Rep. Mary E. Flowers

Filed: 2/21/2023





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2    AMENDMENT NO. ______. Amend House Bill 1102 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Paid
5Family Leave Insurance Program Act.
6    Section 5. Declaration of policy and intent.
7    (a) Many employees do not have access to family and
8medical leave programs, and those who do may not be in a
9financial position to take family or medical leave that is
10unpaid, and employer-paid benefits meet only a relatively
11small part of this need. It is the public policy of this State
12to protect working families against the economic hardship
13caused by the need to take time off from work to care for
14themselves or family members who are suffering from serious
15illness or to care for a newborn or a newly adopted child.
16    Moreover, many women are single mothers or the primary



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1breadwinners for their families. If any of these women take
2unpaid maternity leave, their families and Illinois suffer.
3    The United States is the only industrialized nation in the
4world that does not have a mandatory workplace-based program
5for such income support.
6    It is therefore desirable and necessary to develop systems
7that help families adapt to the competing interests of work
8and home and that not only benefit workers but also benefit
9employers by reducing employee turnover and increasing worker
11    (b) It is the intent of the General Assembly to create a
12paid family leave program to relieve the serious menace to the
13health, morals, and welfare of Illinois families, to increase
14workplace productivity, and to alleviate the enormous and
15growing stress on working families of balancing the demands of
16work and family needs.
17    Section 10. Definitions. As used in this Act:
18    "Assisted reproduction" means a method of achieving a
19pregnancy through the handling of human oocytes, sperm,
20zygotes, or embryos for the purpose of establishing a
21pregnancy. "Assisted reproduction" includes, but is not
22limited to, methods of artificial insemination, in vitro
23fertilization, embryo transfer, zygote transfer, embryo
24biopsy, preimplantation genetic diagnosis, embryo
25cryopreservation, oocyte, gamete, zygote, and embryo donation,



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1and gestational surrogacy.
2    "Average weekly wage" means the amount derived by dividing
3by 12 an employee's total earnings, including wages,
4gratuities, bonuses, commissions, and any other compensation
5that constitutes remuneration, earned during the quarter with
6the highest earnings in the applicable benefit year, or the
7amount derived by dividing by 12 an employee's total earnings,
8including wages, gratuities, bonuses, commissions, and any
9other compensation that constitutes remuneration, to fulfill a
10contract for a covered business entity, earned in the quarter
11with the highest earnings in the applicable benefit year, or
12for individuals not currently employed or under contract, the
13amount derived by dividing by 12 an individual's total
14earnings, including wages, gratuities, bonuses, commissions,
15and any other compensation that constitutes remuneration,
16earned during the quarter with the highest earnings earned in
17the 4 quarters prior to the last day of employment or the end
18of the contract.
19    "Base hours" means the hours of work for which an employee
20receives compensation. "Base hours" includes overtime hours
21for which the employee is paid additional or overtime
22compensation and hours for which the employee receives
23workers' compensation benefits. "Base hours" also includes
24hours an employee would have worked except for having been in
25military service. At the option of the employer, "base hours"
26may include hours for which the employee receives other types



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1of compensation, such as administrative, personal, vacation,
2or paid leave.
3    "Care" includes, but is not limited to, physical care,
4emotional support, visitation, arranging for a change in care,
5assistance with essential daily living matters, and personal
6attendant services.
7    "Child" means a biological, adopted, or foster child,
8stepchild, or legal ward of an eligible employee, child of a
9spouse of the eligible employee, child of a legal parent, or
10child of a civil union partner of the eligible employee, who is
11less than 18 years of age or is 18 years of age or older, but
12incapable of self-care because of a mental or physical
14    "Civil union" means a civil union as defined in the
15Illinois Religious Freedom Protection and Civil Union Act.
16    "Consecutive leave" means leave that is taken without
17interruption based upon an employee's regular work schedule
18and does not include breaks in employment in which an employee
19is not regularly scheduled to work.
20    "Covered business entity" means a business or trade that
21contracts with one or more individuals for services and is
22required to report the payment of services to such individuals
23on IRS Form 1099-MISC or IRS Form 1099-K for more than 25% of
24its Illinois workforce. Such individuals are included in the
25covered business entity's workforce if the contracts for
26services include, but are not limited to, oral or written



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1contracts, and services arranged through application software
2designed to run on smartphones and other mobile devices and
3software designed to run inside a web browser.
4    "Day and temporary labor service agency" has the meaning
5set forth in Section 5 of the Day and Temporary Labor Services
7    "Department" means the Department of Employment Security.
8    "Director" means the Director of Employment Security.
9    "Domestic violence" has the same meaning as provided in
10Section 103 of the Illinois Domestic Violence Act.
11    "Domestic worker" has the meaning set forth in Section 10
12of the Domestic Workers' Bill of Rights Act.
13    "Eligible employee" means an employee, other than an
14employee of the State of Illinois, its political subdivisions,
15or instrumentalities, employed in the State of Illinois for 12
16months or more who has worked 1,200 or more base hours during
17the preceding 12-month period. An employee is considered to be
18employed in the State of Illinois if:
19        (A) the employee works in Illinois; or
20        (B) the employee routinely performs some work in
21    Illinois and the employee's base of operations or the
22    place from which the work is directed and controlled is in
23    Illinois.
24    "Eligible employee" includes domestic workers.
25    "Employer" means any partnership, association, trust,
26estate, joint-stock company, insurance company, or



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1corporation, whether domestic or foreign, or the receiver,
2trustee in bankruptcy, trustee, or person that has in its
3employ one or more employees performing services for it within
4this State. "Employer" also includes any employer subject to
5the Unemployment Insurance Act, except the State, its
6political subdivisions, and any instrumentality of the State.
7"Employer" includes a day and temporary labor service agency
8that provides employees on a temporary basis to its customers
9and its customers.
10    "Family member" means an eligible employee's child,
11spouse, party to a civil union, parent, or any other
12individual related by blood or whose close relationship with
13the employee is the equivalent of a family relationship.
14    "Family leave benefits" means any payments that are
15payable to an eligible employee for all or part of a period of
16paid family leave.
17    "Health care provider" means any person licensed under
18federal, State, or local law or the laws of a foreign nation to
19provide health care services or any other person who has been
20authorized to provide health care by a licensed health care
22    "Intermittent leave" means a non-consecutive leave
23consisting of intervals, each of which is at least one, but
24fewer than 12, weeks within a consecutive 12-month period.
25    "Legal Parent" means the parent of a child listed on the
26certificate of birth.



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1    "Medical procedure" means a course of action intended to
2achieve a result in the delivery of healthcare.
3    "Miscarriage" means the loss of a pregnancy before 20
4weeks of gestation.
5    "Paid family leave" means leave taken by an eligible
6employee from work with an employer:
7        (A) to participate in the providing of care, including
8    physical or psychological care, for the employee or a
9    family member of the eligible employee made necessary by a
10    serious health condition or medical procedure of the
11    family member;
12        (B) to be with a child during the first 12 months after
13    the child's birth, if the employee, the employee's spouse,
14    or the party to a civil union with the employee, is a
15    biological parent of the child, or the first 12 months
16    after the placement of the child for adoption or foster
17    care with the employee;
18        (C) for the employee's own serious health condition
19    including stillbirth or miscarriage;
20        (D) for the employee's own reproductive health care;
21        (E) as a result of the employee being subjected to
22    domestic violence; or
23        (F) because of any qualifying exigency as interpreted
24    under the Family and Medical Leave Act of 1993 (29 U.S.C.
25    2612(a)(1)(E) and 29 CFR 825.126) arising out of the fact
26    that the spouse, party to a civil union, child, parent of



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1    the employee, or any other individual related by blood or
2    whose close relationship with the employee is equivalent
3    to a family relationship is on active duty (or has been
4    notified of an impending call or order to active duty) in
5    the armed forces as of the United States.
6    "Paid family leave" does not include any period of time
7during which an eligible employee is paid benefits pursuant to
8the Workers' Compensation Act or the Unemployment Insurance
9Act because the employee is unable to perform the duties of the
10employee's employment due to the employee's own disability.
11    "Parent of an eligible employee" means a biological
12parent, foster parent, adoptive parent, or stepparent of the
13eligible employee or a person who was a legal guardian of, or
14who stood in loco parentis to, the eligible employee when the
15eligible employee was a child.
16    "Placement for adoption" means the time when an eligible
17employee adopts a child or becomes responsible for a child
18pending adoption by the eligible employee.
19    "Reproductive health care" means health care offered,
20arranged, or furnished for the purpose of preventing
21pregnancy, terminating a pregnancy, managing pregnancy loss,
22or improving maternal health and birth outcomes. "Reproductive
23health care" includes, but is not limited to, contraception,
24sterilization, preconception care, assisted reproduction,
25maternity care, abortion care, and counseling regarding
26reproductive health care.



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1    "Self-employed individual" means an individual who
2receives self-employment income as defined in Section 1402(b)
3of the Internal Revenue Code. "Self-employed individual" also
4includes independent contractors, sole proprietors, and
5partnerships who engage in domestic work as defined in Section
610 of the Domestic Workers' Bill of Rights Act.
7    "Serious health condition" means an illness, injury,
8impairment, or physical or mental condition that requires
9inpatient care in a hospital, hospice, or residential medical
10care facility or continuing medical treatment or continuing
11supervision by a health care provider.
12    "Stillbirth" means the loss of a pregnancy at 20 weeks of
13gestation or later.
14    "12-month period" means, with respect to an employee who
15establishes a valid claim for paid family leave benefits
16during a period of paid family leave, the 365 consecutive days
17that begin with the first day that the employee first
18establishes the claim.
19    Section 15. Paid family leave program.
20    (a) The Department shall establish and administer a paid
21family leave program.
22    (b) The Department shall establish procedures and forms
23for filing claims for benefits under this Act.
24    (c) The Department shall use information sharing and
25integration technology to facilitate the disclosure of



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1relevant information or records by the Department of
2Employment Security.
3    (d) Information contained in the files and records
4pertaining to an employee under this Act is confidential and
5not open to public inspection, other than to public employees
6in the performance of their official duties. An employer must
7keep at its place of business records of employment from which
8the information needed by the Department for purposes of this
9Act may be obtained. The records shall at all times be open to
10the inspection of the Department pursuant to rules adopted by
11the Department.
12    (e) The Department shall develop and implement an outreach
13program to ensure that individuals who may be eligible to
14receive family leave benefits under this Act are made aware of
15these benefits. Outreach information shall explain, in an easy
16to understand format, eligibility requirements, the claims
17process, weekly benefit amounts, maximum benefits payable,
18notice requirements, reinstatement and nondiscrimination
19rights, confidentiality, and coordination of leave under this
20Act and other laws, collective bargaining agreements, and
21employer policies. Outreach information shall be available in
22English and in languages other than English that are spoken as
23a primary language by a significant portion of the State's
24population, as determined by the Department.
25    (f) Any local, county, or municipal ordinance that
26provides for paid family and medical leave enacted or amended



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1on or after the effective date of this Act must comply with the
2requirements of this Act.
3    Section 20. Eligibility for benefits.
4    (a) The Department may require that a claim for family
5leave benefits under this Section be supported by a
6certification issued by a health care provider who is
7providing care to the employee or the employee's family member
8if applicable.
9    (b) An employee is not eligible for family leave benefits
10under this Section for any week for which the employee
11receives any paid leave from their employer. If an employer
12provides paid leave, the employee may elect whether first to
13use the paid leave or to receive family leave benefits under
14this Section. An employee may not be required to use paid leave
15to which the employee is entitled before receiving family
16leave benefits under this Section.
17    (c) This Section does not limit an employee's right to
18take leave from employment under other laws or employer
20    (d) The eligibility of an employee for benefits is not
21affected by a strike or lockout at the factory, establishment,
22or other premises at which the employee is or was last
24    (e) An employee who has received benefits under this
25Section may not lose any other employment benefits, including



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1seniority or pension rights, accrued before the date that paid
2family leave commenced. However, this Section does not entitle
3an employee to accrue employment benefits during a period of
4paid family leave or to a right, benefit, or position of
5employment other than a right, benefit, or position to which
6the employee would have been entitled had the employee not
7taken paid family leave.
8    (f) Nothing in this Act shall be deemed to interfere with,
9impede, or in any way diminish the right of employees to
10bargain collectively with their employers through
11representatives of their own choosing in order to establish
12wages or other conditions of work in excess of the applicable
13minimum standards established in this Act. The paid family
14leave requirements of this Act may be waived in a bona fide
15collective bargaining agreement, but only if the waiver is set
16forth explicitly in such agreement in clear and unambiguous
18    (g) Nothing in this Act shall be deemed to affect the
19validity or change the terms of bona fide collective
20bargaining agreements in force on the effective date of this
21Act. After that date, requirements of this Act may be waived in
22a bona fide collective bargaining agreement, but only if the
23waiver is set forth explicitly in such agreement in clear and
24unambiguous terms.
25    (h) This Section does not create a continuing entitlement
26or contractual right.



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1    (i) Nothing in the Section shall limit the eligibility of
2an employee for benefits upon the change of employment as long
3as the employee remains an eligible employee.
4    Section 25. Self-employed benefits.
5    (a) A self-employed individual or individual who contracts
6to perform services with a covered business entity may elect
7to be covered under this Act. The self-employed individual or
8individual who contracts to perform services with a covered
9business entity must file a notice of election in writing with
10the Department and contribute to the State Benefits Fund as
11described in Section 35. The self-employed individual or
12individual who contracts to perform services with a covered
13business entity must agree to supply any information
14concerning taxable income that the Department deems necessary.
15    (b) A self-employed individual who has elected to be
16covered or an individual who has elected to be covered and who
17contracts to perform services with a covered business entity
18may terminate coverage by filing written notice with the
19Department at such times as the Director prescribes by rule,
20including at the time of a change in the employment status of
21the self-employed individual or individual who contracts to
22perform services with a covered business entity employment
23status. The termination may not take effect sooner than 30
24days after the notice is filed.
25    (c) A self-employed individual who has elected to be



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1covered or an individual who has elected to be covered and who
2contracts to perform services with a covered business entity
3may terminate coverage on the date of the filing of a voluntary
4or involuntary bankruptcy petition. The selective coverage of
5a self-employed individual or individual who contracts to
6perform services with a covered business entity terminates on
7the date the self-employed individual or individual who
8contracts to perform services with a covered business entity
9provides to the Department documentation to support the
10bankruptcy petition filing of the self-employed individual or
11individual who contracts to perform services with a covered
12business entity and files written notice with the Director. At
13any time thereafter, the self-employed individual or
14individual who contracts to perform services with a covered
15business entity may re-elect coverage under this Section.
16    Section 30. Disqualification from benefits.
17    (a) An employee is disqualified from family leave benefits
18under this Act if the employee:
19        (1) willfully makes a false statement to obtain
20    benefits; or
21        (2) seeks benefits based on a serious health condition
22    that resulted from the employee's commission of a felony.
23    (b) A disqualification for family leave benefits is for a
24period of 2 years, and commences on the first day of the
25calendar week in which the employee filed a claim for benefits



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1under this Act. An employee who is disqualified for benefits
2is liable to the Department for a penalty in an amount equal to
315% of the amount of benefits received by the employee.
4    Section 35. State Benefits Fund.
5    (a) The State Benefits Fund is created as a special fund in
6the State treasury. Moneys in the Fund may be used for the
7payment of family leave benefits and for the administration of
8this Act. All interest and other earnings that accrue from
9investment of moneys in the Fund shall be credited to the Fund.
10    (b) An employer shall retain from all employees a payroll
11premium deduction in the amount of 0.3% of wages as defined in
12subsection (b) of Section 235 of the Unemployment Insurance
13Act. The Department shall provide for the collection of this
14payroll premium deduction by rule. The amount of the payroll
15premium imposed under this Section, less refunds authorized by
16this Act, and all assessments and penalties collected under
17this Act shall be deposited into and credited to the Fund.
18Nothing in this Act shall be construed to prohibit an employer
19from providing additional voluntary employer contributions
20toward the cost of benefits provided under this Act. These
21voluntary contributions may be in addition to employee payroll
22deductions or used to replace in whole or in part employee
23payroll deductions. Voluntary employer contributions may
24result in eligibility to apply for any established Paid Family
25Medical Leave tax credit.



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1    (c) A separate account, to be known as the Administration
2Account, shall be maintained in the Fund. An amount determined
3by the Department sufficient for proper administration, not to
4exceed, however, 0.1% of wages as defined in this Section,
5shall be credited to the Administration Account. The expenses
6of the Department in administering the Fund and its accounts
7shall be charged against the Administration Account. The costs
8of administration of this Act shall be charged to the
9Administration Account.
10    (d) A separate account, to be known as the Family Leave
11Benefits Account, shall be maintained in the Fund. The account
12shall be charged with all benefit payments. Prior to July 1 of
13each calendar year, the Department shall determine the average
14rate of interest and other earnings on all investments of the
15Fund for the preceding calendar year. If there is an
16accumulated deficit in the Family Leave Benefits Account in
17excess of $200,000 at the end of any calendar year after
18interest and other earnings have been credited as provided in
19this Section, the Department shall determine the ratio of the
20deficit to the total of all taxable wages paid during the
21preceding calendar year and shall increase the employee
22payroll premium for the next calendar year. In no event shall
23such increase exceed .01%. Once the accumulated deficit has
24been cured, the employee payroll premium shall be reduced to
25the premium outlined in (b) and (c) of this Section.
26    (e) A board of trustees, consisting of the State



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1Treasurer, the Secretary of State, the Director of Labor, the
2Director of Employment Security, and the State Comptroller, is
3hereby created. The board shall invest and reinvest all moneys
4in the Fund in excess of its cash requirements in obligations
5legal for savings banks.
6    (f) The Department may adjust rates, not to exceed the
7amount established in subsection (b) of this Section, for the
8collection of premiums pursuant to subsection (b) of this
9Section. The Department shall set rates for premiums in a
10manner that minimizes the volatility of the rates assessed and
11so that at the end of the period for which the rates are
12effective, the cash balance shall be an amount approximating
1312 months of projected expenditures from the Fund, considering
14the functions and duties of the Department under this Act.
15    Section 40. Compensation for family leave.
16    (a) An eligible employee's weekly benefit rate shall be
17two-thirds of his or her average weekly wage, subject to a
18maximum of the Statewide average weekly wage paid to workers
19by employers, as determined pursuant to Section 401 of the
20Unemployment Insurance Act, provided that the employee's
21benefit rate shall be computed to the next lower multiple of $1
22if not already a multiple thereof. The amount of benefits for
23each day of paid family leave for which benefits are payable
24shall be one-seventh of the corresponding weekly benefit
25amount, provided that the total benefits for a fractional part



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1of a week shall be computed to the next lower multiple of $1 if
2not already a multiple thereof.
3    (b) With respect to any period of paid family leave and
4while an individual is an eligible employee, family benefits
5not in excess of the eligible employee's maximum benefits
6shall be payable with respect to the first day of leave taken
7after the first one-week period following the commencement of
8the period of paid family leave and each subsequent day of paid
9family leave during that period of paid family leave; and if
10benefits become payable on any day after the first 3 weeks in
11which leave is taken, then benefits shall also be payable with
12respect to any leave taken during the first one-week period in
13which leave is taken. The maximum total benefits payable to
14any eligible employee commencing on or after the effective
15date of this Act shall be 12 times the eligible employee's
16weekly benefit amount or one-third of his or her total wages in
17his or her base year, whichever is the lesser; provided that
18the maximum amount shall be computed in the next lower
19multiple of $1 if not already a multiple thereof.
20    (c) All of the family leave benefits paid to an eligible
21employee during a period of paid family leave with respect to
22any one birth or adoption shall be for a single continuous
23period of time, except that the employer of the eligible
24employee may permit the eligible employee to receive the paid
25family leave benefits during non-consecutive weeks in a manner
26mutually agreed to by the employer and the eligible employee



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1and disclosed to the Department by the employer.
2    (d) Nothing in this Act shall be construed to prohibit the
3establishment by an employer, without approval by the
4Department, of a supplementary plan or plans providing for the
5payment to employees, or to any class or classes of employees,
6of benefits in addition to the benefits provided by this Act or
7to prohibit the collection or receipt of additional voluntary
8contributions from employees toward the cost of the additional
9benefits. The rights, duties, and responsibilities of all
10interested parties under the supplementary plans shall be
11unaffected by any provision of this Act.
12    Section 45. Paid family leave; duration. An eligible
13employee may take 12 weeks of paid family leave within any
1412-month period in order to provide care made necessary by
15reasons identified in Section 10. An eligible employee may
16take paid family leave on an intermittent schedule in which
17all of the leave authorized under this Act is not taken
19    Section 50. Employer equivalent plans.
20    (a) An employer may apply to the Department for approval
21of an employer-offered benefit plan that provides family and
22medical leave insurance benefits to the employer's employees.
23    (b) An employer that seeks approval of a plan shall submit
24an application to the Department in the form and manner



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1prescribed by the Department by rule, accompanied by an
2application fee not to exceed $250.
3    (c) The Department shall review and approve an application
4for a plan if the Director finds that:
5        (1) the plan is made available to all employees who
6    have been continuously employed with an employer and meet
7    the definition of eligible employee under Section 10 of
8    this Act; and
9        (2) the benefits afforded to employees covered under
10    the plan are equal to or greater than the weekly benefits
11    and the duration of leave that an eligible employee would
12    qualify for under this Act.
13    (d) An employee covered under an employer plan is not
14subject to the requirements of this Act and not required to
15make the contributions pursuant to Section 35.
16    (e) An employer may assume all or a part of the costs
17related to a plan approved under this Section.
18    (f) If an employer assumes only part of the costs, the
19employer may deduct employee contributions from the wages of
20employees to finance the costs related to the plan, except
21that any contribution amounts deducted may not exceed the
22amount that an eligible employee would otherwise be required
23to contribute under Section 35.
24    (g) Employee contributions received or retained by an
25employer under this subsection must be used for plan expenses
26and are not considered to be a part of an employer's assets for



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1any purpose.
2    (h) An employee who takes leave pursuant to a plan
3approved under this section shall provide notice to an
4employer of such leave in the same manner as provided in
5Section 80 of this Act.
6    (i) An employer that offers a plan approved under this
7Section shall:
8        (1) maintain all reports, information and records
9    relating to the plan, including payroll and account
10    records that document employee contributions and expenses,
11    in the manner established by the Director by rule; and
12        (2) provide written notice to employees that includes:
13            (A) information about benefits available under the
14        approved plan, including the duration of leave;
15            (B) the process for filing a claim to receive
16        benefits under the plan;
17            (C) the process for employee deductions used to
18        finance the costs of the plan, if any;
19            (D) the right to job protection and benefits
20        continuation, if applicable; and
21            (E) a statement that discrimination and
22        retaliatory actions against an employee for inquiring
23        about the family and medical leave insurance program
24        established under this Act, giving notification of
25        leave under the program, taking leave under the
26        program, or claiming family and medical leave



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1        insurance benefits are prohibited.
2    (j) An employer may be subjected to penalties under
3Section 70 where they fail to maintain an approved equivalency
4plan or provide benefits to employees under an approved
5equivalency plan that are inconsistent with this Act.
6    Section 55. Annual reports; contents.
7    (a) The Department shall issue and make available to the
8public, not later than June 1, 2026 and June 1 of each
9subsequent year, annual reports providing data on family leave
10benefits including separate data for each of the paid family
11leave category outlined in Section 10 of this Act. The reports
12shall include, for each category of claims, the number of
13workers receiving the benefits, the amount of benefits paid,
14the average duration of benefits, the average weekly benefit,
15and any reported amount of paid leave, vacation, or other
16fully paid time which resulted in reduced benefit duration.
17The report shall provide data by gender and by any other
18demographic factors determined to be relevant by the
19Department. The reports shall also provide, for all family
20leave benefits, the total costs of benefits and the total cost
21of administration, the portion of benefits for claims during
22paid family leave, and the total revenues from employer
23assessments, where applicable; employee assessments; and other
24sources. Any and all data made available to the public shall be
25de-identified and anonymized.



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1    (b) The Department may, in its discretion, conduct surveys
2and other research regarding, and include in the annual
3reports descriptions and evaluations of the impact and
4potential future impact of the costs and benefits resulting
5from the provisions of this Act for:
6        (1) employees and their families, including surveys
7    and evaluations of what portion of the total number of
8    employees taking leave would not have taken leave, or
9    would have taken less leave, without the availability of
10    benefits; what portion of employees return to work after
11    receiving benefits and what portion are not permitted to
12    return to work; and what portion of employees who are
13    eligible for benefits do not claim or receive them and why
14    they do not;
15        (2) employers, including benefits such as reduced
16    training and other costs related to reduced turnover of
17    personnel, and increased affordability of paid family
18    leave through the State, with special attention given to
19    small businesses; and
20        (3) the public, including savings caused by any
21    reduction in the number of people receiving public
22    assistance.
23    (c) The total amount of any expenses that the Department
24determines are necessary to carry out its duties pursuant to
25this Section shall be charged to the Administration Account of
26the Fund.



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1    Section 60. Hearings. A person aggrieved by a decision of
2the Department under this Act may request a hearing. The
3Department shall adopt rules governing hearings and the
4issuance of final orders under this Act in accordance with the
5provisions of the Illinois Administrative Procedure Act. All
6final administrative decisions of the Department under this
7Act are subject to judicial review under the Administrative
8Review Law.
9    Section 65. Prohibited acts.
10    (a) No employer, temporary employment agency, employment
11agency, employee organization, or other person shall
12discharge, expel, or otherwise discriminate against a person
13because the person has filed or communicated to the employer
14an intent to file a claim, a complaint, or an appeal or has
15testified or is about to testify or has assisted in any
16proceeding, under this Act, at any time.
17    (b) It is unlawful for any employer to threaten to take or
18to take any adverse action against an employee because the
19employee (1) exercises rights or attempts to exercise rights
20under this Act; (2) opposes practices which the employee
21believes to be in violation of this Act; or (3) supports the
22exercise of rights of another under this Act. It is unlawful
23for any employer to consider the use of paid family and medical
24leave by an employee as a negative factor in any employment



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1action that involves evaluating, promoting, disciplining, or
2counting paid leave under a no-fault attendance policy. Such
3retaliation shall subject an employer to civil penalties
4pursuant to this Act.
5    Section 70. Penalties.
6    (a) A person who makes a false statement or
7representation, knowing it to be false, or increase any paid
8family leave benefit during a period of paid family leave,
9either for himself or herself or for any other person, shall be
10liable for a civil penalty of $250 to be paid to the
11Department. Each such false statement or representation shall
12constitute a separate offense. Upon refusal to pay such civil
13penalty, the civil penalty shall be recovered in a civil
14action by the Attorney General on behalf the Department in the
15name of the State of Illinois. If, in any case in which
16liability for the payment of a civil penalty has been
17determined, any person who has received any benefits under
18this Act by reason of the making of such false statements or
19representations shall not be entitled to any benefits under
20this Act for any leave occurring prior to the time he or she
21has discharged his or her liability to pay the civil penalty.
22    (b) A person, employing unit, employer, or entity who
23willfully violates any provision of this Act or any rule
24adopted under this Act for which a civil penalty is neither
25prescribed in this Act nor provided by any other applicable



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1law shall be subject to a civil penalty of $500 to be paid to
2the Department. Upon the refusal to pay such civil penalty,
3the civil penalty shall be recovered in a civil action by the
4Attorney General on behalf of the Department in the name of the
5State of Illinois.
6    (c) A person, employing unit, employer, or entity
7violating any provision of this Section with intent to defraud
8the Department is guilty of a Class C misdemeanor. The fine
9upon conviction shall be payable to the Fund. Any penalties
10imposed by this subsection shall be in addition to those
11otherwise prescribed in this Section.
12    Section 75. Leave and employment protection.
13    (a) During a period in which an employee receives family
14leave benefits under this Act, the employee is entitled to
15paid family leave and, at the established ending date of
16leave, to be restored to a position of employment with the
17employer from whom leave was taken as provided under
18subsection (b).
19    (b) Except as provided in subsection (f), an employee who
20receives family leave benefits under this Act for the intended
21purpose of the paid family leave is entitled, on return from
22the leave:
23        (1) to be restored by the employer to the position of
24    employment held by the employee when the paid family leave
25    commenced; or



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1        (2) to be restored to an equivalent position with
2    equivalent employment benefits, pay, and other terms and
3    conditions of employment at the employee's workplace
4    immediately prior to when the paid family leave commenced.
5    (c) The taking of paid family leave under this Act may not
6result in the loss of any employment benefits accrued before
7the date on which the paid family leave commenced.
8    (d) Nothing in this Section entitles a restored employee
10        (1) the accrual of any seniority or employment
11    benefits during any period of paid family leave; or
12        (2) any right, benefit, or position of employment
13    other than any right, benefit, or position to which the
14    employee would have been entitled to had the employee not
15    taken the paid family leave.
16    (e) Nothing in this Section prohibits an employer from
17requiring an employee on paid family leave to report
18periodically to the employer on the status and intention of
19the employee to return to work.
20    (f) During any period an employee takes paid family leave
21under this Act, if the employer provides insurance for
22employees, the employer shall maintain coverage for the
23employee and any family member under any group health plan for
24the duration of such leave at no less than the level and
25conditions of coverage that would have been provided if the
26employee had not taken the leave. The employer shall notify



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1the employee that the employee is still responsible for paying
2the employee's share of the cost of the health care coverage,
3if any.
4    Section 80. Notice to employer.
5    (a) If the necessity for paid family leave for the birth or
6placement of a child is foreseeable based on an expected birth
7or placement, the employee shall provide the employer with not
8less than 30 days' notice, before the date the leave is to
9begin, of the employee's intention to take leave for the birth
10or placement of a child, except that if the date of the birth
11or placement requires leave to begin in less than 30 days, the
12employee shall provide such notice as is practicable.
13    (b) If the necessity for paid family leave for an
14employee's, a family member's serious health condition,
15employee's own medical procedure or the employee's own
16reproductive health care is foreseeable based on planned
17medical treatment, the employee:
18        (1) must make a reasonable effort to schedule the
19    treatment so as not to disrupt unduly the operations of
20    the employer; and
21        (2) must provide the employer with not less than 30
22    days' notice, before the date the leave is to begin, of the
23    employee's intention to take leave, except that if the
24    date of the treatment requires leave to begin in less than
25    30 days, the employee must provide such notice as is



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1    practicable.
2    Section 85. Employment by same employer. If spouses who
3are entitled to leave under this Act are employed by the same
4employer, the employer may require that the spouses not take
5more than 6 weeks of such leave concurrently.
6    Section 90. Coordination of leave.
7    (a) Paid family leave taken under this Act must be taken
8concurrently with any leave taken under the federal Family and
9Medical Leave Act of 1993, collective bargaining agreement, or
10any local county or municipal ordinance.
11    (b) An employer may require that paid family leave taken
12under this Act be taken concurrently or otherwise coordinated
13with leave allowed under the terms of a collective bargaining
14agreement, local county or municipal ordinance, or employer
15policy. The employer must give their employees written notice
16of this requirement. In adopting rules, the Department shall
17maintain consistency with the regulations adopted to implement
18the federal Family and Medical Leave Act of 1993 to the extent
19such regulations are not in conflict with this Act.
20    Section 95. Rules. The Department shall adopt any rules
21necessary to implement the provisions of this Act.
22    Section 100. Authority to contract. The Department may



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1contract or enter into interagency agreements with other State
2agencies for the initial administration of the Paid Family
3Leave Program.
4    Section 900. The State Finance Act is amended by adding
5Section 5.990 as follows:
6    (30 ILCS 105/5.990 new)
7    Sec. 5.990. The State Benefits Fund.
8    Section 999. Effective date. This Act takes effect upon
9becoming law, except that Section 35 becomes effective June 1,
102024, and Sections 40 and 45 become effective June 1, 2025.".