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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Family | ||||||||||||||||||||||||
5 | Leave Insurance Program Act. | ||||||||||||||||||||||||
6 | Section 5. Findings and purpose.
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7 | (A) Findings. The General Assembly finds: | ||||||||||||||||||||||||
8 | (1) Although family leave laws have helped employees to | ||||||||||||||||||||||||
9 | balance the demands of the workplace with their family | ||||||||||||||||||||||||
10 | responsibilities, more needs to be done to achieve the | ||||||||||||||||||||||||
11 | goals of workforce stability and economic security. | ||||||||||||||||||||||||
12 | (2) Many employees do not have access to family and | ||||||||||||||||||||||||
13 | medical leave, and those who do may not be in a financial | ||||||||||||||||||||||||
14 | position to take leave that is unpaid. Those who are | ||||||||||||||||||||||||
15 | compelled to take leave in spite of financial inability to | ||||||||||||||||||||||||
16 | do so often fall into debt from which it is hard to | ||||||||||||||||||||||||
17 | recover. | ||||||||||||||||||||||||
18 | (3) Most families no longer have one person who is the | ||||||||||||||||||||||||
19 | full-time caregiver and one who is the full-time | ||||||||||||||||||||||||
20 | breadwinner.
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21 | (4) The majority of mothers with school-age children | ||||||||||||||||||||||||
22 | are in the workforce. | ||||||||||||||||||||||||
23 | (5) It is important for a child's development that |
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1 | mothers and fathers be able to participate in early | ||||||
2 | child-rearing. | ||||||
3 | (6) The average weekly hours of family caregiving for | ||||||
4 | adults amounts to a part-time job. | ||||||
5 | (7) Employer-paid benefits meet only a small part of | ||||||
6 | this need. Benefits are often given to some workers but not | ||||||
7 | all.
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8 | (8) The working population in Illinois contains a high | ||||||
9 | number of "baby boom" workers approaching retirement age, | ||||||
10 | who are increasingly called upon to care for their own | ||||||
11 | parents, an impaired spouse, or a grandchild. Older workers | ||||||
12 | need time off to care for themselves or rely on care from | ||||||
13 | younger relatives who are in the workforce. The | ||||||
14 | establishment of paid family and medical leave benefits | ||||||
15 | will ease workplace demands and reduce the impact on State | ||||||
16 | income-support programs by increasing the ability of | ||||||
17 | workers to recover from illness or provide caregiving | ||||||
18 | services for family members while maintaining employment. | ||||||
19 | (9) Employers will benefit from the establishment of a | ||||||
20 | family leave insurance program because of higher retention | ||||||
21 | rates and lower costs in turnover and retraining when | ||||||
22 | employees are able to take a leave and return to the job. | ||||||
23 | (10) Employers who could otherwise not afford to offer | ||||||
24 | paid leave will benefit from a paid leave program that does | ||||||
25 | not require them to fund the full costs. | ||||||
26 | (B) Purpose. This Act is enacted to establish a Family |
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1 | Leave Insurance Program to provide limited income support for a | ||||||
2 | reasonable period while an employee is away from work on family | ||||||
3 | leave, a policy which protects the health and safety of | ||||||
4 | Illinois residents and strengthens the Illinois economy. | ||||||
5 | Section 10. Family Leave Insurance Program.
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6 | (A) Definitions. As used this Act: | ||||||
7 | "Application year" means the 12-month period beginning | ||||||
8 | on the first day of the calendar week in which an employee | ||||||
9 | files an application for FLIP benefits and, thereafter, the | ||||||
10 | 12-month period beginning with the first day of the | ||||||
11 | calendar week in which the employee files a subsequent | ||||||
12 | application for FLIP benefits after the expiration of the | ||||||
13 | employee's last preceding application year. | ||||||
14 | "Child" means a person who is a biological, adopted, or | ||||||
15 | foster child, a stepchild, a legal ward, or a child of a | ||||||
16 | person standing in loco parentis, and who is (i) under 18 | ||||||
17 | years of age or
(ii) 18 years of age or older and incapable | ||||||
18 | of self-care because of a mental or physical disability. | ||||||
19 | "Department" means the Department of Employment | ||||||
20 | Security. | ||||||
21 | "Employer" means one who employs one or more employees, | ||||||
22 | including this State and its political subdivisions. | ||||||
23 | "FLIP leave" means leave taken by an employee who is | ||||||
24 | unavailable to work: because the employee has to care for a | ||||||
25 | newborn child, or a newly-placed adopted or foster child |
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1 | (and leave is completed within 12 months after the birth or | ||||||
2 | the placement of the child for foster care or adoption); | ||||||
3 | because the employee has to care for a family member who | ||||||
4 | has a serious health condition; or because of the | ||||||
5 | employee's own serious health condition. | ||||||
6 | "Family member" means a child, spouse, parent, or | ||||||
7 | parent-in-law of the employee, or a person with whom the | ||||||
8 | employee has resided in the same household for 6 months or | ||||||
9 | longer. | ||||||
10 | "FLIP" means the Family Leave Insurance Program. | ||||||
11 | "Healthcare provider" means: (A) a person who directly | ||||||
12 | treats or
supervises the treatment of the serious health | ||||||
13 | condition and: (i) is licensed to practice medicine in all | ||||||
14 | of its
branches in Illinois and possesses the degree of | ||||||
15 | doctor of
medicine; (ii)
is licensed to practice medicine | ||||||
16 | in Illinois and possesses the degree of
doctor of | ||||||
17 | osteopathy or osteopathic medicine; or (iii) is licensed to | ||||||
18 | practice medicine in all of its
branches or as an | ||||||
19 | osteopathic physician in another state or jurisdiction; or
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20 | (B) any other person determined by the United States | ||||||
21 | Secretary of
Labor to be capable of providing healthcare | ||||||
22 | services under the federal Family and Medical Leave Act. | ||||||
23 | "Parent" means a biological or adoptive parent, a | ||||||
24 | stepparent, or a person who stands in loco parentis to an | ||||||
25 | employee or an employee's spouse. | ||||||
26 | "Premium" means the money payments required by this Act |
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1 | to be made to the Department for the FLIP Account. | ||||||
2 | "Qualifying year" means the first 4 of the last 5 | ||||||
3 | completed calendar quarters or the last 4 completed | ||||||
4 | calendar quarters immediately preceding the first day of | ||||||
5 | the employee's application year. | ||||||
6 | "Serious health condition" means an illness, injury, | ||||||
7 | impairment, or physical or mental condition that involves | ||||||
8 | inpatient care in a hospital, hospice, or residential | ||||||
9 | medical care facility, or continuing treatment by a | ||||||
10 | healthcare provider. | ||||||
11 | (B) Applying for FLIP leave benefits. | ||||||
12 | (1) The Department shall establish and administer a | ||||||
13 | FLIP Account, and establish procedures and forms for filing | ||||||
14 | benefit claims. The Department shall notify the employer | ||||||
15 | within 2 business days of a claim being filed. | ||||||
16 | (2) The Department may require that a claim for | ||||||
17 | benefits under this Act be supported by a certification | ||||||
18 | issued by a healthcare provider who is providing care to | ||||||
19 | the employee or the employee's family member, as | ||||||
20 | applicable. | ||||||
21 | (3) Information contained in the files and records | ||||||
22 | pertaining to an employee under this Act are confidential | ||||||
23 | and not open to public inspection, other than to public | ||||||
24 | employees in the performance of their official duties. | ||||||
25 | However, the employee or an authorized representative of an | ||||||
26 | employee may review the records or receive specific |
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1 | information from the records on the presentation of the | ||||||
2 | signed authorization of the employee. An employer or the | ||||||
3 | employer's duly authorized representative may review the | ||||||
4 | records of an employee in connection with a pending claim. | ||||||
5 | At the Department's discretion, other persons may review | ||||||
6 | records when those persons are rendering assistance to the | ||||||
7 | Department at any stage of the proceedings on any matter | ||||||
8 | pertaining to the administration of this Act. | ||||||
9 | (C) Qualifying for FLIP leave benefits. FLIP leave benefits | ||||||
10 | are payable to an employee during a period in which the | ||||||
11 | employee is on FLIP leave if the employee: | ||||||
12 | (1) Files a claim for benefits as required by rules | ||||||
13 | adopted by the Department. | ||||||
14 | (2) Has earned at least $1,600 and worked at least 6 | ||||||
15 | months during the employee's qualifying year for the | ||||||
16 | employer from whom the employee is on FLIP leave. | ||||||
17 | (3) Documents that he or she has provided the employer | ||||||
18 | from whom FLIP leave is to be taken with written notice of | ||||||
19 | his or her intention to take FLIP leave as follows: | ||||||
20 | (a) If the necessity for FLIP leave was foreseeable | ||||||
21 | based on an expected birth, placement, or treatment, | ||||||
22 | notice was given at least 30 days before FLIP leave was | ||||||
23 | to begin, stating the anticipated starting date and | ||||||
24 | ending date of the leave. | ||||||
25 | (b) If the date of birth, placement, or treatment | ||||||
26 | requiring FLIP leave will begin in less than 30 days, |
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1 | as much notice as practicable was given. | ||||||
2 | (c) In the case of medical treatment, the employee | ||||||
3 | made reasonable efforts to schedule the treatment so as | ||||||
4 | not to unduly disrupt the operations of the employer, | ||||||
5 | subject to the approval of the healthcare provider. | ||||||
6 | (d) An employer may require that a request for FLIP | ||||||
7 | leave be supported by certification issued by a | ||||||
8 | healthcare provider of the employee or of the family | ||||||
9 | member for whom the employee is caring. If the employer | ||||||
10 | has reason to doubt the validity of the certification, | ||||||
11 | the employer may require, at the expense of the | ||||||
12 | employer, that the employee obtain the opinion of a | ||||||
13 | second healthcare provider approved by the employer. | ||||||
14 | However, the healthcare provider approved by the | ||||||
15 | employer may not be employed on a regular basis by the | ||||||
16 | employer. If the second opinion differs from the first | ||||||
17 | opinion, the employer may require, at the expense of | ||||||
18 | the employer, that the employee obtain the opinion of a | ||||||
19 | third healthcare provider approved jointly by the | ||||||
20 | employer and the employee. The opinion of the third | ||||||
21 | healthcare provider shall be considered to be final and | ||||||
22 | binding on the employer and employee. | ||||||
23 | (4) Discloses whether or not she or he owes child | ||||||
24 | support obligations. | ||||||
25 | (D) Disqualification from benefits. | ||||||
26 | (1) An employee is disqualified from FLIP benefits |
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1 | beginning with the first day of the calendar week, and | ||||||
2 | continuing for the next 52 consecutive weeks, if the | ||||||
3 | employee: | ||||||
4 | (a) willfully made a false statement or | ||||||
5 | misrepresentation regarding a material fact, or | ||||||
6 | willfully failed to report a material fact, to obtain | ||||||
7 | benefits under this Act; or
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8 | (b) seeks benefits based on a willful and | ||||||
9 | intentional self-inflicted serious health condition or | ||||||
10 | a serious health condition resulting from the | ||||||
11 | employee's perpetration of a felony. | ||||||
12 | (2) An employee is not disqualified for benefits for | ||||||
13 | any week during which there is a strike or lockout at the | ||||||
14 | factory, establishment, or other premises at which the | ||||||
15 | employee is or was last employed. | ||||||
16 | (E) Duration and amount of benefits. | ||||||
17 | (1) In an application year, FLIP benefits are payable | ||||||
18 | for a maximum of 4 weeks. | ||||||
19 | (2) Payments must be made within 2 weeks of an employee | ||||||
20 | commencing FLIP leave. | ||||||
21 | (3) FLIP benefits shall be paid as follows: | ||||||
22 | (a) Benefits shall be 67% of weekly wages up to a | ||||||
23 | maximum of $380 per week for an employee who at the | ||||||
24 | time FLIP leave began was regularly working 35 hours or | ||||||
25 | more per week or a pro-rated amount based on the weekly | ||||||
26 | hours regularly worked for an employee regularly |
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1 | working less than 35 hours per week. | ||||||
2 | (b) The Department annually shall calculate to the | ||||||
3 | nearest dollar an adjusted maximum benefit to account | ||||||
4 | for inflation using the consumer price index for urban | ||||||
5 | wage earners and clerical workers (CPI-W) or a | ||||||
6 | successor index. | ||||||
7 | (c) If an employee disclosed that he or she owes | ||||||
8 | child support obligations and the Department | ||||||
9 | determines that the employee is eligible for benefits, | ||||||
10 | the Department shall notify the applicable State or | ||||||
11 | local child support enforcement agency and deduct and | ||||||
12 | withhold from benefits the amount of child support | ||||||
13 | owed, as appropriate. | ||||||
14 | (d) If an employee elects to have federal income | ||||||
15 | tax deducted and withheld from benefits, the | ||||||
16 | Department shall deduct and withhold the amount | ||||||
17 | specified in the federal Internal Revenue Code. | ||||||
18 | (4) If FLIP benefits are paid erroneously or as a | ||||||
19 | result of fraud, or if a claim for benefits is rejected | ||||||
20 | after benefits are paid, the Department shall seek | ||||||
21 | repayment of benefits from the recipient.
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22 | (5) If an employee dies while on FLIP leave before | ||||||
23 | receiving payment of benefits, the payment shall be made by | ||||||
24 | the Department to the surviving spouse or the child or | ||||||
25 | children if there is no surviving spouse. If there is no | ||||||
26 | surviving spouse and no child or children, the payment |
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1 | shall be made and distributed consistent with the terms of | ||||||
2 | the decedent's will or, if the decedent dies intestate, | ||||||
3 | consistent with the terms of Illinois intestate succession | ||||||
4 | law. | ||||||
5 | (F) Existing benefits not diminished. | ||||||
6 | (1) Nothing in this Act may be construed to limit an | ||||||
7 | employee's right to leave from employment under other laws | ||||||
8 | or employer policy. | ||||||
9 | (2) If an employer provides paid time off or an | ||||||
10 | employee is covered by disability insurance, the employee | ||||||
11 | may elect whether first to use the paid time off or to | ||||||
12 | receive temporary disability benefits. An employee may not | ||||||
13 | be required to use his or her paid time off or disability | ||||||
14 | insurance to which he or she is entitled before receiving | ||||||
15 | benefits under this Act. | ||||||
16 | (3) An employer may require that FLIP leave for which | ||||||
17 | an employee is receiving or received benefits under this | ||||||
18 | Act be taken concurrently with leave under the federal | ||||||
19 | Family and Medical Leave Act or other applicable federal, | ||||||
20 | State, or local law, except that: | ||||||
21 | (a) FLIP leave during which the employee is | ||||||
22 | receiving or received benefits under this Act is in | ||||||
23 | addition to leave from employment during which | ||||||
24 | benefits are paid or are payable under workers' | ||||||
25 | compensation law and that is designated as leave under | ||||||
26 | the federal Family and Medical Leave Act. |
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1 | (b) If an employer requires that FLIP leave for | ||||||
2 | which an employee is receiving or received benefits | ||||||
3 | under this Act be taken concurrently with leave under | ||||||
4 | the federal Family and Medical Leave Act or other | ||||||
5 | applicable federal, State, or local law, the employer | ||||||
6 | must give all employees written notice of the | ||||||
7 | requirement. | ||||||
8 | (4) Benefits under this Act are supplementary to a | ||||||
9 | federal, State, or local law establishing similar | ||||||
10 | entitlement benefits, and if a federal, State, or local law | ||||||
11 | applying to the employee establishes a more favorable right | ||||||
12 | to return to his or her position than is established under | ||||||
13 | this Section, the application of that federal, State, or | ||||||
14 | local law is not affected by this Section. | ||||||
15 | (5) An employee who has received benefits under this | ||||||
16 | Act does not lose any employment benefit, including | ||||||
17 | seniority or pension rights accrued before the date that | ||||||
18 | FLIP leave commenced. However, this Act does not entitle an | ||||||
19 | employee to accrue employment benefits during a period of | ||||||
20 | FLIP leave or to a right, benefit, or position of | ||||||
21 | employment other than a right, benefit, or position to | ||||||
22 | which the employee would have been entitled had the | ||||||
23 | employee not taken FLIP leave. | ||||||
24 | (6) This Act may not be construed to diminish an | ||||||
25 | employer's obligation to comply with a collective | ||||||
26 | bargaining agreement or an employment benefit program or a |
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1 | plan that provides greater benefits to employees than FLIP | ||||||
2 | benefits provided under this Act. | ||||||
3 | (7) An agreement by an employee to waive his or her | ||||||
4 | rights under this Act is void as against public policy. The | ||||||
5 | benefits provided to employees under this Act may not be | ||||||
6 | diminished by a collective bargaining agreement or an | ||||||
7 | employment benefit program or plan entered into or renewed | ||||||
8 | after the effective date of this Act. | ||||||
9 | (G) Election of coverage. | ||||||
10 | (1) An employer may opt out of participation in FLIP | ||||||
11 | under this Act if: | ||||||
12 | (a) the employer is participating in a private plan | ||||||
13 | that meets or exceeds all benefits under FLIP; or | ||||||
14 | (b) the employer provides its own coverage that | ||||||
15 | meets or exceeds all benefits under FLIP. | ||||||
16 | (2) An employer of employees not covered by this Act or | ||||||
17 | a self-employed person may elect coverage under FLIP under | ||||||
18 | this Act for an initial period of not less than 3 years or | ||||||
19 | a subsequent period of not less than one year immediately | ||||||
20 | following another period of coverage. The employer or | ||||||
21 | self-employed person must file a notice of election in | ||||||
22 | writing with the Department. The election becomes | ||||||
23 | effective on the date of filing the notice. The Department | ||||||
24 | shall establish a payment amount for participation in FLIP | ||||||
25 | for self-employed people that is higher than for other | ||||||
26 | employers, to reflect that the self-employed person is both |
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1 | employer and employee for purposes of this Act. | ||||||
2 | (3) An employer or self-employed person who has elected | ||||||
3 | coverage may withdraw from coverage within 30 days after | ||||||
4 | the end of the three-year period of coverage, or at such | ||||||
5 | other times as the Department may prescribe by rule, by | ||||||
6 | filing written notice with the Department. The withdrawal | ||||||
7 | shall take effect not sooner than 30 days after the filing | ||||||
8 | of the notice. | ||||||
9 | (4) The Department may cancel elective coverage if the | ||||||
10 | employer or self-employed person fails to provide required | ||||||
11 | payments or reports. The Department may collect due and | ||||||
12 | unpaid premiums and may levy an additional premium for the | ||||||
13 | remainder of the period of coverage. The cancellation shall | ||||||
14 | be effective no later than 30 days from the date of the | ||||||
15 | notice in writing advising the employer or self-employed | ||||||
16 | person of the cancellation. | ||||||
17 | (H) Records and reports. | ||||||
18 | (1) The Department shall specify the forms and times | ||||||
19 | for employers to provide reports, furnish information, and | ||||||
20 | remit premiums. If the employer is a temporary services | ||||||
21 | agency that provides employees on a temporary basis to its | ||||||
22 | customers, the temporary services agency is considered the | ||||||
23 | employer for purposes of this Section. However, if the | ||||||
24 | temporary services agency fails to remit the required | ||||||
25 | premiums, the customer to whom the employees were provided | ||||||
26 | is liable for paying the premiums. |
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1 | (2) An employer must keep at its place of business a | ||||||
2 | record of employment from which the information needed by | ||||||
3 | the Department for purposes of this Act may be obtained. | ||||||
4 | This record shall at all times be open to the inspection of | ||||||
5 | the Department pursuant to rules promulgated by the | ||||||
6 | Department. | ||||||
7 | (3) Information obtained from employer records under | ||||||
8 | this Act are confidential and not open to public | ||||||
9 | inspection, other than to public employees in the | ||||||
10 | performance of their official duties. However, an | ||||||
11 | interested party shall be supplied with information from | ||||||
12 | employer records to the extent necessary for the proper | ||||||
13 | presentation of the case in question. An employer may | ||||||
14 | authorize inspection of its records by written consent. | ||||||
15 | (I) Disposal of business. | ||||||
16 | (1) When an employer quits business, or sells out, | ||||||
17 | exchanges, or otherwise disposes of the business or stock | ||||||
18 | of goods, any premium payable under this Act is immediately | ||||||
19 | due and payable, and the employer must, within 10 days | ||||||
20 | thereafter, make a return and pay the premium due. Any | ||||||
21 | person who becomes a successor to the business is liable | ||||||
22 | for the full amount of the premium and must withhold from | ||||||
23 | the purchase price a sum sufficient to pay any premium due | ||||||
24 | from the employer until the employer produces a receipt | ||||||
25 | from the Department showing payment in full of any premium | ||||||
26 | due or a certificate that no premium is due and, if the |
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1 | premium is not paid by the employer within 10 days from the | ||||||
2 | date of the sale, exchange, or disposal, the successor is | ||||||
3 | liable for the payment of the full amount of premium. The | ||||||
4 | successor's payment thereof is, to the extent thereof, a | ||||||
5 | payment upon the purchase price, and if the payment is | ||||||
6 | greater in amount than the purchase price, the amount of | ||||||
7 | the difference is a debt due the successor from the | ||||||
8 | employer. | ||||||
9 | (2) A successor is not liable for any premium due from | ||||||
10 | the person from whom the successor has acquired a business | ||||||
11 | or stock of goods if the successor gives written notice to | ||||||
12 | the Department of the acquisition and no assessment is | ||||||
13 | issued by the Department within 180 days of receipt of the | ||||||
14 | notice against the former operator of the business and a | ||||||
15 | copy is mailed to the successor. | ||||||
16 | (J) FLIP Account. | ||||||
17 | (1) The FLIP Account is created in the custody of the | ||||||
18 | State Treasurer. All receipts from the premium or penalties | ||||||
19 | imposed under this Act must be deposited in the account. | ||||||
20 | Expenditures from the account may be used only for the | ||||||
21 | purposes of the FLIP Program. | ||||||
22 | (2) Each employer shall retain from the earnings of | ||||||
23 | each full-time employee a premium in the amount of 75 cents | ||||||
24 | per week or, for part-time employees, an amount pro-rated | ||||||
25 | based on the number of actual hours worked. The employer | ||||||
26 | shall match the amount retained by an equal amount, and the |
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1 | money retained shall be paid to the Department in the | ||||||
2 | manner and at such intervals as the Department directs for | ||||||
3 | deposit in the FLIP Account. | ||||||
4 | (3) The Department shall adjust the amount of the | ||||||
5 | premium from time to time to ensure that the amount is the | ||||||
6 | lowest rate necessary to pay FLIP benefits and | ||||||
7 | administrative costs, and maintain actuarial solvency in | ||||||
8 | accordance with recognized insurance principles. | ||||||
9 | (4) The Department may adopt rules to permit an | ||||||
10 | employee with multiple employers and his or her employers | ||||||
11 | to petition for refunds or credits of amounts paid to the | ||||||
12 | Department for hours in excess of 35 hours per week worked | ||||||
13 | by the employee. | ||||||
14 | (K) Taxation of FLIP benefits. The Department must advise | ||||||
15 | an employee filing a new claim for FLIP benefits, at the time | ||||||
16 | of filing the claim, that: | ||||||
17 | (1) Benefits are subject to federal income tax and | ||||||
18 | State income tax. | ||||||
19 | (2) Requirements exist pertaining to estimated tax | ||||||
20 | payments. | ||||||
21 | (3) The employee may elect to have federal income tax | ||||||
22 | deducted and withheld from the employee's payment of | ||||||
23 | benefits at the amount specified in the Internal Revenue | ||||||
24 | Code. | ||||||
25 | (4) The employee is permitted to change a previously | ||||||
26 | elected withholding status. |
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1 | (L) No discrimination against claimants. An employer, | ||||||
2 | temporary services agency, employment agency, employee | ||||||
3 | organization, or other person may not discharge, expel, or | ||||||
4 | otherwise discriminate or retaliate against a person because he | ||||||
5 | or she has filed or communicated to the employer an intent to | ||||||
6 | file a claim, a complaint, or an appeal, has taken FLIP leave, | ||||||
7 | or has testified or is about to testify or has assisted in any | ||||||
8 | proceeding under this Act. | ||||||
9 | (M) Liability. Any employer who violates this Act is liable | ||||||
10 | to any affected individuals for damages with interest and for | ||||||
11 | such equitable relief as may be appropriate. The court in such | ||||||
12 | an action shall, in addition to any judgment awarded to the | ||||||
13 | plaintiff, allow a reasonable attorney's fee and other costs of | ||||||
14 | the action to be paid by the defendant. An action may be | ||||||
15 | brought under this Section not later than 3 years after the | ||||||
16 | date of the last event constituting the alleged violation for | ||||||
17 | which the action is brought. | ||||||
18 | (N) No entitlement. | ||||||
19 | (1) FLIP leave benefits are payable under this Act only | ||||||
20 | to the extent that moneys are available in the FLIP Account | ||||||
21 | for this purpose. Neither this State nor the Department is | ||||||
22 | liable for any amount in excess of these limits. | ||||||
23 | (2) This Act does not create a continuing entitlement | ||||||
24 | or contractual right. There is no vested private right of | ||||||
25 | any kind against amendment or repeal of this Act. | ||||||
26 | (O) Notification. |
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1 | (1) Every employer covered by this Act shall post and | ||||||
2 | keep posted, in conspicuous places on the premises of the | ||||||
3 | employer where notices to employers are customarily | ||||||
4 | posted, a notice, to be prepared or approved by the | ||||||
5 | Department, summarizing the requirements of this Act and | ||||||
6 | information pertaining to the filing of a charge. | ||||||
7 | (2) If a FLIP-covered employer has any written guidance | ||||||
8 | to employees concerning employee benefits or leave rights, | ||||||
9 | such as in an employee handbook, information concerning | ||||||
10 | FLIP entitlements and employee obligations under FLIP must | ||||||
11 | be included in the handbook or other document. | ||||||
12 | (3) An employer that willfully violates the | ||||||
13 | requirements in paragraph (1) or (2) of this subsection (N) | ||||||
14 | may be assessed a civil money penalty by the Department not | ||||||
15 | to exceed $1,000 for each separate offense. Furthermore, an | ||||||
16 | employer that fails to notify according to paragraph (1) or | ||||||
17 | (2) of this subsection (N) may not take any adverse action | ||||||
18 | against an employee, including denying FLIP leave, for | ||||||
19 | failing to furnish the employer with advance notice of a | ||||||
20 | need to take FLIP leave. | ||||||
21 | (4) If an employer's workforce is comprised of a | ||||||
22 | significant portion of workers who are not literate in | ||||||
23 | English, the employer is responsible for providing the | ||||||
24 | notice in a language in which the employees are literate. | ||||||
25 | (P) Outreach and education efforts. The Department shall | ||||||
26 | conduct ongoing outreach and education efforts concerning this |
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1 | Act targeted toward employers, labor organizations, and other | ||||||
2 | appropriate organizations. | ||||||
3 | (Q) Rules. The Department may adopt rules as necessary to | ||||||
4 | implement this Act. In adopting rules, the Department shall | ||||||
5 | maintain consistency with the rules adopted to implement the | ||||||
6 | federal Family and Medical Leave Act, to the extent those rules | ||||||
7 | are not in conflict with this Act.
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8 | Section 95. Severability.
The provisions of this Act are | ||||||
9 | severable, and if any phrase, clause, sentence, or provision is | ||||||
10 | declared to be invalid or is preempted by federal law or | ||||||
11 | regulation, the validity of the remainder of this Act is not | ||||||
12 | affected.
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13 | Section 99. Effective date. This Act takes effect January | ||||||
14 | 1, 2008.
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