Illinois General Assembly - Full Text of HB4215
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Full Text of HB4215  102nd General Assembly




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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; references to Act.
5    (a) This Act may be cited as the Child Extended
6Bereavement Leave Act.
7    (b) This Act may be referred to as Zachary's Parent
8Protection Act.
9    Section 5. Definitions. In this Act:
10    "Child" means an employee's biological, adopted, or foster
11child, a stepchild, a legal ward, or a child of a person
12standing in loco parentis.
13    "Department" means the Department of Labor.
14    "Employee" means a full-time employee of a large employer
15or a small employer who has worked for that employer for at
16least 2 weeks; however, "employee" does not include a salaried
17employee who is among the highest paid 10% of the employees
18employed by the employer.
19    "Employer" means a large employer or a small employer.
20    "Large employer" means a person or entity, other than the
21federal government or an agency of the federal government,
22that employs 250 or more employees on a full-time basis in



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1    "Small employer" means a person or entity, other than the
2federal government or an agency of the federal government,
3that employs at least 50 but fewer than 250 employees on a
4full-time basis in Illinois.
5    Section 10. Leave.
6    (a) An employee of a large employer is entitled to use a
7maximum of 12 weeks of unpaid leave if the employee
8experiences the loss of a child by suicide or homicide.
9    (b) An employee of a small employer is entitled to use a
10maximum of 6 weeks of unpaid leave if the employee experiences
11the loss of a child by suicide or homicide.
12    (c) Leave under subsection (a) or (b) may be taken in a
13single continuous period or intermittently in increments of no
14less than 4 hours, but leave must be completed within one year
15after the employee notifies the employer of the loss.
16    (d) An employer may require reasonable advance notice of
17the employee's intention to take leave, unless providing such
18notice is not reasonable and practicable.
19    (e) An employer may require reasonable documentation.
20Documentation may include a death certificate, a published
21obituary, or written verification of death, burial, or
22memorial services from a mortuary, funeral home, burial
23society, crematorium, religious institution, or government
24agency. An employer may require that the documentation include
25the cause of death.



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1    Section 15. Existing leave usable for bereavement. An
2employee who is entitled to take paid or unpaid leave
3(including family, medical, sick, annual, personal, or similar
4leave) from employment, pursuant to federal, State, or local
5law, a collective bargaining agreement, or an employment
6benefits program or plan may elect to substitute any period of
7such leave for an equivalent period of leave provided under
8this Act.
9    Section 20. Protections.
10    (a) An employee who takes leave under this Act is
11entitled, on return from such leave:
12        (1) to be restored by the employer to the position of
13    employment held by the employee when the leave commenced;
14    or
15        (2) to be restored to an equivalent position with
16    equivalent employment benefits, pay, and other terms and
17    conditions of employment.
18    (b) The taking of leave under this Act shall not result in
19the loss of any employment benefit accrued prior to the date on
20which the leave commenced.
21    (c) Nothing in this Act shall be construed to entitle any
22restored employee to:
23        (1) the accrual of any seniority or employment
24    benefits during any period of leave; or



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1        (2) any right, benefit, or position of employment
2    other than any right, benefit, or position to which the
3    employee would have been entitled had the employee not
4    taken the leave.
5    Section 25. Unlawful employer practices.
6    (a) It is unlawful for any employer to take any adverse
7action against an employee because the employee:
8        (1) exercises rights or attempts to exercise rights
9    under this Act;
10        (2) opposes practices which such employee believes to
11    be in violation of this Act; or
12        (3) supports the exercise of rights of another under
13    this Act.
14    (b) Exercising rights under this Act includes:
15        (1) filing an action or instituting or causing to be
16    instituted any proceeding under or related to this Act;
17        (2) providing or agreeing to provide any information
18    in connection with any inquiry or proceeding relating to
19    any right provided under this Act; or
20        (3) testifying to or agreeing to testify in any
21    inquiry or proceeding relating to any right provided under
22    this Act.
23    Section 30. Department responsibilities.
24    (a) The Department shall administer and enforce this Act



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1and adopt rules under the Illinois Administrative Procedure
2Act for the administration and enforcement of this Act. The
3Department has the powers and the parties have the rights
4provided in the Illinois Administrative Procedure Act for
5contested cases. The Department has the power to conduct
6investigations in connection with the administration and
7enforcement of this Act, including the power to conduct
8depositions and discovery and to issue subpoenas. If the
9Department finds cause to believe that this Act has been
10violated, the Department shall notify the parties in writing
11and the matter shall be referred to an Administrative Law
12Judge to schedule a formal hearing in accordance with hearing
13procedures established by rule.
14    (b) The Department is authorized to impose civil penalties
15in administrative proceedings that comply with the Illinois
16Administrative Procedure Act and to supervise the payment of
17the unpaid wages and damages owing to the employee or
18employees under this Act. The Department may bring any legal
19action necessary to recover the amount of unpaid wages,
20damages, and penalties, and the employer shall be required to
21pay the costs. Any sums recovered by the Department on behalf
22of an employee under this Act shall be paid to the employee or
23employees affected.
24    (c) The Attorney General may bring an action to enforce
25the collection of any civil penalty imposed under this Act.



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1    Section 35. Enforcement.
2    (a) An employee who believes his or her rights under this
3Act or any rule adopted under this Act have been violated may,
4within 60 days after the date of the last event constituting
5the alleged violation for which the action is brought, file a
6complaint with the Department or file a civil action.
7    (b) An employer that violates any provision of this Act or
8any rule adopted under this Act is subject to a civil penalty
9for each employee affected as follows:
10        (1) for a first offense, a civil penalty not to exceed
11    $500;
12        (2) for a second or subsequent offense, a civil
13    penalty not to exceed $1,000.
14    (c) A civil action may be brought in the circuit court by
15an employee to enforce this Act. The circuit court may enjoin
16any act or practice that violates or may violate this Act and
17may order any other equitable relief that is necessary and
18appropriate to redress the violation or to enforce the Act.
19    Section 40. Use of other leave laws. This Act does not
20extend the maximum period of leave to which an employee is
21entitled under the federal Family and Medical Leave Act of
221993 or under any other paid or unpaid leave provided under
23federal, State or local law, a collective bargaining
24agreement, or an employment benefits program or plan.



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1    Section 90. The Child Bereavement Leave Act is amended by
2adding Section 35 as follows:
3    (820 ILCS 154/35 new)
4    Sec. 35. Other law. A person who uses leave under the Child
5Extended Bereavement Leave Act because of the death of a child
6may not take leave under this Act because of the death of the
7same child.