Illinois General Assembly - Full Text of HB2625
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Full Text of HB2625  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/19/2021, by Rep. Mary E. Flowers


New Act
30 ILCS 105/5.935 new

    Creates the Family Leave Insurance Act. Requires the Department of Employment Security to establish and administer a family leave insurance program. Provides family leave insurance benefits to eligible employees who take unpaid family leave to care for a newborn child, a newly adopted or newly placed foster child, or a family member with a serious health condition. Authorizes family leave of up to 12 weeks during any 24-month period. Authorizes compensation for leave in the amount of 85% of the employee's average weekly wage subject to a maximum of $881 per week. Contains provisions concerning disqualification from benefits; premium payments; the amount and duration of benefits; the recovery of erroneous payments; hearings; defaulted premium payments; elective coverage; employment protection; coordination of family leave; defined terms; and other matters. Amends the State Finance Act. Creates the State Benefits Fund. Effective January 1, 2022.

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HB2625LRB102 10207 JLS 15530 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 1. Short title. This Act may be cited as the Family
5Leave Insurance 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 a serious
15illness or to care for a newborn or a newly adopted child.
16    Moreover, many women are single mothers or the primary
17breadwinners for their families. If any of these women take an
18unpaid maternity leave, her whole family, and Illinois,
20    The United States is the only industrialized nation in the
21world that does not have a mandatory workplace-based program
22for such income support.
23    It is therefore desirable and necessary to develop systems



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1that help families adapt to the competing interests of work
2and home which not only benefit workers, but also benefit
3employers by reducing employee turnover and increasing worker
5    (b) It is the intent of the General Assembly to create a
6family leave program to relieve the serious menace to health,
7morals, and welfare of Illinois families, to increase
8workplace productivity, and to alleviate the enormous and
9growing stress on working families of balancing the demands of
10work and family needs.
11    Section 10. Definitions. In this Act:
12    (1)(A) "Average weekly wage" means the amount derived by
13dividing a covered employee's total wages earned from the
14employee's most recent covered employer during the base weeks
15in the 8 calendar weeks immediately preceding the calendar
16week in which a period of family leave commenced by the number
17of such base weeks.
18    (B) If the computation in paragraph (A) yields a result
19that is less than the employee's average weekly earnings in
20employment with all covered employers during the base weeks in
21such 8 calendar weeks, then the average weekly wage shall be
22computed on the basis of earnings from all covered employers
23during the base weeks in the 8 calendar weeks immediately
24preceding the week in which the period of family leave



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1    (C) For periods of family leave, if the computations in
2paragraphs (A) and (B) both yield a result which is less than
3the employee's average weekly earnings in employment with all
4covered employers during the base weeks in the 26 calendar
5weeks immediately preceding the week in which the period of
6family leave commenced, then the average weekly wage shall,
7upon a written request to the Department by the employee on a
8form provided by the Department, be computed by the Department
9on the basis of earnings from all covered employers of the
10employee during the base weeks in those 26 calendar weeks.
11    (2) "Base hours" means the hours of work for which an
12employee receives compensation. "Base hours" includes overtime
13hours for which the employee is paid additional or overtime
14compensation and hours for which the employee receives
15workers' compensation benefits. "Base hours" also includes
16hours an employee would have worked except for having been in
17military service. At the option of the employer, "base hours"
18may include hours for which the employee receives other types
19of compensation, such as administrative, personal leave,
20vacation or sick leave.
21    (3) "Care" includes, but is not limited to, physical care,
22emotional support, visitation, arranging for a change in care,
23assistance with essential daily living matters, and personal
24attendant services.
25    (4) "Child" means a biological, adopted, or foster child,
26stepchild, or legal ward of an eligible employee, child of a



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1spouse of the eligible employee, or child of a civil union
2partner of the eligible employee, who is less than 19 years of
3age or is 19 years of age or older, but incapable of self-care
4because of a mental or physical impairment.
5    (5) "Civil union" means a civil union as defined in the
6Illinois Religious Freedom Protection and Civil Union Act.
7    (6) "Consecutive leave" means leave that is taken without
8interruption based upon an employee's regular work schedule
9and does not include breaks in employment in which an employee
10is not regularly scheduled to work. For example, when an
11employee is normally scheduled to work from September through
12June and is not scheduled to work during July and August, a
13leave taken continuously during May, June, and September shall
14be considered a consecutive leave.
15    (7) "Department" means the Department of Employment
17    (8) "Director" means the Director of Employment Security
18and any transaction or exercise of authority by the Director
19shall be deemed to be performed by the Department.
20    (9) "Eligible employee" means an employee, other than an
21employee of the State of Illinois, its political subdivisions,
22or instrumentalities, employed by the same employer, as
23defined in paragraph (10), in the State of Illinois for 12
24months or more who has worked 1,200 or more base hours during
25the preceding 12-month period. An employee is considered to be
26employed in the State of Illinois if:



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1        (A) the employee works in Illinois; or
2        (B) the employee routinely performs some work in
3    Illinois and the employee's base of operations or the
4    place from which the work is directed and controlled is in
5    Illinois.
6    (10) "Employer" means any partnership, association, trust,
7estate, joint-stock company, insurance company, or
8corporation, whether domestic or foreign, or the receiver,
9trustee in bankruptcy, trustee, or person that has in its
10employ one or more employees performing services for it within
11this State. "Employer" also includes any employer subject to
12the Unemployment Insurance Act, except the State, its
13political subdivisions, and any instrumentality of the State.
14All employees performing services within this State for any
15employing unit that maintains 2 or more separate
16establishments within this State shall be deemed to be
17employed by a single employing unit for all purposes of this
19    (11) "Family member" means an eligible employee's child,
20spouse, party to a civil union, parent, or any other
21individual related by blood or whose close relationship with
22the employee is the equivalent of a family relationship.
23    (12) "Family leave" means leave taken by an eligible
24employee from work with an employer: (A) to participate in the
25providing of care, including physical or psychological care,
26for the employee or a family member of the eligible employee



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1made necessary by a serious health condition of the family
2member; (B) due to pregnancy; (C) to be with a child during the
3first 12 months after the child's birth, if the employee, the
4employee's spouse, or the party to a civil union with the
5employee, is a biological parent of the child, or the first 12
6months after the placement of the child for adoption or foster
7care with the employee; (D) for the employee's own serious
8health condition; or (E) because of any qualifying exigency as
9interpreted under the Family and Medical Leave Act of 1993 (29
10U.S.C. 2612(a)(1)(E) and 29 CFR 825.126) arising out of the
11fact that the spouse, party to a civil union, child, parent of
12the employee, or any other individual related by blood or
13whose close relationship with the employee is equivalent to a
14family relationship is on active duty (or has been notified of
15an impending call or order to active duty) in the armed forces
16as of the United States. "Family leave" does not include any
17period of time during which an eligible employee is paid
18benefits pursuant to the Workers' Compensation Act or the
19Unemployment Insurance Act because the employee is unable to
20perform the duties of the employee's employment due to the
21employee's own disability.
22    (13) "Family leave benefits" means any payments that are
23payable to an eligible employee for all or part of a period of
24family leave.
25    (14) "Health care provider" means any person licensed
26under federal, State, or local law or the laws of a foreign



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1nation to provide health care services or any other person who
2has been authorized to provide health care by a licensed
3health care provider.
4    (15) "Intermittent leave" means a non-consecutive leave
5consisting of intervals, each of which is at least one, but
6fewer than 12, weeks within a consecutive 12-month period.
7    (16) "Parent of an eligible employee" means a biological
8parent, foster parent, adoptive parent, or stepparent of the
9eligible employee or a person who was a legal guardian of, or
10who stood in loco parentis to, the eligible employee when the
11eligible employee was a child.
12    (17) "Placement for adoption" means the time when an
13eligible employee adopts a child or becomes responsible for a
14child pending adoption by the eligible employee.
15    (18) "Serious health condition" means an illness, injury,
16impairment, or physical or mental condition that requires
17inpatient care in a hospital, hospice, or residential medical
18care facility or continuing medical treatment or continuing
19supervision by a health care provider.
20    (19) "12-month period" means, with respect to an employee
21who establishes a valid claim for family leave benefits during
22a period of family leave, the 365 consecutive days that begin
23with the first day that the employee first establishes the
25    Section 15. Family leave program.



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1    (a) Subject to appropriation, the Department shall
2establish and administer a family leave program.
3    (b) The Department shall establish procedures and forms
4for filing claims for benefits under this Act.
5    (c) The Department shall use information sharing and
6integration technology to facilitate the disclosure of
7relevant information or records by the Department of
8Employment Security.
9    (d) Information contained in the files and records
10pertaining to an employee under this Act is confidential and
11not open to public inspection, other than to public employees
12in the performance of their official duties. However, the
13employee or an authorized representative of an employee may
14review the records or receive specific information from the
15records on the presentation of the signed authorization of the
16employee. An employer or the employer's duly authorized
17representative may review the records of an employee employed
18by the employer in connection with a pending claim. At the
19Department's discretion, other persons may review records when
20such persons are rendering assistance to the Department at any
21stage of the proceedings on any matter pertaining to the
22administration of this Act.
23    An employer must keep at its place of business records of
24employment from which the information needed by the Department
25for purposes of this Act may be obtained. The records shall at
26all times be open to the inspection of the Department pursuant



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1to rules adopted by the Department.
2    (e) The Department shall develop and implement an outreach
3program to ensure that individuals who may be eligible to
4receive family leave benefits under this Act are made aware of
5these benefits. Outreach information shall explain, in an easy
6to understand format, eligibility requirements, the claims
7process, weekly benefit amounts, maximum benefits payable,
8notice requirements, reinstatement and nondiscrimination
9rights, confidentiality, and coordination of leave under this
10Act and other laws, collective bargaining agreements, and
11employer policies. Outreach information shall be available in
12English and in languages other than English that are spoken as
13a primary language by a significant portion of the State's
14population, as determined by the Department.
15    Section 20. Eligibility for benefits.
16    (a) The Department may require that a claim for family
17leave benefits under this Section be supported by a
18certification issued by a health care provider who is
19providing care to the employee or the employee's family member
20if applicable.
21    (b) An employee is not eligible for family leave benefits
22under this Section for any week for which the employee
23receives paid family leave from his or her employer. If an
24employer provides paid family leave, the employee may elect
25whether first to use the paid family leave or to receive family



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1leave benefits under this Section. An employee may not be
2required to use paid family leave to which the employee is
3entitled before receiving family leave benefits under this
5    (c) This Section does not limit an employee's right to
6take leave from employment under other laws or employer
8    (d) The eligibility of an employee for benefits is not
9affected by a strike or lockout at the factory, establishment,
10or other premises at which the employee is or was last
12    (e) An employee who has received benefits under this
13Section may not lose any other employment benefits, including
14seniority or pension rights, accrued before the date that
15family leave commenced. However, this Section does not entitle
16an employee to accrue employment benefits during a period of
17family leave or to a right, benefit, or position of employment
18other than a right, benefit, or position to which the employee
19would have been entitled had the employee not taken family
21    (f) This Section does not diminish an employer's
22obligation to comply with a collective bargaining agreement or
23an employment benefits program or plan that provides greater
24benefits to employees than the benefits provided under this
26    (g) An agreement by an employee to waive the employee's



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1rights under this Section is void as contrary to public
2policy. The benefits under this Section may not be diminished
3by a collective bargaining agreement or another employment
4benefits program or plan entered into or renewed after the
5effective date of this Act.
6    (h) Nothing in this Act shall be deemed to affect the
7validity or change the terms of bona fide collective
8bargaining agreements in force on the effective date of this
9Act. After that date, requirements of this Act may be waived in
10a bona fide collective bargaining agreement, but only if the
11waiver is set forth explicitly in such agreement in clear and
12unambiguous terms.
13    (i) This Section does not create a continuing entitlement
14or contractual right.
15    Section 25. Disqualification from benefits.
16    (a) An employee is disqualified from family leave benefits
17under this Act if the employee:
18        (1) willfully makes a false statement or
19    misrepresentation regarding a material fact, or willfully
20    fails to disclose a material fact, to obtain benefits;
21        (2) seeks benefits based on an intentionally
22    self-inflicted serious health condition; or
23        (3) seeks benefits based on a serious health condition
24    that resulted from the employee's commission of a felony.
25    (b) A disqualification for family leave benefits is for a



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1period of 2 years, and commences on the first day of the
2calendar week in which the employee filed a claim for benefits
3under this Act. An employee who is disqualified for benefits
4is liable to the Department for a penalty in an amount equal to
515% of the amount of benefits received by the employee.
6    Section 30. State Benefits Fund.
7    (a) The State Benefits Fund is created as a special fund in
8the State treasury. Subject to appropriation, moneys in the
9Fund may be used for the payment of family leave benefits and
10for the administration of this Act. All interest and other
11earnings that accrue from investment of moneys in the Fund
12shall be credited to the Fund.
13    (b) An employer shall retain from all employees a payroll
14premium deduction in the amount of 0.5% of wages. The
15Department shall by rule provide for the collection of this
16payroll premium deduction.
17    The amount of the payroll premium imposed under this
18Section, less refunds authorized by this Act, and all
19assessments and penalties collected under this Act shall be
20deposited into and credited to the Fund.
21    (c) A separate account, to be known as the Administration
22Account, shall be maintained in the Fund. An amount determined
23by the Department sufficient for proper administration, not to
24exceed, however, 0.1% of wages, shall be credited to the
25Administration Account. The expenses of the Department in



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1administering the Fund and its accounts shall be charged
2against the Administration Account. The costs of
3administration of this Act shall be charged to the
4Administration Account.
5    (d) A separate account, to be known as the Family Leave
6Benefits Account, shall be maintained in the Fund. The account
7shall be charged with all benefit payments. Prior to July 1 of
8each calendar year, the Department shall determine the average
9rate of interest and other earnings on all investments of the
10Fund for the preceding calendar year. If there is an
11accumulated deficit in the Family Leave Benefits Account in
12excess of $200,000 at the end of any calendar year after
13interest and other earnings have been credited as provided in
14this Section, the Department shall determine the ratio of the
15deficit to the total of all taxable wages paid during the
16preceding calendar year and shall make an assessment against
17all employers in an amount equal to the taxable wages paid by
18them during the preceding calendar year to employees,
19multiplied by the ratio, but in no event shall any such
20assessment exceed 0.1% of such wages. The amounts shall be
21collectible by the Department in the same manner as provided
22for the collection of employer contributions under the
23Unemployment Insurance Act. In making this assessment, the
24Department shall furnish to each affected employer a brief
25summary of the determination of the assessment. The amount of
26such assessments collected by the Department shall be credited



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1to the Family Leave Benefits Account. As used in this Section,
2"wages" means wages as provided in Section 235 of the
3Unemployment Insurance Act.
4    (e) A board of trustees, consisting of the State
5Treasurer, the Secretary of State, the Director of Labor, the
6Director of Employment Security, and the State Comptroller, is
7hereby created. The board shall invest and reinvest all moneys
8in the Fund in excess of its cash requirements in obligations
9legal for savings banks.
10    (f) The Department may adjust rates, not to exceed the
11amount established in subsection (b) of this Section, for the
12collection of premiums pursuant to subsection (b) of this
13Section. The Department shall set rates for premiums in a
14manner that minimizes the volatility of the rates assessed and
15so that at the end of the period for which the rates are
16effective, the cash balance shall be an amount approximating
1712 months of projected expenditures from the Fund, considering
18the functions and duties of the Department under this Act.
19    (g) An employer required to pay premiums under this
20Section shall make and file a report of employee hours worked
21and amounts due under this Section upon a combined report form
22prescribed by the Department. The report shall be filed with
23the Department at the times and in the manner prescribed by the
25    (h) If the employer is a temporary employment agency that
26provides employees on a temporary basis to its customers, the



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1temporary employment agency is considered the employer for
2purposes of this Section.
3    (i) When an employer quits business or sells out,
4exchanges, or otherwise disposes of the business or stock of
5goods, any premium payable under this Section is immediately
6due and payable, and the employer shall, within 10 days
7thereafter, pay the premium due. A person who becomes a
8successor to the business is liable for the full amount of the
9premium and shall withhold from the purchase price a sum
10sufficient to pay any premium due from the employer until the
11employer produces a receipt from the Department showing
12payment in full of any premium due or a certificate that no
13premium is due. If the premium is not paid by the employer
14within 10 days after the date of the sale, exchange, or
15disposal, the successor is liable for the payment of the full
16amount of the premium. The successor's payment of the premium
17is, to the extent of the payment, a payment upon the purchase
18price, and if the payment is greater in amount than the
19purchase price, the amount of the difference is a debt due the
20successor from the employer.
21    A successor is not liable for any premium due from the
22person from whom the successor has acquired a business or
23stock of goods if the successor gives written notice to the
24Department of the acquisition and no assessment is issued by
25the Department within one year after receipt of the notice
26against the former operator of the business.



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1    Section 35. Compensation for family leave.
2    (a) An individual's weekly benefit rate shall be 85% of
3his or her average weekly wage, subject to a maximum of $881
4per week paid to workers by employers, as determined pursuant
5to Section 401 of the Unemployment Insurance Act; however, the
6individual's benefit rate shall be computed to the next lower
7multiple of $1 if not already a multiple thereof. The amount of
8benefits for each day of family leave for which benefits are
9payable shall be one-seventh of the corresponding weekly
10benefit amount; provided that the total benefits for a
11fractional part of a week shall be computed to the next lower
12multiple of $1 if not already a multiple thereof.
13    (b) With respect to any period of family leave and while an
14individual is an eligible employee, family benefits not in
15excess of the individual's maximum benefits shall be payable
16with respect to the first day of leave taken after the first
17one-week period following the commencement of the period of
18family leave and each subsequent day of family leave during
19that period of family leave; and if benefits become payable on
20any day after the first 3 weeks in which leave is taken, then
21benefits shall also be payable with respect to any leave taken
22during the first one-week period in which leave is taken. The
23maximum total benefits payable to any eligible individual
24commencing on or after the effective date of this Act shall be
2512 times the individual's weekly benefit amount or one-third



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1of his or her total wages in his or her base year, whichever is
2the lesser; provided that the maximum amount shall be computed
3in the next lower multiple of $1 if not already a multiple
5    (c) All of the family leave benefits paid to an eligible
6employee during a period of family leave with respect to any
7one birth or adoption shall be for a single continuous period
8of time, except that the employer of the eligible employee may
9permit the eligible employee to receive the family leave
10benefits during non-consecutive weeks in a manner mutually
11agreed to by the employer and the eligible employee and
12disclosed to the Department by the employer.
13    (d) Nothing in this Act shall be construed to prohibit the
14establishment by an employer, without approval by the
15Department, of a supplementary plan or plans providing for the
16payment to employees, or to any class or classes of employees,
17of benefits in addition to the benefits provided by this Act or
18to prohibit the collection or receipt of additional voluntary
19contributions from employees toward the cost of the additional
20benefits. The rights, duties, and responsibilities of all
21interested parties under the supplementary plans shall be
22unaffected by any provision of this Act.
23    Section 40. Family leave; duration. An eligible employee
24may take 12 weeks of family leave within any 24-month period in
25order to provide care made necessary by reasons identified in



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1Section 10. An eligible employee may take family leave on an
2intermittent schedule in which all of the leave authorized
3under this Act is not taken sequentially.
4    Section 45. Annual reports; contents.
5    (a) The Department shall issue and make available to the
6public, not later than July 1, 2024 and July 1 of each
7subsequent year, annual reports providing data on family leave
8benefits claims involving pregnancy and childbirth, and family
9leave benefits, including separate data for each of the
10following categories of claims: the employee's own serious
11illness; care of newborn children; care of newly adopted
12children; care of sick children; care of sick spouses; and
13care of other sick family members. The reports shall include,
14for each category of claims, the number of workers receiving
15the benefits, the amount of benefits paid, the average
16duration of benefits, the average weekly benefit, and any
17reported amount of sick leave, vacation, or other fully paid
18time which resulted in reduced benefit duration. The report
19shall provide data by gender and by any other demographic
20factors determined to be relevant by the Department. The
21reports shall also provide, for all family leave benefits, the
22total costs of benefits and the total cost of administration,
23the portion of benefits for claims during family leave, and
24the total revenues from employer assessments, where
25applicable; employee assessments; and other sources.



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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 family leave
18    through the State, with special attention given to small
19    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 50. 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 55. Prohibited acts. No employer, temporary
10employment agency, employment agency, employee organization,
11or other person shall discharge, expel, or otherwise
12discriminate against a person because the person has filed or
13communicated to the employer an intent to file a claim, a
14complaint, or an appeal or has testified or is about to testify
15or has assisted in any proceeding, under this Act, at any time.
16    Section 60. Penalties.
17    (a) A person who makes a false statement or
18representation, knowing it to be false, or knowingly fails to
19disclose a material fact to obtain or increase any family
20leave benefit during a period of family leave, either for
21himself or herself or for any other person, shall be liable for
22a civil penalty of $250 to be paid to the Department. Each such
23false statement or representation or failure to disclose a



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1material fact shall constitute a separate offense. Upon
2refusal to pay such civil penalty, the civil penalty shall be
3recovered in a civil action by the Attorney General on behalf
4the Department in the name of the State of Illinois. If, in any
5case in which liability for the payment of a civil penalty has
6been determined, any person who has received any benefits
7under this Act by reason of the making of such false statements
8or representations or failure to disclose a material fact
9shall not be entitled to any benefits under this Act for any
10leave occurring prior to the time he or she has discharged his
11or her liability to pay the civil penalty.
12    (b) A person who willfully violates any provision of this
13Act or any rule adopted under this Act for which a civil
14penalty is neither prescribed in this Act nor provided by any
15other applicable law shall be subject to a civil penalty of
16$500 to be paid to the Department. Upon the refusal to pay such
17civil penalty, the civil penalty shall be recovered in a civil
18action by the Attorney General on behalf of the Department in
19the name of the State of Illinois.
20    (c) A person, employing unit, employer, or entity
21violating any provision of this Section with intent to defraud
22the Department is guilty of a Class C misdemeanor. The fine
23upon conviction shall be payable to the Fund. Any penalties
24imposed by this subsection shall be in addition to those
25otherwise prescribed in this Section.



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1    Section 65. Leave and employment protection.
2    (a) During a period in which an employee receives family
3leave benefits under this Act, the employee is entitled to
4family leave and, at the established ending date of leave, to
5be restored to a position of employment with the employer from
6whom leave was taken as provided under subsection (b).
7    (b) Except as provided in subsection (f), an employee who
8receives family leave benefits under this Act for the intended
9purpose of the family leave is entitled, on return from the
11        (1) to be restored by the employer to the position of
12    employment held by the employee when the family leave
13    commenced; or
14        (2) to be restored to an equivalent position with
15    equivalent employment benefits, pay, and other terms and
16    conditions of employment at a workplace within 20 miles of
17    the employee's workplace when the family leave commenced.
18    (c) The taking of family leave under this Act may not
19result in the loss of any employment benefits accrued before
20the date on which the family leave commenced.
21    (d) Nothing in this Section entitles a restored employee
23        (1) the accrual of any seniority or employment
24    benefits during any period of family leave; or
25        (2) any right, benefit, or position of employment
26    other than any right, benefit, or position to which the



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1    employee would have been entitled to had the employee not
2    taken the family leave.
3    (e) Nothing in this Section prohibits an employer from
4requiring an employee on family leave to report periodically
5to the employer on the status and intention of the employee to
6return to work.
7    (f) An employer may deny restoration under subsection (b)
8to a salaried employee who is among the highest paid 10% of the
9employees employed by the employer within 75 miles of the
10facility at which the employee is employed if:
11        (1) denial is necessary to prevent substantial and
12    grievous economic injury to the operations of the
13    employer;
14        (2) the employer notifies the employee of the intent
15    of the employer to deny restoration on such basis at the
16    time the employer determines that the injury would occur;
17    and
18        (3) the family leave has commenced and the employee
19    elects not to return to employment after receiving the
20    notice.
21    Section 70. Notice to employer.
22    (a) If the necessity for family leave for the birth or
23placement of a child is foreseeable based on an expected birth
24or placement, the employee shall provide the employer with not
25less than 30 days' notice, before the date the leave is to



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1begin, of the employee's intention to take leave for the birth
2or placement of a child, except that if the date of the birth
3or placement requires leave to begin in less than 30 days, the
4employee shall provide such notice as is practicable.
5    (b) If the necessity for family leave for an employee's or
6a family member's serious health condition is foreseeable
7based on planned medical treatment, the employee:
8        (1) must make a reasonable effort to schedule the
9    treatment so as not to disrupt unduly the operations of
10    the employer; and
11        (2) must provide the employer with not less than 30
12    days' notice, before the date the leave is to begin, of the
13    employee's intention to take leave for his, her, or a
14    family member's serious health condition, except that if
15    the date of the treatment requires leave to begin in less
16    than 30 days, the employee must provide such notice as is
17    practicable.
18    Section 75. Coordination of leave.
19    (a) Family leave taken under this Act must be taken
20concurrently with any leave taken under the Federal Family and
21Medical Leave Act of 1993.
22    (b) An employer may require that family leave taken under
23this Act be taken concurrently or otherwise coordinated with
24leave allowed under the terms of a collective bargaining
25agreement or employer policy, as applicable, for the birth or



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1placement of a child. The employer must give his or her
2employees written notice of this requirement.
3    Section 80. Rules. The Department may adopt any rules
4necessary to implement the provisions of this Act. In adopting
5rules, the Department shall maintain consistency with the
6regulations adopted to implement the Federal Family and
7Medical Leave Act of 1993 to the extent such regulations are
8not in conflict with this Act.
9    Section 85. Authority to contract. The Department may
10contract or enter into interagency agreements with other State
11agencies for the initial administration of the Family Leave
13    Section 175. Severability. The provisions of this Act are
14severable under Section 1.31 of the Statute on Statutes.
15    Section 900. The State Finance Act is amended by adding
16Section 5.935 as follows:
17    (30 ILCS 105/5.935 new)
18    Sec. 5.935. The State Benefits Fund.
19    Section 999. Effective date. This Act takes effect January
201, 2022.