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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. LRB9000342WHmg 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 -2- LRB9000342WHmg 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 -3- LRB9000342WHmg 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 -4- LRB9000342WHmg 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 -5- LRB9000342WHmg 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 -6- LRB9000342WHmg 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.
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