SB1238sam001 99TH GENERAL ASSEMBLY

Sen. Napoleon Harris, III

Filed: 3/18/2015

09900SB1238sam001 LRB099 09055 JLS 32747 a

AMENDMENT TO SENATE BILL 1238

AMENDMENT NO. ______. Amend Senate Bill 1238 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Illinois Family Care Provider Act.

Section 5. Findings. The General Assembly finds that:

(1) the number of households in Illinois in which working grandparents have primary responsibility for the care of grandchildren is significant; currently, almost 100,000 grandparents are responsible for the care of grandchildren living with them, and of these, 68% are under the age of 60;

(2) in Illinois, over 230,000 children under the age of 18 live in homes with grandparents as the householders;

(3) the number of households in which grandchildren have primary responsibility for the care of grandparents and other family members is significant; in fact, grandchildren comprise 8% of informal caregivers nationally;

(4) it is important for the family unit that grandparents and grandchildren be able to participate in the care of family members who have serious health conditions; and

(5) the lack of employment policies to accommodate working caregivers, including employees caring for grandchildren or grandparents, can force individuals to choose between job security and caregiving responsibilities.

Section 10. Definitions. In this Act:

"Eligible employee" has the meaning ascribed to that term in the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq. and is a person standing in loco parentis or acting as a caretaker of a grandparent who was in loco parentis of the employee when the employee was a minor.

"Employer" has the meaning ascribed to that term in the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.

"Grandchild" means a biological, adopted, or step grandchild of an eligible employee and is under age 18 or age 18 or older and incapable of self-care because of a mental or physical disability.

"Grandparent" means a biological, adopted, or step grandparent of an eligible employee.

"Serious health condition" has the meaning ascribed to that term in the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.

Section 15. Family leave requirement.

(a) Subject to the conditions set forth in this Section, an eligible employee is entitled to receive and an employer shall provide up to 12 weeks of unpaid family medical leave to an eligible employee during any 12-month period for the eligible employee to care for a grandchild if such grandchild has a serious health condition or for the eligible employee to care for a grandparent if the grandparent has a serious health condition.

(b) An employee is not entitled to receive and an employer is not required to provide more than 12 weeks of unpaid family medical leave in any 12-month period under this Act. For purposes of this Act, unpaid family medical leave granted pursuant to any other law shall be deemed to be unpaid family medical leave granted under this Act.

Section 20. Notification. An employee must comply with the employer's usual and customary procedural requirements for giving notice of a request for leave, provided that those notice requirements are consistent with the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.

Section 25. Certification. An employer may require that an employee's leave to care for a grandchild or grandparent, with a serious health condition, be supported by a certification issued by the health care provider of the employee's grandchild or grandparent. Certification under this Section shall comply with the certification content and requirements provided in 29 C.F.R. 825.305 et seq.

Section 30. Administration of Act and rulemaking authority.

(a) The Illinois Department of Labor shall investigate any alleged violations of this Act. If the Department finds that a violation has occurred, the Director of Labor may impose the following civil penalties:

(1) For the first violation, the Director shall issue a written warning to the employer that includes notice regarding penalties for subsequent violations and the employer shall have 30 days to remedy the violation;

(2) For the second violation, or if the first violation is not remedied within 30 days of notice by the Department, the Director of Labor may impose a civil penalty of up to $500;

(3) For the third violation, or if the first violation is not remedied within 60 days of notice by the Department, the Director of Labor may impose an additional civil penalty of up to $1,500;

(4) For subsequent violations, or if the first violation is not remedied within 90 days of notice by the Department, the Director of Labor may impose an additional civil penalty of up to $1,500 for every 30 days that passes thereafter without compliance.

(b) Penalties under this Section may be assessed by the Department and recovered in a civil action brought by the Department in any circuit court or in any administrative adjudicative proceeding under this Act. In any such civil action or administrative adjudicative proceeding under this Act, the Department shall be represented by the Attorney General.

(c) The Department may adopt rules necessary to administer this Act and may establish an administrative procedure to adjudicate claims and issue final and binding decisions subject to the Administrative Review Law.

(d) The Department shall dismiss any complaints that are being adjudicated in another administrative or judicial venue.

Section 35. Interpretation. All general requirements for leave, employment, benefits, and other provisions shall be interpreted in a manner consistent with the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.

Section 99. Effective date. This Act takes effect January 1, 2016.".