceeding relating to
21 any right provided under this Act; or
22 (3) has testified, or is about to testify, in any
23 inquiry or proceeding relating to any right provided
24 under this Act.
25 Section 20. Investigative authority.
26 (a) In general. To ensure compliance with the
27 provisions of this Act, or any rule issued under this Act,
28 the Director shall have, subject to subsection (c), the
29 authority to investigate complaints.
30 (b) Obligation to keep and preserve records. Any
31 employer shall make, keep, and preserve records pertaining to
32 compliance with this Act in accordance with rules adopted by
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1 the Director.
2 (c) Required submissions generally limited to an annual
3 basis. The Director shall not under the authority of this
4 Section require any employer to submit to the Director any
5 books or records more than once during any 12-month period,
6 unless the Director has reasonable cause to believe there may
7 exist a violation of this Act or any rule or order issued
8 pursuant to this Act, or is investigating a charge pursuant
9 to Section 25.
10 (d) Subpoena powers. For the purposes of any
11 investigation provided for in this Section, the Director
12 shall have the authority to issue subpoenas.
13 Section 25. Enforcement.
14 (a) Civil action by employees.
15 (1) Liability. Any employer who violates Section
16 15 shall be liable to any eligible employee affected:
17 (A) for damages equal to:
18 (i) the amount of:
19 (I) any wages, salary, employment
20 benefits, or other compensation denied or
21 lost to such employee by reason of the
22 violation; or
23 (II) in a case in which wages,
24 salary, employment benefits, or other
25 compensation have not been denied or lost
26 to the employee, any actual monetary
27 losses sustained by the employee as a
28 direct result of the violation, such as
29 the cost of providing care, up to a sum
30 equal to 24 hours of wages or salary for
31 the employee;
32 (ii) the interest on the amount described
33 in clause (i) calculated at the rate of
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1 interest on judgments set in Section 2-1303 of
2 the Code of Civil Procedure; and
3 (iii) an additional amount as liquidated
4 damages equal to the sum of the amount
5 described in clause (i) and the interest
6 described in clause (ii), except that if an
7 employer who has violated Section 15 proves to
8 the satisfaction of the court that the act or
9 omission which violated Section 15 was in good
10 faith and that the employer has reasonable
11 grounds for believing that the act or omission
12 was not a violation of Section 15, the court
13 may, in the discretion of the court, reduce the
14 amount of the liability to the amount and
15 interest determined under clauses (i) and (ii),
16 respectively; and
17 (B) for such equitable relief as may be
18 appropriate, including employment, reinstatement,
19 and promotion.
20 (2) Right of action. An action to recover the
21 damages or equitable relief prescribed in paragraph (1)
22 may be maintained against any employer (including a
23 public agency) in the circuit court by any one or more
24 employees for and in behalf of:
25 (A) the employees; or
26 (B) the employees and other employees
27 similarly situated.
28 (3) Fees and costs. The court in such an action
29 shall, in addition to any judgment awarded to the
30 plaintiff, allow reasonable attorney's fees, reasonable
31 expert witness fees, and other costs of the action to be
32 paid by the defendant.
33 (4) Limitations. The right provided by paragraph
34 (2) to bring an action by or on behalf of any employee
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1 shall terminate:
2 (A) on the filing of a complaint by the
3 Director in an action under subsection (d) in which
4 restraint is sought of any further delay in the
5 payment of the amount described in paragraph (1)(A)
6 to the employee by an employer responsible under
7 paragraph (1) for the payment; or
8 (B) on the filing of a complaint by the
9 Director in an action under subsection (b) in which
10 a recovery is sought of the damages described in
11 paragraph (1)(A) owing to an eligible employee by an
12 employer liable under paragraph (1), unless the
13 action described in subparagraph (A) or (B) is
14 dismissed without prejudice on motion of the
15 Director.
16 (b) Action by the Director.
17 (1) Administrative action. The Director shall
18 receive, investigate, and attempt to resolve complaints
19 of violations of Section 15.
20 (2) Civil action. The Director may bring an action
21 in the circuit court to recover the damages described in
22 subsection (a)(1)(A).
23 (3) Sums recovered. Any sums recovered by the
24 Director pursuant to paragraph (2) shall be held in a
25 special deposit account and shall be paid, on order of
26 the Director, directly to each employee affected. Any
27 such sums not paid to an employee because of inability to
28 do so within a period of 3 years shall be deposited into
29 the General Revenue Fund.
30 (c) Limitation.
31 (1) In general. Except as provided in paragraph
32 (2), an action may be brought under this Section not
33 later than 2 years after the date of the last event
34 constituting the alleged violation for which the action
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1 is brought.
2 (2) Willful violation. An action for a willful
3 violation of Section 15 may be brought within 3 years of
4 the date of the last event constituting the alleged
5 violation for which the action is brought.
6 (3) Commencement. In determining when an action is
7 commenced by the Director under this Section for the
8 purposes of this subsection, it shall be considered to be
9 commenced on the date when the complaint is filed.
10 (d) Action for injunction by secretary. The circuit
11 court shall have jurisdiction in an action brought by the
12 Director:
13 (1) to restrain violations of Section 15, including
14 the restraint of any withholding of payment of wages,
15 salary, employment benefits, or other compensation, plus
16 interest, found by the court to be due to eligible
17 employees; or
18 (2) to award such other equitable relief as may be
19 appropriate, including employment, reinstatement, and
20 promotion.
21 Section 30. Rules. The Director of Labor may adopt
22 appropriate rules to carry out its powers and duties under
23 this Act.