Illinois General Assembly - Full Text of SB1234
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Full Text of SB1234  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/2/2023, by Sen. Ram Villivalam


New Act
30 ILCS 105/5.990 new

    Creates the Family and Medical Leave Insurance Program Act. Requires the Department of Employment Security to establish and administer a Family and Medical Leave Insurance Program that provides family and medical leave insurance benefits to eligible employees. Sets forth eligibility requirements for benefits under the Act. 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 and medical leave; defined terms; and other matters. Amends the State Finance Act. Creates the Family and Medical Leave Insurance Account Fund. Provides phase-in periods for the collection of money and making of claims for benefits under the Act. Effective January 1, 2024.

LRB103 26030 SPS 52385 b





SB1234LRB103 26030 SPS 52385 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
5and Medical Leave Insurance Act.
6    Section 5. Declaration of policy and intent. Many workers
7do not have access to family and medical leave programs, those
8who do may not be in a financial position to take family or
9medical leave that is unpaid, and employer-paid benefits meet
10only a relatively small part of this need. It is the public
11policy of this State to protect working individuals and their
12families against the economic hardship caused by the need to
13take time off from work to care for themselves or family
14members who are suffering from a serious illness, for a
15newborn or a newly adopted or foster child, for pregnancy and
16related conditions, for the health and caregiving needs of
17military families, or to cope with domestic and sexual
19    The disparities for access to and the need for leave cut
20across income and other demographics. Higher income workers
21have greater access to paid leave than lower income workers;
22women workers have higher rates of unmet need for leave than
23men; Black, Asian American, Pacific Islander, and Native



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1American workers have higher rates of unmet need for leave
2than white workers; and Hispanic workers are less likely than
3non-Hispanic workers to have access to paid leave in the first
5    Moreover, in 73% of all Illinois households with children,
6more than 2,000,000 homes, all parents have paying jobs.
7Illinois mothers are key family breadwinners in 84% of black
8families, 49% of Latinx families, and 48% of white families.
9While women make up half of the workforce, they are
10responsible for the majority of unpaid family household and
11care work, which has a significant impact on their health and
12well-being. Maintaining an attachment to the workforce is
13vital to women's economic stability; an employment gap of just
14one year leads to a 39% decrease in annual earnings, and that
15disparity increases over time. With the demographic shift
16toward an aging population, the need for family caregiving
17continues to grow. In less than 15 years, the share of the
18State's population of individuals aged 65 and over will grow
19by one-third. If any of these women take unpaid leave, her
20whole family, and Illinois, suffers.
21    The United States is the only industrialized nation in the
22world that does not have a mandatory workplace-based program
23for such income support. The negative economic impact on
24families and our economy is real. A U.S. Department of Labor
25report indicates if women participated in the labor force at
26the same rate as women in countries with paid leave, our



SB1234- 3 -LRB103 26030 SPS 52385 b

1economy would benefit from more than $500 billion in
2additional economic activity.
3    Providing parents and caregivers with paid leave from work
4to care for their infants and young children is critical to the
5healthy development of children and families. Attentive and
6consistent relationships between very young children and their
7families help children develop the ability to learn, to form
8positive relationships, and to exercise self-control. Without
9paid family and medical leave, most families are forced to
10choose between caring for their children and their economic
12    The majority of Illinois small business owners and
13entrepreneurs support a State-administered paid family and
14medical leave program as it ensures economic security,
15strengthens business recruitment and retention of employees,
16and mitigates the loss of income for small business owners,
17which comprise over 90% of businesses in the United States,
18including the self-employed and businesses with under 10
20    It is therefore desirable and necessary to develop systems
21that help individuals and families adapt to the competing
22interests of work and home, which not only benefit workers,
23but also benefit employers by reducing employee turnover and
24increasing worker productivity.
25    It is the intent of the General Assembly to create a family
26and medical leave program to relieve the serious menace to



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1health, morals, and welfare of Illinois families, to increase
2workplace productivity, and to alleviate the enormous and
3growing stress on working families of balancing the demands of
4work and family needs. It is the intent of the General Assembly
5that this Act shall be liberally construed in favor of
6providing workers with the greatest amount of paid family and
7medical leave coverage, benefits, and employment security.
8    Section 10. Definitions. In this Act:
9    (1) "Average weekly wage" means the amount derived by
10dividing by 12 an employee's total earnings, including wages,
11gratuities, bonuses, commissions, and any other compensation
12that constitutes remuneration, earned during the quarter with
13the highest earnings in the applicable benefit year, or the
14amount derived by dividing by 12 an employee's total earnings,
15including wages, gratuities, bonuses, commissions, and any
16other compensation that constitutes remuneration, to fulfill a
17contract for a covered business entity, earned in the quarter
18with the highest earnings in the applicable benefit year, or
19for individuals not currently employed or under contract, the
20amount derived by dividing by 12 of an individual's total
21earnings, including wages, gratuities, bonuses, commissions,
22and any other compensation that constitutes remuneration,
23earned during the quarter with the highest earnings earned in
24the 4 quarters prior to the last day of employment or end of



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1    (2) "Benefit year" means the period of 52 consecutive
2weeks beginning on the Sunday immediately preceding the first
3day that family and medical leave under this Act commences for
4the covered individual.
5    (3) "Care" includes, but is not limited to, physical or
6psychological care, emotional support, visitation, arranging
7for care or a change in care, assistance with essential daily
8living matters, and personal attendant services.
9    (4) "Child" means a biological, adopted, or foster child,
10a stepchild, grandchild, or legal ward, or a child for whom an
11employee stands in loco parentis, a person to whom the
12employee stood in loco parentis when the person was a minor
13child, a child of the spouse of an employee, or a child of a
14party to a civil union or legal guardianship, or any other
15individual whose close association with the employee is the
16equivalent of a child as determined by the employee,
17regardless of age or dependency status.
18    (5) "Civil union" means a civil union as defined in the
19Illinois Religious Freedom Protection and Civil Union Act.
20    (6) "Consecutive leave" means leave that is taken without
21interruption based upon an employee's regular work schedule or
22contract and does not include breaks in employment in which an
23employee is not regularly scheduled to work. For example, when
24an employee is normally scheduled to work from September
25through June and is not scheduled to work during July and
26August, a leave taken continuously during May, June, and



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1September shall be considered a consecutive leave.
2    (7) "Contributions" or "premiums" means the payments made
3by an employer, a covered business entity, or a self-employed
4individual to the Family and Medical Leave Insurance Fund, as
5required by this Act.
6    (8) "Covered business entity" means a business or trade
7that contracts with one or more individuals for services and
8is required to report the payment of services to such
9individuals on IRS Form 1099-MISC or IRS Form 1099-K for more
10than 25% of its Illinois workforce. Such individuals are
11included in the covered business entity's workforce if the
12contracts for services include, but are not limited to, oral
13or written contracts, and services arranged through
14application software designed to run on smartphones and other
15mobile devices and software designed to run inside a web
16browser. Covered business entities and individuals who
17contract for services with covered business entities are
18considered employers or employees where the context dictates.
19    (9) "Covered individual" means either:
20        (A) an individual who is or has been employed by any
21    combination of employers in the State of Illinois and
22    meets the financial eligibility requirements of subsection
23    (f) of Section 20;
24        (B) a self-employed individual who has: (i) elected
25    coverage under Section 25 and (ii) reported earnings to
26    the Illinois Department of Revenue from self-employment



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1    that meet the financial eligibility requirements of
2    subsection (f) of Section 20, as if the individual were an
3    employee;
4        (C) an individual who contracts for services with a
5    covered business entity;
6        (D) a domestic worker; or
7        (E) a former employee, self-employed individual,
8    individual who contracts for services with a covered
9    business entity, or a domestic worker, and has:
10            (i) met the financial eligibility requirements of
11        subsection (f) of Section 20 at the time of separation
12        from employment or the end of a contract; and
13            (ii) been separated from employment or the end of
14        a contract for not more than 52 weeks at the start of
15        the family or medical leave taken by the former
16        employee, self-employed individual, individual who
17        contracts for services with a covered business entity,
18        or is a domestic worker.
19    A covered individual is considered to be employed in the
20State of Illinois if: (i) the individual works in Illinois;
21(ii) the individual performs some work in Illinois and the
22employer's base of operations or the place from which the work
23is directed and controlled is in Illinois; or (iii) the base of
24operations or place from which the work is directed or
25controlled is not in any state in which some part of the work
26is performed, but the individual's residence is in this State.



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1    (10) "Department" means the Department of Employment
3    (11) "Director" means the Director of Employment Security
4and any transaction or exercise of authority by the Director
5shall be deemed to be performed by the Department.
6    (12) "Domestic or sexual violence" means domestic
7violence, sexual assault, or stalking.
8    (13) "Domestic violence" means abuse, as defined in
9Section 103 of the Illinois Domestic Violence Act of 1986, by a
10family or household member, as defined in Section 103 of the
11Illinois Domestic Violence Act of 1986, or as defined in this
13    (14) "Domestic worker" has the meaning set forth in
14Section 10 of the Domestic Workers' Bill of Rights. "Domestic
15worker" also includes independent contractors, sole
16proprietors, and partnerships who engage in "domestic work",
17as defined in Section 10 of the Domestic Workers' Bill of
18Rights Act.
19    (14) "Employ" means to suffer or permit to work.
20    (15) "Employee" means any individual or person who works
21for an employer for wage, remuneration, or other compensation,
22and works any number of hours, whether full-time or part-time
23or on a temporary or contingent basis, and any individual who
24contracts for services with a covered business entity or is a
25domestic worker. Except for individuals or persons that
26contract for services with a covered business entity or



SB1234- 9 -LRB103 26030 SPS 52385 b

1domestic workers who contract for services, "employee" does
2not include any individual:
3        (A) who has been and will continue to be free from
4    control and direction over the performance of the
5    individual's work, both under the individual's contract of
6    service with the individual's employer and in fact; and
7        (B) who performs work which is either outside the
8    usual course of business or is performed outside all of
9    the places of business of the employer unless the employer
10    is in the business of contracting with third parties for
11    the placement of employees; and
12        (C) who is in an independently established trade,
13    occupation, profession or business.
14    (16) "Employer" means any individual, person, partnership,
15association, limited liability company, trust, estate,
16joint-stock company, insurance company, employment and labor
17placement agency, or business where wages are made directly or
18indirectly by the agency or business for work undertaken by
19the employee under hire to a third party pursuant to a contract
20between the agency or business with the third party, or
21corporation, whether domestic or foreign, or the receiver,
22trustee in bankruptcy, trustee, or person that has in its
23employ one or more employees performing services for it.
24"Employer" also includes any employer subject to the
25Unemployment Insurance Act and any business or trade defined
26as a covered business entity in this Act. All employees



SB1234- 10 -LRB103 26030 SPS 52385 b

1performing services within this State for any employing unit
2that maintains 2 or more separate establishments within this
3State shall be deemed to be employed by a single employing unit
4for all purposes of this Act.
5    (17) "Employment benefits" means all benefits provided or
6made available to employees by an employer, including, but not
7limited to, life insurance, health insurance, disability
8insurance, sick leave, annual or vacation leave, paid time
9off, educational benefits, and pensions.
10    (18) "Family member" means an employee's child, spouse or
11party to a civil union or legal guardianship, parent,
12grandparent, grandchild, sibling, or any other individual
13related by blood, marriage, or civil union, or whose close
14relationship with the employee is the equivalent of a family
15relationship as determined by the employee.
16    (19) "Family and medical leave" means leave taken by a
17covered individual:
18        (A) to participate in the providing of care for a
19    family member of the covered individual made necessary by
20    a serious health condition of the family member;
21        (B) to be with a child during the first 12 months after
22    the child's birth, the first 12 months after the placement
23    of the child for adoption or foster care, the first 12
24    months after the child becomes a legal ward, or the first
25    12 months after in loco parentis status of the child is
26    acquired;



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1        (C) for the covered individual's own serious health
2    condition, including, but not limited to, conditions in
3    connection with pregnancy, recovery from childbirth,
4    related conditions even though the covered individual does
5    not receive treatment from a health care provider during
6    the absence, including, but not limited to, absence due to
7    morning sickness, a physical limitation arising from
8    pregnancy, or exposure to chemicals or hazardous material
9    that may be harmful, or any related condition;
10        (D) because of any qualifying exigency arising out of
11    the fact that a family member is on active duty (or has
12    been notified of an impending call or order to active
13    duty) in the Armed Forces of the United States;
14        (E) because the covered individual's or the covered
15    individual's family member is the victim of domestic or
16    sexual violence and the covered individual requests leave
17    because the victim is: (i) experiencing or has experienced
18    an incident of or ongoing domestic or sexual violence;
19    (ii) seeking medical attention for, or recovering from,
20    physical, emotional, or psychological injuries caused by
21    domestic or sexual violence; (iii) obtaining services from
22    a victim services organization; (iv) obtaining
23    psychological or other counseling; (v) participating in
24    safety planning, temporarily or permanently relocating, or
25    taking other actions to increase the safety of the victim
26    or the victim's family members from future domestic or



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1    sexual violence to ensure safety or economic security; or
2    (vi) seeking legal assistance or remedies to ensure the
3    health and safety of the victim or the victim's family
4    members, including preparing for or participating in any
5    civil or criminal legal proceeding related to or derived
6    from domestic or sexual violence;
7        (F) when a public health emergency or other disaster,
8    as defined in the Disaster Relief Act or Section 11 of the
9    Illinois Emergency Management Agency Act, has been
10    declared by a municipal, State, or federal official, and
11    until 10 weeks following the official termination or
12    suspension of the public health emergency or other
13    disaster, leave under this Act shall be implemented. Such
14    leave shall be provided for any reason related to a public
15    health emergency or other disaster, including, but not
16    limited to:
17            (i) the covered individual is subject to an
18        individual or general federal, State, or local
19        quarantine or isolation order related to a public
20        health emergency or other disaster;
21            (ii) the covered individual has been advised by a
22        health care provider to self-quarantine, or is
23        otherwise under quarantine, including self-imposed
24        quarantine, due to concerns related to a public health
25        emergency or other disaster;
26            (iii) the employee is experiencing symptoms



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1        related to a public health emergency or other disaster
2        and is seeking a medical diagnosis;
3            (iv) the covered individual is seeking preventive
4        care or other care or treatment related to a public
5        health emergency or other disaster;
6            (v) the covered individual is caring for a family
7        member who is subject to an order described in clause
8        (i), has been advised as described in clause (ii), is
9        experiencing symptoms or seeking preventive care as
10        described in clause (iii) or clause (iv), or whose
11        caregiving facility or caregiver is partially or
12        completely unavailable due to precautions related to a
13        public health emergency or other disaster;
14            (vi) the covered individual is caring for a child
15        of such covered individual if the school or place of
16        the care of the child has been partially or completely
17        closed, or the child care provider of such child is
18        partially or completely unavailable due to precautions
19        related to a public health emergency or other
20        disaster, including when the school or place of care
21        is (I) is physically closed but providing virtual
22        learning instruction; (II) requires or makes optional
23        virtual learning instruction; or (III) requires or
24        makes available a hybrid of in-person and virtual
25        learning instruction models;
26            (vii) the covered individual is experiencing any



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1        other substantially similar condition specified by a
2        federal, State, or local government public health or
3        other official;
4            (viii) the covered individual's hours of work have
5        been reduced, the covered individual has been
6        furloughed, the covered individual has been terminated
7        from employment, or the covered individual's contract
8        for services has terminated; or
9            (ix) the employer is not following the recommended
10        health and safety guidance issued by a federal, State,
11        or local public official related to a public health
12        emergency or other disaster; or
13        (G) To care for a child if the child's school or place
14    of care has been partially or completely closed or if the
15    childcare provider is partially or completely unavailable
16    to provide for the child's well-being.
17    "Family and medical leave" does not include any period of
18time during which a covered individual is paid benefits
19pursuant to the Workers' Compensation Act because the covered
20individual is unable to perform the duties of the covered
21individual's employment due to the covered individual's own
22disability or paid benefits pursuant to the Unemployment
23Insurance Act.
24    (20) "Family and medical leave benefits" means any
25payments that are payable to an individual for all or part of a
26period of family and medical leave.



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1    (21) "Health care provider" means any person licensed
2under federal, State, or local law, or the laws of a foreign
3nation, to provide health care services, any other person who
4has been authorized to provide health care by a licensed
5health care provider, or any other individual determined by
6the Department to be capable of providing health care
8    (22) "Intermittent leave" means a nonconsecutive leave
9consisting of intervals, each of which is at least one day
10within a consecutive 12-month period.
11    (23) "Parent" means a biological parent, foster parent,
12adoptive parent, stepparent, or parent-in-law of the covered
13individual or a person who is or was a legal guardian of, or
14who stood in loco parentis to, the covered individual when the
15covered individual was a child, or any other individual whose
16close association with the covered individual is the
17equivalent of a parent as determined by the covered
19    (24) "Placement for adoption" means the time when a
20covered individual adopts a child or becomes responsible for a
21child pending adoption by the covered individual or the
22covered individual's family member.
23    (25) "Qualifying exigency" means a need arising out of a
24covered individual's family member's active duty service or
25notice of an impending call or order to active duty in the
26Armed Forces, including, but not limited to, providing for the



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1care or other needs of the military member's family member,
2making financial or legal arrangements for the military
3member, attending counseling, attending military events or
4ceremonies, spending time with the military member during a
5rest and recuperation leave or following return from
6deployment or making arrangements following the death of the
7military member. "Armed Forces" includes the Army, Navy, Air
8Force, Marine Corps, Coast Guard, and National Guard or
10    (26) "Self-employed individual" means a sole proprietor
11that meets the specifications under the definition of the term
12"employee", a member of a limited liability company or limited
13liability partnership, or an individual who resides in
14Illinois and whose net profit or loss from a business is
15required to be reported to the Illinois Department of Revenue.
16    (27) "Serious health condition" means an illness, injury,
17impairment, or physical or mental condition that requires
18inpatient care in a hospital, hospice, or residential medical
19care facility or continuing medical treatment, counseling, or
20continuing supervision by a health care provider or victim
21services organization. "Serious health condition" includes,
22but is not limited to, conditions in connection with
23pregnancy, recovery from childbirth, or any related condition.
24    (28) "Sexual assault" means any conduct proscribed by: (i)
25Article 11 of the Criminal Code of 2012 except Sections 11-35
26and 11-45; or (ii) Sections 12-13, 12-14, 12-14.1, 12-15, and



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112-16 of the Criminal Code of 2012.
2    (29) "Stalking" means any conduct proscribed by the
3Criminal Code of 2012 in Sections 12-7.3, 12-7.4, and 12-7.5.
4    (30) "Statewide average weekly wage" means the wage
5determined by the Department of Employment Security pursuant
6to paragraph 2 of subsection B of Section 401 of the
7Unemployment Insurance Act.
8    (31) "12-month period" means, with respect to an employee
9who establishes a valid claim for family and medical leave
10benefits during a period of family and medical leave, the 365
11consecutive days that begin with the first day that the
12employee first establishes the claim.
13    (32) "Fund" means the Family and Medical Leave Insurance
14Fund established in Section 35.
15    (33) "Victim" or "survivor" means an individual who has
16been subjected to domestic or sexual violence.
17    (34) "Victim services organization" means a nonprofit,
18nongovernmental organization that provides assistance to
19victims of domestic or sexual violence, including rape crisis
20centers, organizations carrying out a domestic violence
21program, organizations operating a shelter or providing
22counseling services, or a legal services organization or other
23organization providing assistance through the legal process.
24    (35) "Wages" means any remuneration owed an individual
25pursuant to employment, an employment contract or agreement
26between 2 or more parties or a contract for services with a



SB1234- 18 -LRB103 26030 SPS 52385 b

1covered business entity, whether paid directly or indirectly,
2including, but not limited to, salaries, commissions,
3gratuities, and bonuses, and reasonable cash value of board,
4rent, housing, lodging, payment in kind and all remuneration
5paid in any medium other than cash, and whether the amount is
6determined on a time, task, piece, or any other basis of
8    (36) "Weekly benefit amount" means the amount of wage
9replacement paid to a covered individual on a weekly basis
10while the covered individual is on family and medical leave,
11as provided in Section 40.
12    Section 15. Family and medical leave insurance program.
13    (a) The Department shall establish and administer a family
14and medical leave insurance program.
15    (b) The Department shall establish procedures and forms
16for filing claims for benefits under this Act.
17    (c) The Department shall use information sharing and
18integration technology to facilitate the disclosure of
19relevant information or records by the Department.
20    (d) Information contained in the files and records
21pertaining to an employee, an individual who contracts for
22services with a covered business entity, a self-employed
23individual, any covered individual under this Act, or a family
24member of such individual is confidential and not open to
25inspection other than by public employees in the performance



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1of their official duties. However, the employee, an individual
2who contracts for services with a covered business entity, a
3self-employed individual, a covered individual, or an
4authorized representative of an employee, an individual who
5contracts for services with a covered business entity,
6self-employed individual, or covered individual may review the
7records or receive specific information from the records on
8the presentation of the signed authorization of the employee,
9individual who contracts for services with a covered business
10entity, the self-employed individual, or the covered
11individual. An employer, covered business entity, or the
12employer's or covered business entity's duly authorized
13representative may review the records of an employee employed
14by the employer, individual who contracts for services with a
15covered business entity, or self-employed individual in
16connection with a pending claim, with the exception of any
17protected health information provided to the Department by an
18entity covered by the Health Insurance Portability and
19Accountability Act or information related to a use of leave
20authorized under paragraph (E) of item (19) of Section 10. At
21the Department's discretion, other persons may review records
22when such persons are rendering assistance to the Department
23at any stage of the proceedings on any matter pertaining to the
24administration of this Act. An employer and a covered business
25entity must keep at its place of business for not less than 5
26years from the date of a request for leave records from which



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1the information needed by the Department for purposes of this
2Act may be obtained. The records shall at all times be open to
3the inspection of the Department pursuant to rules adopted by
4the Department. An employer or covered business entity subject
5to any provision of this Act shall make and preserve records
6that document the name, address, and occupation of each
7employee, individual who contracts for services with a covered
8business entity, or domestic worker, the wages and any other
9compensation paid, benefits provided, and contract for
10services for each employee, individual with a contract for
11services with a covered business entity, or domestic worker,
12and any other information the Director may by rule deem
13necessary and appropriate for enforcement of this Act. An
14employer or covered business entity subject to any provision
15of this Act shall preserve those records for a period of not
16less than 5 years and shall make reports from the records as
17prescribed by rule or order of the Director, unless the
18records relate to an ongoing investigation or enforcement
19action under this Act, in which case the records must be
20maintained until their destruction is authorized by the
21Department or by court order.
22    (e) The Department shall develop and implement an outreach
23program to ensure that individuals who may be eligible to
24receive family and medical leave benefits under this Act are
25made aware of these benefits. Outreach information shall
26explain, in an easy-to-understand format, eligibility



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1requirements, the claims process, weekly benefit amounts,
2maximum benefits payable, notice requirements, reinstatement
3and nondiscrimination rights, confidentiality, and
4coordination of leave under this Act and other laws,
5collective bargaining agreements, and employer and covered
6business entity policies. Outreach information shall be
7available in English, Spanish, Polish, Russian, Tagalog,
8Mandarin, and in other languages that are spoken as a primary
9language by a significant portion of the State's population,
10as determined by the Department.
11    (f) An employee, individual who contracts for services
12with a covered business entity, or domestic worker may make a
13claim for benefits under this Act on and after January 1 of the
14year one year after the Department begins collecting employer
15and covered business entity premium contributions under this
17    Section 20. Eligibility for benefits.
18    (a) The Department may require that a claim for family and
19medical leave benefits under this Act be supported by a
20certification. For a claim for family and medical leave under
21paragraph (A), (B), or (C) of item (19) of Section 10, the
22certification shall be issued by a health care provider of the
23employee's, the individual who contracts for services for a
24covered business entity's, or the covered individual's
25choosing who is providing care to the employee or the



SB1234- 22 -LRB103 26030 SPS 52385 b

1employee's family member if applicable or the individual who
2contracts for services with a covered business entity or such
3individual's family member if applicable, or covered
4individual or the covered individual's family member, however,
5for a claim under paragraph (C) for leave for conditions in
6connection with pregnancy, recovery after childbirth, or any
7related conditions, leave shall be granted even though the
8covered individual does not receive treatment from a health
9care provider during the absence. For a claim for family and
10medical leave because of a qualifying exigency under paragraph
11(D), documentation shall be sufficient if it includes: (i) a
12copy of the family member's active duty orders; (ii) other
13documentation issued by the Armed Forces; or (iii) other
14documentation permitted by the Department. For a claim for
15family and medical leave under paragraph (E) of item (19) of
16Section 10, any one of the following is acceptable for
17certification, and only one of the following documents shall
18be required: a police report, court document, document issued
19by a healthcare provider, or a signed statement from an
20attorney, a member of the clergy, or a victim services
21organization or advocate. It is up to the employee, individual
22who contracts for services with a covered business entity, or
23covered individual to determine which documentation to submit.
24If documentation has been submitted, the Department or the
25employer or covered business entity shall not request or
26require any other documentation if the reason for the initial



SB1234- 23 -LRB103 26030 SPS 52385 b

1or subsequent claims for family and medical leave is related
2to the same incident of violence or the same perpetrator of the
3violence. For leave under paragraphs (F) and (G) of item (19)
4of Section 10, a statement signed by the covered individual is
5acceptable documentation for certification.
6    (b) The eligibility for benefits of an employee, an
7individual who contracts with a covered business entity, or a
8domestic worker is not affected by a strike or lockout at the
9factory, establishment, or other premises at which the
10employee is or was last employed.
11    (c) An employee, individual who contracts for services
12with a covered business entity, or domestic worker who has
13received benefits under this Act may not lose any other
14employment benefits, including seniority or pension rights,
15accrued before the date that family and medical leave
16commenced. The employer or covered business entity shall
17maintain during any period of family and medical leave taken
18the health benefits of the employee and, if applicable, the
19dependents of the employee, the individual who contracts for
20services with a covered business entity, or the domestic
21worker in force at the time a request for family and medical
22leave was made, for the duration of such leave as if the
23employee, individual who contracts for services with a covered
24business entity, or domestic worker had continued to work from
25the date the employee, individual who contracts for services
26with a covered business entity, or domestic worker commenced



SB1234- 24 -LRB103 26030 SPS 52385 b

1the family and medical leave until the date the employee,
2individual who contracts for services with a covered business
3entity, or domestic worker returns to work. However, this
4Section does not entitle an employee, individual who contracts
5for services with a covered business entity, or domestic
6worker to accrue employment benefits during a period of family
7and medical leave or to a right, benefit, or position of
8employment other than a right, benefit, or position to which
9the employee, individual who contract for services with a
10covered business entity, or domestic worker would have been
11entitled had the employee, individual who contracts for
12services with a covered business entity, or domestic worker
13not taken family and medical leave.
14    (d) This Act does not diminish an employer's or covered
15business entity's obligation to comply with a collective
16bargaining agreement or an employment benefits program or plan
17that provides greater benefits to employees, individuals who
18contract for services with a covered business entity, or
19domestic workers than the benefits provided under this Act.
20    (e) An agreement by an employee, individual who contracts
21for services with a covered business entity, or domestic
22worker to waive the rights of the employee, individual who
23contracts for services with a covered business entity, or
24domestic worker under this Section is void as contrary to
25public policy. The benefits under this Act may not be
26diminished by a collective bargaining agreement or another



SB1234- 25 -LRB103 26030 SPS 52385 b

1employment benefits program or plan entered into or renewed
2after the effective date of this Act.
3    (f) Subject to the requirements of this Act, an individual
4shall be eligible to receive benefits under this Act if that
5individual has been paid during the individual's base period
6wages equal to not less than $1,600, provided that the
7individual has been paid wages equal to at least $440 during
8that part of the individual's base period which does not
9include the calendar quarter in which the wages paid to the
10individual were highest. "Base period" means the first 4 of
11the last 5 completed calendar quarters immediately preceding
12the Sunday immediately preceding the first day that family and
13medical leave under this Act commences for the covered
14individual. However, if an individual is not eligible to
15receive family and medical leave benefits or an individual's
16weekly benefit amount would be lower using such base period, a
17base period consisting of the last 4 completed quarters
18immediately preceding the Sunday immediately preceding the
19first day that family and medical leave under this Act
20commences shall be used to establish eligibility or a higher
21weekly benefit amount for the covered individual.
22    Section 25. Elective coverage; self-employed.
23    (a) For benefits payable beginning January 1, 2025, any
24self-employed person, including a sole proprietor, independent
25contractor, partner, or joint venturer, who has



SB1234- 26 -LRB103 26030 SPS 52385 b

1self-employment income for work performed in Illinois in
2accordance with the definition of covered individual under
3item (9) of Section 10 may elect coverage for an initial period
4of not less than 3 years and subsequent periods of not less
5than one year immediately following a period of coverage.
6Those electing coverage under this Act are responsible for
7payment of 100% of all premiums assessed to any employer under
8this Act. The self-employed person must file a notice of
9election in writing with the Department in a manner as
10required by the Department by rule.
11    (b) A self-employed person who has elected coverage may
12withdraw from coverage within 30 days after the end of each
13period of coverage, or at such other times as the Department
14may adopt by rule, by filing a notice of withdrawal in writing
15with the Department, such withdrawal to take effect not sooner
16than 30 days after the filing the notice with the Department.
17    (c) The Department may cancel elective coverage if the
18self-employed person fails to make required payments or file
19reports. The Department may collect due and unpaid premiums
20and may levy additional premiums for the remainder of the
21period of coverage. The cancellation shall be effective no
22later than 30 days after the date of the notice in writing
23advising the self-employed person of the cancellation.
24    (d) Those electing coverage are considered employees or
25employers where the context dictates.
26    (e) In this Section, "independent contractor" means an



SB1234- 27 -LRB103 26030 SPS 52385 b

1individual excluded from employment under the definition of
2"employee" under Section 10.
3    Section 30. Disqualification from benefits.
4    (a) An employee is disqualified from family and medical
5leave benefits under this Act if the employee:
6        (1) willfully makes a false statement or
7    misrepresentation regarding a material fact or willfully
8    fails to disclose a material fact to obtain benefits; or
9        (2) seeks benefits based on a serious health condition
10    that resulted from the employee's commission of a felony.
11    (b) A disqualification for family and medical leave
12benefits is for a period of 2 years and commences on the first
13day of the calendar week in which the employee filed a claim
14for benefits under this Act.
15    An employee who is disqualified for benefits is liable to
16the Department for a penalty of 15% of the amount of benefits
17received by the employee in addition to the total amount of
18benefits received.
19    Section 35. Family and Medical Leave Insurance Fund.
20    (a) The Family and Medical Leave Insurance Fund is created
21as a special fund in the State treasury. Money in the Fund may
22be used for the payment of family and medical leave benefits
23and for the administration of this Act. All interest and other
24earnings that accrue from investment of money in the Fund



SB1234- 28 -LRB103 26030 SPS 52385 b

1shall be credited to the Fund.
2    (b) An employer and a covered business entity shall pay a
3premium contribution in the amount of 0.73% of wages for all
4employees and individuals who contract for services with a
5covered business entity. The Department shall by rule provide
6for the collection of the employer's premium contribution. The
7amount of the employer's premium contribution imposed under
8this Section, less refunds authorized by this Act, and all
9assessments and penalties collected under this Act shall be
10deposited into and credited to the Fund.
11    (c) A separate account, to be known as the Family and
12Medical Leave Insurance Administration Account, shall be
13maintained in the Fund. An amount determined by the Department
14sufficient for proper administration, not to exceed 0.05% of
15additional employer and covered business entity premium
16contributions as defined in this Section, shall be collected
17and credited to the Administration Account. The expenses of
18the Department in administering the Fund and its accounts
19shall be charged against the Administration Account. The costs
20of administration of this Act shall be charged to the
21Administration Account.
22    (d) A separate account, to be known as the Family and
23Medical Leave Benefits Account, shall be maintained in the
24Fund. The account shall be charged with all benefit payments.
25    (e) The Department may adjust rates for the collection of
26premiums pursuant to subsection (b) of this Section. The



SB1234- 29 -LRB103 26030 SPS 52385 b

1Department shall set rates for premiums in a manner that
2minimizes the volatility of the rates assessed and so that at
3the end of the period for which the rates are effective, the
4cash balance shall be an amount approximating 125% of 12
5months of projected expenditures from the Fund, considering
6the functions and duties of the Department under this Act.
7    (f) An employer or covered business entity required to pay
8premium contributions under this Section shall make and file a
9report of amounts due under this Section upon a combined
10report form prescribed by the Department. The report shall be
11filed with the Department at the times and in the manner
12prescribed by the Department.
13    (g) If the employer or covered business entity is a
14temporary employment agency that provides employees or
15individuals who contract for services with a covered business
16entity on a temporary basis to its customers, the temporary
17employment agency is considered a joint employer with its
18customers for purposes of this Act.
19    (h) When an employer or covered business entity goes out
20of business or sells out, exchanges, or otherwise disposes of
21the business or stock of goods, any premiums payable under
22this Section are immediately due and payable, and the employer
23or covered business entity shall, within 10 days thereafter,
24pay the premiums due. A person who becomes a successor to the
25business is liable for the full amount of the premiums and
26shall withhold from the purchase price a sum sufficient to pay



SB1234- 30 -LRB103 26030 SPS 52385 b

1any premiums due from the employer until the employer produces
2a receipt from the Department showing payment in full of any
3premiums due or a certificate that no premium is due. If the
4premiums are not paid by the employer or covered business
5entity within 10 days after the date of the sale, exchange, or
6disposal, the successor is liable for the payment of the full
7amount of the premiums. The successor's payment of the
8premiums are, to the extent of the payment, a payment upon the
9purchase price, and if the payment is greater in amount than
10the purchase price, the amount of the difference is a debt due
11the successor from the employer or covered business entity. A
12successor is not liable for any premiums due from the person
13from whom the successor has acquired a business or stock of
14goods if the successor gives written notice to the Department
15of the acquisition and no assessment is issued by the
16Department within one year after receipt of the notice against
17the former operator of the business.
18    (i) This Section is inoperative before January 1, 2025. At
19that time, the Department shall begin collecting the amounts
20due under this Section.
21    Section 40. Weekly benefit for family and medical leave.
22    (a) An individual's weekly benefit rate shall be
23determined as follows: if the average weekly wage to the
24employee, individual who contracts for services with a covered
25business entity, or domestic worker is (a) 50% or less of the



SB1234- 31 -LRB103 26030 SPS 52385 b

1statewide average weekly wage, the weekly benefit for the
2employee, individual with a contract for services with a
3covered business entity, or domestic worker is 90% of the
4average weekly wage of the employee, individual with a
5contract for services with a covered business entity, or
6domestic worker or (b) greater than 50% of the statewide
7average weekly wage, the weekly benefit for the employee,
8individual with a contract for services with a covered
9business entity, or domestic worker is the sum of: (i) 90% of
10the average weekly wage of the employee, individual with a
11contract for services with a covered business entity, or
12domestic worker up to 50% of the statewide average weekly
13wage; and (ii) 50% of the average weekly wage of the employee,
14individual with a contract for services with a covered
15business entity, or domestic worker that is greater than 50%
16of the statewide average weekly wage. The benefit rate shall
17be computed to the next lower multiple of $1 if not already a
18multiple thereof. The amount of benefits for each day of
19family and medical leave for which benefits are payable shall
20be one-seventh of the corresponding weekly benefit amount;
21provided that the total benefits for a fractional part of a
22week shall be computed to the next lower multiple of $1 if not
23already a multiple thereof.
24    (b) The maximum weekly benefit for family and medical
25leave that occurs on or after January 1, 2024 shall be $1,200.
26By September 30, 2026, and by each subsequent September 30th,



SB1234- 32 -LRB103 26030 SPS 52385 b

1the maximum weekly benefit shall be adjusted to 90% of the
2State average weekly wage. The adjusted maximum weekly benefit
3amount takes effect on the following January 1st.
4    (c) With respect to any period of family and medical leave
5taken by a covered individual, family and medical leave
6insurance benefits not in excess of the covered individual's
7maximum benefits shall be payable with respect to the first
8day of family and medical leave taken and each subsequent day
9of family and medical leave during that period of family and
10medical leave. The maximum total benefits payable to any
11covered individual commencing on or after the effective date
12of this Act shall be 26 times the weekly benefit amount for an
13employee, individual with a contract for services with a
14covered business entity, or domestic worker in the applicable
15benefit year, except for individuals taking leave pursuant to
16paragraph (C) of item (19) of Section 10 for conditions in
17connection with pregnancy, recovery from childbirth, or any
18related condition where the maximum total benefits payable to
19any covered individual shall be 52 times the employee's weekly
20benefit amount in the applicable benefit year, provided that
21the maximum amount shall be computed in the next lower
22multiple of $1 if not already a multiple thereof.
23    (d) The first payment of benefits must be made to a covered
24individual within 14 calendar days after the claim is filed
25and there is sufficient information to approve at least one
26week of benefits; subsequent payments must be made no later



SB1234- 33 -LRB103 26030 SPS 52385 b

1than semi-monthly thereafter.
2    Nothing in this Act shall be construed to prohibit the
3establishment by an employer or a covered business entity,
4without approval by the Department, of a supplementary plan or
5plans providing for the payment to employees, individuals with
6a contract for services with a covered business entity, or
7domestic workers or to any class or classes of employees,
8individuals with a contract for services with a covered
9business entity, or domestic workers, of benefits in addition
10to the benefits provided by this Act. The rights, duties, and
11responsibilities of all interested parties under the
12supplementary plans shall be unaffected by any provision of
13this Act.
14    Section 45. Family and medical leave; duration. A covered
15individual may take up to 26 weeks of family and medical leave
16within any 12-month period for reasons identified in
17paragraphs (A), (B), (C), (D), and (E) of item (19) of Section
1810. However, a covered individual may take up to an additional
1926 weeks of family and medical leave within any 12-month
20period for which the covered individual is eligible for leave
21under paragraph (C) of item (19) of Section 10 taken in
22connection with pregnancy, recovery from childbirth, or
23related conditions. A covered individual may take family and
24medical leave consecutively or on an intermittent schedule in
25which all of the leave authorized under this Act is not taken



SB1234- 34 -LRB103 26030 SPS 52385 b

2    Section 50. Annual reports; contents.
3    (a) The Department shall issue and make available to the
4public, not later than July 1, 2026 and July 1 of each
5subsequent year, annual reports providing data on family and
6medical leave benefits claims including separate data for each
7of the following categories of claims: the employee's,
8individual with a contract for services with a covered
9business entity's, or domestic worker's own serious illness;
10care of newborn children; care of newly adopted and fostered
11children; care of seriously ill family members; because of
12family members on active duty in the Armed Forces; for
13domestic or sexual violence, and for conditions in connection
14with pregnancy, recovering from childbirth, or related
15conditions. The reports shall include, for each category of
16claims, the number of individuals receiving the benefits, the
17amount of benefits paid, the average duration of benefits, and
18the average weekly benefit. The report shall provide data by
19gender, race, ethnicity, income, and any other demographic
20factors determined to be relevant by the Department. The
21reports shall also provide, for all family and medical leave
22benefits, the total costs of benefits and the total cost of
23administration, the portion of benefits for claims during
24family and medical leave, and the total revenues from employer
25or covered business entity premium contributions and



SB1234- 35 -LRB103 26030 SPS 52385 b

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



SB1234- 36 -LRB103 26030 SPS 52385 b

1the Fund.
2    Section 55. Prohibited acts; enforcement.
3    (a) No employer, employment and labor placement agency,
4employment agency, employee organization, covered business
5entity, or other person shall discharge, expel, or otherwise
6retaliate or discriminate against a person because the person
7has requested family and medical leave, attempted to claim
8family and medical leave benefits, taken family and medical
9leave, filed or communicated to the employer or covered
10business entity an intent to file a claim, a complaint, or an
11appeal, or has testified or is about to testify or has assisted
12in any proceeding, under this Act, at any time.
13    (b) Any employer or covered business entity who violates
14subsection (a) shall be liable to the individual employed by
15or contracted for services with such a person who is affected
16by the violation for damages equal to the sum of:
17        (1) the amount of:
18            (A) any wages, salary, employment benefits, or
19        other compensation denied or lost to such individual
20        by reason of the violation; or
21            (B) in a case in which wages, salary, employment
22        benefits, or other compensation have not been denied
23        or lost to the individual, any actual monetary losses
24        sustained by the individual as a direct violation,
25        such as the cost of providing care, up to a sum equal



SB1234- 37 -LRB103 26030 SPS 52385 b

1        to 60 calendar days of wages or salary for the
2        individual; and
3        (2) the interest on the amount described under
4    paragraph (A) of item (1) calculated at the prevailing
5    rate; and
6        (3) an additional amount as liquidated damages equal
7    to the sum of the amount described in item (1) and the
8    interest described in item (2), except if a person who has
9    violated subsection (a) proves to the satisfaction of the
10    court that the act or omission was in good faith and that
11    the person had reasonable grounds for believing that the
12    act or omission was not a violation of subsection (a), the
13    court may, in the discretion of the court, reduce the
14    amount of the liability to the amount and interest
15    determined under paragraph (A) or (B) of item (1),
16    respectively.
17    In addition, a court may order such equitable relief as
18may be appropriate, including employment, reinstatement,
19promotion, and reinstatement of a contract for services.
20    (c) An action to recover the damages or obtain equitable
21relief subsection (a) may be maintained against any person in
22any court on behalf of:
23        (1) the individual; or
24        (2) the individual or other individuals similarly
25    situated.
26    (d) The court in such an action shall, in addition to any



SB1234- 38 -LRB103 26030 SPS 52385 b

1judgment awarded to the covered individual, allow reasonable
2attorney's fees, reasonable expert witness fees, and other
3costs of the action to be paid by the defendant.
4    (e) The right under subsection (c) to bring an action by or
5on behalf of any individual shall terminate:
6        (1) on the filing of a complaint by the Department in
7    an action in which restraint is sought of any further
8    delay in the payment of the amount described in item (1) of
9    subsection (b) to such individual by the person
10    responsible under subsection (a) for the payment; or
11        (2) on the filing of a complaint by the Department in
12    an action under subsection (f) in which a recovery is
13    sought of the damages described in item (1) of subsection
14    (b) owing to an individual by a person liable under
15    subsection (a).
16    (f) Action by the Department.
17        (1) The Department may bring an action in any court to
18    recover the damages described in item (1) of subsection
19    (b).
20        (2) Any sums recovered under item (1) of this
21    subsection shall be held in a special deposit account and
22    shall be paid, on order of the Department, directly to
23    each individual affected. Any such sums not paid to an
24    individual because of inability to do so within a period
25    of 3 years shall be deposited into the Fund.
26        (3) An action may be brought under this subsection not



SB1234- 39 -LRB103 26030 SPS 52385 b

1    later than 3 years after the date of the last event
2    constituting the alleged violation for which the action is
3    brought.
4        (4) An action brought by the Department under this
5    subsection shall be considered to be commenced on the date
6    when the complaint is filed.
7        (5) The Department may bring an action to restrain
8    violations of subsection (a), including the restraint of
9    any withholding of payment of wages, salary, employment
10    benefits, or other compensation, plus interest, found by
11    the court to be due to the individual, or to award such
12    other equitable relief as may be appropriate, including
13    employment, reinstatement, and promotion.
14    (g) A person aggrieved by a decision of the Department
15under this Act may request a hearing. The Department shall
16adopt rules governing hearings and the issuance of final
17orders under this Act in accordance with the Illinois
18Administrative Procedure Act. All final administrative
19decisions of the Department under this Act are subject to
20judicial review under the Administrative Review Law.
21    Section 60. Penalties.
22    (a) A person who makes a false statement or
23representation, knowing it to be false, or knowingly fails to
24disclose a material fact to obtain or increase any family and
25medical leave benefit during a period of family and medical



SB1234- 40 -LRB103 26030 SPS 52385 b

1leave, either for themselves or for any other person, shall be
2liable for a civil penalty of $250 to be paid to the Fund. Each
3such false statement or representation or failure to disclose
4a material fact shall constitute a separate offense. Upon
5refusal to pay such a civil penalty, the civil penalty shall be
6recovered in a civil action by the Attorney General on behalf
7of the Department in the name of the State of Illinois. If, in
8any case in which liability for the payment of a civil penalty
9has been determined, any person who has received any benefits
10under this Act by reason of the making of such false statements
11or representations or failure to disclose a material fact
12shall not be entitled to any benefits under this Act for any
13leave occurring prior to the time he or she has discharged his
14or her liability to pay the civil penalty.
15    (b) A person who willfully violates any provision of this
16Act or any rule adopted under this Act for which a civil
17penalty is neither prescribed by this Act nor provided by any
18other applicable law shall be subject to a civil penalty of
19$500 to be paid to the Fund. Upon the refusal to pay such a
20civil penalty, the civil penalty shall be recovered in a civil
21action by the Attorney General on behalf of the Department in
22the name of the State of Illinois.
23    Section 65. Leave and employment protection.
24    (a) During a period in which an employee, individual who
25contracts for services with a covered business entity, or



SB1234- 41 -LRB103 26030 SPS 52385 b

1domestic worker receives family and medical leave benefits
2under this Act, the employee, individual who contracts for
3services with a covered business entity, or domestic worker is
4entitled to family and medical leave and, at the established
5ending date of leave, to be restored to a position of
6employment or restoration of the contract for services with
7the employer or covered business entity from whom leave was
8taken as provided under subsection (b).
9    (b) Except as provided in subsection (d), an employee,
10individual with a contract for services with a covered
11business entity, or domestic worker who receives family and
12medical leave benefits under this Act for the intended purpose
13of the family and medical leave is entitled, on return from the
15        (1) to be restored by the employer to the position of
16    employment held by the employee, restored by the covered
17    business entity to the contract for services, or restored
18    to the position of employment or the contract for services
19    for domestic workers when the family and medical leave
20    commenced; or
21        (2) to be restored to an equivalent position or
22    contract with equivalent employment benefits, pay, and
23    other terms and conditions of employment or contract at a
24    workplace within the same or a geographically proximate
25    work site (such as one that does not involve a significant
26    increase in commuting time or distance) when the family



SB1234- 42 -LRB103 26030 SPS 52385 b

1    and medical leave commenced.
2    (c) The taking of family and medical leave under this Act
3may not result in the loss of any employment or contract
4benefits accrued before the date on which the family and
5medical leave commenced.
6    (d) Nothing in this Section entitles a restored employee,
7individual who contracts for services with a covered business
8entity, or domestic worker to:
9        (1) the accrual of any seniority or employment
10    benefits during any period of family and medical leave; or
11        (2) any right, benefit, or position of employment
12    other than any right, benefit, or position to which the
13    employee would have been entitled had the employee not
14    taken the family and medical leave.
15    (e) Nothing in this Section prohibits an employer from
16requiring an employee, individual who contracts for services
17with a covered business entity, or domestic worker on family
18and medical leave to report periodically, but no more than
19twice every 4 weeks of leave, to the employer, covered
20business entity on the status and intention of the employee,
21individual with a contract for services, or domestic worker to
22return to work.
23    Section 70. Pregnancy; effect of other State law. No
24individual shall suffer any repercussion under any Illinois
25law, rule, or policy for any decisions the covered individual



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1is authorized to make under this Act regarding leave related
2to pregnancy, recovery from childbirth, or related conditions.
3    Section 75. Notice to employer or covered business entity.
4If the necessity for family and medical leave for any reason
5under item (19) of Section 10 is foreseeable, the employee,
6individual with a contract for services with a covered
7business entity, or domestic worker shall provide the employer
8or covered business entity with not less than 30 days' notice,
9before the date the leave is to begin, of the intention of the
10employee, individual with a contract for services with a
11covered business entity to take leave, except that if the
12expected date requires leave to begin in less than 30 days, the
13employee, individual with a contract for services with a
14covered business entity, or domestic worker shall provide such
15notice as is practical.
16    Section 80. Employment by same employer or covered
17business entity. The right of an employee, individual who
18contracts for services with a covered business entity, or
19domestic worker to leave under this Act shall not be altered or
20abridged by access to leave of any other employee, individual
21who contracts for services with a covered business entity, or
22domestic worker.
23    Section 85. Coordination of leave. Family and medical



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1leave taken under this Act must be taken concurrently with any
2leave taken under the federal Family and Medical Leave Act of
31993, if applicable.
4    Section 90. Notice. Every employer and covered business
5entity covered by this Act shall post and keep posted, in a
6conspicuous place on the premises of the employer or covered
7business entity where notices to employees are customarily
8posted, a notice, to be prepared or approved by the Director of
9Employment Security, summarizing the requirements of this Act
10and information pertaining to the filing of a charge. Every
11employer and covered business entity shall also provide such
12notice to employees, individuals with contracts for services
13with a covered business entity, and domestic workers through
14electronic transmission to the employee, individual with a
15contract for services with the covered business entity, or
16domestic worker. The Director shall furnish copies of
17summaries and rules to the employers and covered business
18entities upon request without charge. Any employer or covered
19business entity that fails to post the required notice or
20transmit such notice may not rely on this Act to claim that the
21employee, individual with a contract for services with a
22covered business entity, or domestic worker failed to inform
23the employer or covered business entity that the employee,
24individual with a contract for services with a covered
25business entity, or domestic worker wanted or was eligible for



SB1234- 45 -LRB103 26030 SPS 52385 b

1leave under this Act.
2    Section 95. Rules. The Department may adopt any rules
3necessary to implement this Act.
4    Section 105. Severability. The provisions of this Act are
5severable under Section 1.31 of the Statute on Statutes.
6    Section 900. The State Finance Act is amended by adding
7Section 5.990 as follows:
8    (30 ILCS 105/5.990 new)
9    Sec. 5.990. The Family and Medical Leave Insurance Fund.
10    Section 999. Effective date. This Act takes effect January
111, 2024.