99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3257

 

Introduced 2/19/2016, by Sen. Wm. Sam McCann

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 151/15

    Amends the Family Military Leave Act. Provides that when a employee exercises rights under the Act, the employee and employer may negotiate for all or part of the employee's benefits to be at the employer's expense, rather than negotiate for the employer to maintain those benefits at the employer's expense.


LRB099 19973 JLS 44372 b

 

 

A BILL FOR

 

SB3257LRB099 19973 JLS 44372 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Family Military Leave Act is amended by
5changing Section 15 as follows:
 
6    (820 ILCS 151/15)
7    Sec. 15. Employee benefits protection.
8    (a) Any employee who exercises the right to family military
9leave under this Act, upon expiration of the leave, shall be
10entitled to be restored by the employer to the position held by
11the employee when the leave commenced or to a position with
12equivalent seniority status, employee benefits, pay and other
13terms and conditions of employment. This Section does not apply
14if the employer proves that the employee was not restored as
15provided in this Section because of conditions unrelated to the
16employee's exercise of rights under this Act.
17    (b) During any family military leave taken under this Act,
18the employer shall make it possible for employees to continue
19their benefits at the employee's expense. The employer and
20employee may negotiate for the employer to maintain benefits at
21all or part of the employer's expense for the duration of the
22leave.
23(Source: P.A. 94-589, eff. 8-15-05.)