Full Text of HB1683 95th General Assembly
HB1683 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1683
Introduced 2/22/2007, by Rep. Julie Hamos - Barbara Flynn Currie SYNOPSIS AS INTRODUCED: |
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Creates the Family Leave Insurance Program Act. Establishes a Family Leave Insurance Program, administered by the Department of Employment Security, to provide paid leave to an employee who is unavailable to work: because the employee has to care for a newborn child or a newly-placed adopted or foster child; because the employee has to care for a family member (a child, spouse, parent, or parent-in-law of the employee or a person with whom the employee has resided in the same household for 6 months or longer) who has a serious health condition; or because of the employee's own serious health condition. Contains provisions regarding: applications and qualifications for benefits, certification by a healthcare provider of the need for leave; confidentiality; notices of intention to take leave; disqualification from benefits; duration of benefits; determination of benefit amounts; deductions from benefits; relationship of the Program to other benefits, programs, and contracts; rights of employees; opting out of participation in the Program; elective coverage under the Program; recordkeeping; successor employers; creation of a FLIP Account in the custody of the State Treasurer; payments by employers and employees; limits on expenditures; adoption of rules; taxation of benefits; discrimination; required postings regarding the Act and information pertaining to the filing of a charge; severability; and other matters. Effective January 1, 2008.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB1683 |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Family | 5 |
| Leave Insurance Program Act. | 6 |
| Section 5. Findings and purpose.
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| (A) Findings. The General Assembly finds: | 8 |
| (1) Although family leave laws have helped employees to | 9 |
| balance the demands of the workplace with their family | 10 |
| responsibilities, more needs to be done to achieve the | 11 |
| goals of workforce stability and economic security. | 12 |
| (2) Many employees do not have access to family and | 13 |
| medical leave, and those who do may not be in a financial | 14 |
| position to take leave that is unpaid. Those who are | 15 |
| compelled to take leave in spite of financial inability to | 16 |
| do so often fall into debt from which it is hard to | 17 |
| recover. | 18 |
| (3) Most families no longer have one person who is the | 19 |
| full-time caregiver and one who is the full-time | 20 |
| breadwinner.
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| (4) The majority of mothers with school-age children | 22 |
| are in the workforce. | 23 |
| (5) It is important for a child's development that |
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| mothers and fathers be able to participate in early | 2 |
| child-rearing. | 3 |
| (6) The average weekly hours of family caregiving for | 4 |
| adults amounts to a part-time job. | 5 |
| (7) Employer-paid benefits meet only a small part of | 6 |
| this need. Benefits are often given to some workers but not | 7 |
| all.
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| (8) The working population in Illinois contains a high | 9 |
| number of "baby boom" workers approaching retirement age, | 10 |
| who are increasingly called upon to care for their own | 11 |
| parents, an impaired spouse, or a grandchild. Older workers | 12 |
| need time off to care for themselves or rely on care from | 13 |
| younger relatives who are in the workforce. The | 14 |
| establishment of paid family and medical leave benefits | 15 |
| will ease workplace demands and reduce the impact on State | 16 |
| income-support programs by increasing the ability of | 17 |
| workers to recover from illness or provide caregiving | 18 |
| services for family members while maintaining employment. | 19 |
| (9) Employers will benefit from the establishment of a | 20 |
| family leave insurance program because of higher retention | 21 |
| rates and lower costs in turnover and retraining when | 22 |
| employees are able to take a leave and return to the job. | 23 |
| (10) Employers who could otherwise not afford to offer | 24 |
| paid leave will benefit from a paid leave program that does | 25 |
| not require them to fund the full costs. | 26 |
| (B) Purpose. This Act is enacted to establish a Family |
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| Leave Insurance Program to provide limited income support for a | 2 |
| reasonable period while an employee is away from work on family | 3 |
| leave, a policy which protects the health and safety of | 4 |
| Illinois residents and strengthens the Illinois economy. | 5 |
| Section 10. Family Leave Insurance Program.
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| (A) Definitions. As used this Act: | 7 |
| "Application year" means the 12-month period beginning | 8 |
| on the first day of the calendar week in which an employee | 9 |
| files an application for FLIP benefits and, thereafter, the | 10 |
| 12-month period beginning with the first day of the | 11 |
| calendar week in which the employee files a subsequent | 12 |
| application for FLIP benefits after the expiration of the | 13 |
| employee's last preceding application year. | 14 |
| "Child" means a person who is a biological, adopted, or | 15 |
| foster child, a stepchild, a legal ward, or a child of a | 16 |
| person standing in loco parentis, and who is (i) under 18 | 17 |
| years of age or
(ii) 18 years of age or older and incapable | 18 |
| of self-care because of a mental or physical disability. | 19 |
| "Department" means the Department of Employment | 20 |
| Security. | 21 |
| "Employer" means one who employs one or more employees, | 22 |
| including this State and its political subdivisions. | 23 |
| "FLIP leave" means leave taken by an employee who is | 24 |
| unavailable to work: because the employee has to care for a | 25 |
| newborn child, or a newly-placed adopted or foster child |
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| (and leave is completed within 12 months after the birth or | 2 |
| the placement of the child for foster care or adoption); | 3 |
| because the employee has to care for a family member who | 4 |
| has a serious health condition; or because of the | 5 |
| employee's own serious health condition. | 6 |
| "Family member" means a child, spouse, parent, or | 7 |
| parent-in-law of the employee, or a person with whom the | 8 |
| employee has resided in the same household for 6 months or | 9 |
| longer. | 10 |
| "FLIP" means the Family Leave Insurance Program. | 11 |
| "Healthcare provider" means: (A) a person who directly | 12 |
| treats or
supervises the treatment of the serious health | 13 |
| condition and: (i) is licensed to practice medicine in all | 14 |
| of its
branches in Illinois and possesses the degree of | 15 |
| doctor of
medicine; (ii)
is licensed to practice medicine | 16 |
| in Illinois and possesses the degree of
doctor of | 17 |
| osteopathy or osteopathic medicine; or (iii) is licensed to | 18 |
| practice medicine in all of its
branches or as an | 19 |
| osteopathic physician in another state or jurisdiction; or
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| (B) any other person determined by the United States | 21 |
| Secretary of
Labor to be capable of providing healthcare | 22 |
| services under the federal Family and Medical Leave Act. | 23 |
| "Parent" means a biological or adoptive parent, a | 24 |
| stepparent, or a person who stands in loco parentis to an | 25 |
| employee or an employee's spouse. | 26 |
| "Premium" means the money payments required by this Act |
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| to be made to the Department for the FLIP Account. | 2 |
| "Qualifying year" means the first 4 of the last 5 | 3 |
| completed calendar quarters or the last 4 completed | 4 |
| calendar quarters immediately preceding the first day of | 5 |
| the employee's application year. | 6 |
| "Serious health condition" means an illness, injury, | 7 |
| impairment, or physical or mental condition that involves | 8 |
| inpatient care in a hospital, hospice, or residential | 9 |
| medical care facility, or continuing treatment by a | 10 |
| healthcare provider. | 11 |
| (B) Applying for FLIP leave benefits. | 12 |
| (1) The Department shall establish and administer a | 13 |
| FLIP Account, and establish procedures and forms for filing | 14 |
| benefit claims. The Department shall notify the employer | 15 |
| within 2 business days of a claim being filed. | 16 |
| (2) The Department may require that a claim for | 17 |
| benefits under this Act be supported by a certification | 18 |
| issued by a healthcare provider who is providing care to | 19 |
| the employee or the employee's family member, as | 20 |
| applicable. | 21 |
| (3) Information contained in the files and records | 22 |
| pertaining to an employee under this Act are confidential | 23 |
| and not open to public inspection, other than to public | 24 |
| employees in the performance of their official duties. | 25 |
| However, the employee or an authorized representative of an | 26 |
| employee may review the records or receive specific |
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| information from the records on the presentation of the | 2 |
| signed authorization of the employee. An employer or the | 3 |
| employer's duly authorized representative may review the | 4 |
| records of an employee in connection with a pending claim. | 5 |
| At the Department's discretion, other persons may review | 6 |
| records when those persons are rendering assistance to the | 7 |
| Department at any stage of the proceedings on any matter | 8 |
| pertaining to the administration of this Act. | 9 |
| (C) Qualifying for FLIP leave benefits. FLIP leave benefits | 10 |
| are payable to an employee during a period in which the | 11 |
| employee is on FLIP leave if the employee: | 12 |
| (1) Files a claim for benefits as required by rules | 13 |
| adopted by the Department. | 14 |
| (2) Has earned at least $1,600 and worked at least 6 | 15 |
| months during the employee's qualifying year for the | 16 |
| employer from whom the employee is on FLIP leave. | 17 |
| (3) Documents that he or she has provided the employer | 18 |
| from whom FLIP leave is to be taken with written notice of | 19 |
| his or her intention to take FLIP leave as follows: | 20 |
| (a) If the necessity for FLIP leave was foreseeable | 21 |
| based on an expected birth, placement, or treatment, | 22 |
| notice was given at least 30 days before FLIP leave was | 23 |
| to begin, stating the anticipated starting date and | 24 |
| ending date of the leave. | 25 |
| (b) If the date of birth, placement, or treatment | 26 |
| requiring FLIP leave will begin in less than 30 days, |
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| as much notice as practicable was given. | 2 |
| (c) In the case of medical treatment, the employee | 3 |
| made reasonable efforts to schedule the treatment so as | 4 |
| not to unduly disrupt the operations of the employer, | 5 |
| subject to the approval of the healthcare provider. | 6 |
| (d) An employer may require that a request for FLIP | 7 |
| leave be supported by certification issued by a | 8 |
| healthcare provider of the employee or of the family | 9 |
| member for whom the employee is caring. If the employer | 10 |
| has reason to doubt the validity of the certification, | 11 |
| the employer may require, at the expense of the | 12 |
| employer, that the employee obtain the opinion of a | 13 |
| second healthcare provider approved by the employer. | 14 |
| However, the healthcare provider approved by the | 15 |
| employer may not be employed on a regular basis by the | 16 |
| employer. If the second opinion differs from the first | 17 |
| opinion, the employer may require, at the expense of | 18 |
| the employer, that the employee obtain the opinion of a | 19 |
| third healthcare provider approved jointly by the | 20 |
| employer and the employee. The opinion of the third | 21 |
| healthcare provider shall be considered to be final and | 22 |
| binding on the employer and employee. | 23 |
| (4) Discloses whether or not she or he owes child | 24 |
| support obligations. | 25 |
| (D) Disqualification from benefits. | 26 |
| (1) An employee is disqualified from FLIP benefits |
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| beginning with the first day of the calendar week, and | 2 |
| continuing for the next 52 consecutive weeks, if the | 3 |
| employee: | 4 |
| (a) willfully made a false statement or | 5 |
| misrepresentation regarding a material fact, or | 6 |
| willfully failed to report a material fact, to obtain | 7 |
| benefits under this Act; or
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| (b) seeks benefits based on a willful and | 9 |
| intentional self-inflicted serious health condition or | 10 |
| a serious health condition resulting from the | 11 |
| employee's perpetration of a felony. | 12 |
| (2) An employee is not disqualified for benefits for | 13 |
| any week during which there is a strike or lockout at the | 14 |
| factory, establishment, or other premises at which the | 15 |
| employee is or was last employed. | 16 |
| (E) Duration and amount of benefits. | 17 |
| (1) In an application year, FLIP benefits are payable | 18 |
| for a maximum of 4 weeks. | 19 |
| (2) Payments must be made within 2 weeks of an employee | 20 |
| commencing FLIP leave. | 21 |
| (3) FLIP benefits shall be paid as follows: | 22 |
| (a) Benefits shall be 67% of weekly wages up to a | 23 |
| maximum of $380 per week for an employee who at the | 24 |
| time FLIP leave began was regularly working 35 hours or | 25 |
| more per week or a pro-rated amount based on the weekly | 26 |
| hours regularly worked for an employee regularly |
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| working less than 35 hours per week. | 2 |
| (b) The Department annually shall calculate to the | 3 |
| nearest dollar an adjusted maximum benefit to account | 4 |
| for inflation using the consumer price index for urban | 5 |
| wage earners and clerical workers (CPI-W) or a | 6 |
| successor index. | 7 |
| (c) If an employee disclosed that he or she owes | 8 |
| child support obligations and the Department | 9 |
| determines that the employee is eligible for benefits, | 10 |
| the Department shall notify the applicable State or | 11 |
| local child support enforcement agency and deduct and | 12 |
| withhold from benefits the amount of child support | 13 |
| owed, as appropriate. | 14 |
| (d) If an employee elects to have federal income | 15 |
| tax deducted and withheld from benefits, the | 16 |
| Department shall deduct and withhold the amount | 17 |
| specified in the federal Internal Revenue Code. | 18 |
| (4) If FLIP benefits are paid erroneously or as a | 19 |
| result of fraud, or if a claim for benefits is rejected | 20 |
| after benefits are paid, the Department shall seek | 21 |
| repayment of benefits from the recipient.
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| (5) If an employee dies while on FLIP leave before | 23 |
| receiving payment of benefits, the payment shall be made by | 24 |
| the Department to the surviving spouse or the child or | 25 |
| children if there is no surviving spouse. If there is no | 26 |
| surviving spouse and no child or children, the payment |
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| shall be made and distributed consistent with the terms of | 2 |
| the decedent's will or, if the decedent dies intestate, | 3 |
| consistent with the terms of Illinois intestate succession | 4 |
| law. | 5 |
| (F) Existing benefits not diminished. | 6 |
| (1) Nothing in this Act may be construed to limit an | 7 |
| employee's right to leave from employment under other laws | 8 |
| or employer policy. | 9 |
| (2) If an employer provides paid time off or an | 10 |
| employee is covered by disability insurance, the employee | 11 |
| may elect whether first to use the paid time off or to | 12 |
| receive temporary disability benefits. An employee may not | 13 |
| be required to use his or her paid time off or disability | 14 |
| insurance to which he or she is entitled before receiving | 15 |
| benefits under this Act. | 16 |
| (3) An employer may require that FLIP leave for which | 17 |
| an employee is receiving or received benefits under this | 18 |
| Act be taken concurrently with leave under the federal | 19 |
| Family and Medical Leave Act or other applicable federal, | 20 |
| State, or local law, except that: | 21 |
| (a) FLIP leave during which the employee is | 22 |
| receiving or received benefits under this Act is in | 23 |
| addition to leave from employment during which | 24 |
| benefits are paid or are payable under workers' | 25 |
| compensation law and that is designated as leave under | 26 |
| the federal Family and Medical Leave Act. |
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| (b) If an employer requires that FLIP leave for | 2 |
| which an employee is receiving or received benefits | 3 |
| under this Act be taken concurrently with leave under | 4 |
| the federal Family and Medical Leave Act or other | 5 |
| applicable federal, State, or local law, the employer | 6 |
| must give all employees written notice of the | 7 |
| requirement. | 8 |
| (4) Benefits under this Act are supplementary to a | 9 |
| federal, State, or local law establishing similar | 10 |
| entitlement benefits, and if a federal, State, or local law | 11 |
| applying to the employee establishes a more favorable right | 12 |
| to return to his or her position than is established under | 13 |
| this Section, the application of that federal, State, or | 14 |
| local law is not affected by this Section. | 15 |
| (5) An employee who has received benefits under this | 16 |
| Act does not lose any employment benefit, including | 17 |
| seniority or pension rights accrued before the date that | 18 |
| FLIP leave commenced. However, this Act does not entitle an | 19 |
| employee to accrue employment benefits during a period of | 20 |
| FLIP leave or to a right, benefit, or position of | 21 |
| employment other than a right, benefit, or position to | 22 |
| which the employee would have been entitled had the | 23 |
| employee not taken FLIP leave. | 24 |
| (6) This Act may not be construed to diminish an | 25 |
| employer's obligation to comply with a collective | 26 |
| bargaining agreement or an employment benefit program or a |
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| plan that provides greater benefits to employees than FLIP | 2 |
| benefits provided under this Act. | 3 |
| (7) An agreement by an employee to waive his or her | 4 |
| rights under this Act is void as against public policy. The | 5 |
| benefits provided to employees under this Act may not be | 6 |
| diminished by a collective bargaining agreement or an | 7 |
| employment benefit program or plan entered into or renewed | 8 |
| after the effective date of this Act. | 9 |
| (G) Election of coverage. | 10 |
| (1) An employer may opt out of participation in FLIP | 11 |
| under this Act if: | 12 |
| (a) the employer is participating in a private plan | 13 |
| that meets or exceeds all benefits under FLIP; or | 14 |
| (b) the employer provides its own coverage that | 15 |
| meets or exceeds all benefits under FLIP. | 16 |
| (2) An employer of employees not covered by this Act or | 17 |
| a self-employed person may elect coverage under FLIP under | 18 |
| this Act for an initial period of not less than 3 years or | 19 |
| a subsequent period of not less than one year immediately | 20 |
| following another period of coverage. The employer or | 21 |
| self-employed person must file a notice of election in | 22 |
| writing with the Department. The election becomes | 23 |
| effective on the date of filing the notice. The Department | 24 |
| shall establish a payment amount for participation in FLIP | 25 |
| for self-employed people that is higher than for other | 26 |
| employers, to reflect that the self-employed person is both |
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| employer and employee for purposes of this Act. | 2 |
| (3) An employer or self-employed person who has elected | 3 |
| coverage may withdraw from coverage within 30 days after | 4 |
| the end of the three-year period of coverage, or at such | 5 |
| other times as the Department may prescribe by rule, by | 6 |
| filing written notice with the Department. The withdrawal | 7 |
| shall take effect not sooner than 30 days after the filing | 8 |
| of the notice. | 9 |
| (4) The Department may cancel elective coverage if the | 10 |
| employer or self-employed person fails to provide required | 11 |
| payments or reports. The Department may collect due and | 12 |
| unpaid premiums and may levy an additional premium for the | 13 |
| remainder of the period of coverage. The cancellation shall | 14 |
| be effective no later than 30 days from the date of the | 15 |
| notice in writing advising the employer or self-employed | 16 |
| person of the cancellation. | 17 |
| (H) Records and reports. | 18 |
| (1) The Department shall specify the forms and times | 19 |
| for employers to provide reports, furnish information, and | 20 |
| remit premiums. If the employer is a temporary services | 21 |
| agency that provides employees on a temporary basis to its | 22 |
| customers, the temporary services agency is considered the | 23 |
| employer for purposes of this Section. However, if the | 24 |
| temporary services agency fails to remit the required | 25 |
| premiums, the customer to whom the employees were provided | 26 |
| is liable for paying the premiums. |
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| (2) An employer must keep at its place of business a | 2 |
| record of employment from which the information needed by | 3 |
| the Department for purposes of this Act may be obtained. | 4 |
| This record shall at all times be open to the inspection of | 5 |
| the Department pursuant to rules promulgated by the | 6 |
| Department. | 7 |
| (3) Information obtained from employer records under | 8 |
| this Act are confidential and not open to public | 9 |
| inspection, other than to public employees in the | 10 |
| performance of their official duties. However, an | 11 |
| interested party shall be supplied with information from | 12 |
| employer records to the extent necessary for the proper | 13 |
| presentation of the case in question. An employer may | 14 |
| authorize inspection of its records by written consent. | 15 |
| (I) Disposal of business. | 16 |
| (1) When an employer quits business, or sells out, | 17 |
| exchanges, or otherwise disposes of the business or stock | 18 |
| of goods, any premium payable under this Act is immediately | 19 |
| due and payable, and the employer must, within 10 days | 20 |
| thereafter, make a return and pay the premium due. Any | 21 |
| person who becomes a successor to the business is liable | 22 |
| for the full amount of the premium and must withhold from | 23 |
| the purchase price a sum sufficient to pay any premium due | 24 |
| from the employer until the employer produces a receipt | 25 |
| from the Department showing payment in full of any premium | 26 |
| due or a certificate that no premium is due and, if the |
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| premium is not paid by the employer within 10 days from the | 2 |
| date of the sale, exchange, or disposal, the successor is | 3 |
| liable for the payment of the full amount of premium. The | 4 |
| successor's payment thereof is, to the extent thereof, a | 5 |
| payment upon the purchase price, and if the payment is | 6 |
| greater in amount than the purchase price, the amount of | 7 |
| the difference is a debt due the successor from the | 8 |
| employer. | 9 |
| (2) A successor is not liable for any premium due from | 10 |
| the person from whom the successor has acquired a business | 11 |
| or stock of goods if the successor gives written notice to | 12 |
| the Department of the acquisition and no assessment is | 13 |
| issued by the Department within 180 days of receipt of the | 14 |
| notice against the former operator of the business and a | 15 |
| copy is mailed to the successor. | 16 |
| (J) FLIP Account. | 17 |
| (1) The FLIP Account is created in the custody of the | 18 |
| State Treasurer. All receipts from the premium or penalties | 19 |
| imposed under this Act must be deposited in the account. | 20 |
| Expenditures from the account may be used only for the | 21 |
| purposes of the FLIP Program. | 22 |
| (2) Each employer shall retain from the earnings of | 23 |
| each full-time employee a premium in the amount of 75 cents | 24 |
| per week or, for part-time employees, an amount pro-rated | 25 |
| based on the number of actual hours worked. The employer | 26 |
| shall match the amount retained by an equal amount, and the |
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| money retained shall be paid to the Department in the | 2 |
| manner and at such intervals as the Department directs for | 3 |
| deposit in the FLIP Account. | 4 |
| (3) The Department shall adjust the amount of the | 5 |
| premium from time to time to ensure that the amount is the | 6 |
| lowest rate necessary to pay FLIP benefits and | 7 |
| administrative costs, and maintain actuarial solvency in | 8 |
| accordance with recognized insurance principles. | 9 |
| (4) The Department may adopt rules to permit an | 10 |
| employee with multiple employers and his or her employers | 11 |
| to petition for refunds or credits of amounts paid to the | 12 |
| Department for hours in excess of 35 hours per week worked | 13 |
| by the employee. | 14 |
| (K) Taxation of FLIP benefits. The Department must advise | 15 |
| an employee filing a new claim for FLIP benefits, at the time | 16 |
| of filing the claim, that: | 17 |
| (1) Benefits are subject to federal income tax and | 18 |
| State income tax. | 19 |
| (2) Requirements exist pertaining to estimated tax | 20 |
| payments. | 21 |
| (3) The employee may elect to have federal income tax | 22 |
| deducted and withheld from the employee's payment of | 23 |
| benefits at the amount specified in the Internal Revenue | 24 |
| Code. | 25 |
| (4) The employee is permitted to change a previously | 26 |
| elected withholding status. |
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| (L) No discrimination against claimants. An employer, | 2 |
| temporary services agency, employment agency, employee | 3 |
| organization, or other person may not discharge, expel, or | 4 |
| otherwise discriminate or retaliate against a person because he | 5 |
| or she has filed or communicated to the employer an intent to | 6 |
| file a claim, a complaint, or an appeal, has taken FLIP leave, | 7 |
| or has testified or is about to testify or has assisted in any | 8 |
| proceeding under this Act. | 9 |
| (M) Liability. Any employer who violates this Act is liable | 10 |
| to any affected individuals for damages with interest and for | 11 |
| such equitable relief as may be appropriate. The court in such | 12 |
| an action shall, in addition to any judgment awarded to the | 13 |
| plaintiff, allow a reasonable attorney's fee and other costs of | 14 |
| the action to be paid by the defendant. An action may be | 15 |
| brought under this Section not later than 3 years after the | 16 |
| date of the last event constituting the alleged violation for | 17 |
| which the action is brought. | 18 |
| (N) No entitlement. | 19 |
| (1) FLIP leave benefits are payable under this Act only | 20 |
| to the extent that moneys are available in the FLIP Account | 21 |
| for this purpose. Neither this State nor the Department is | 22 |
| liable for any amount in excess of these limits. | 23 |
| (2) This Act does not create a continuing entitlement | 24 |
| or contractual right. There is no vested private right of | 25 |
| any kind against amendment or repeal of this Act. | 26 |
| (O) Notification. |
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| (1) Every employer covered by this Act shall post and | 2 |
| keep posted, in conspicuous places on the premises of the | 3 |
| employer where notices to employers are customarily | 4 |
| posted, a notice, to be prepared or approved by the | 5 |
| Department, summarizing the requirements of this Act and | 6 |
| information pertaining to the filing of a charge. | 7 |
| (2) If a FLIP-covered employer has any written guidance | 8 |
| to employees concerning employee benefits or leave rights, | 9 |
| such as in an employee handbook, information concerning | 10 |
| FLIP entitlements and employee obligations under FLIP must | 11 |
| be included in the handbook or other document. | 12 |
| (3) An employer that willfully violates the | 13 |
| requirements in paragraph (1) or (2) of this subsection (N) | 14 |
| may be assessed a civil money penalty by the Department not | 15 |
| to exceed $1,000 for each separate offense. Furthermore, an | 16 |
| employer that fails to notify according to paragraph (1) or | 17 |
| (2) of this subsection (N) may not take any adverse action | 18 |
| against an employee, including denying FLIP leave, for | 19 |
| failing to furnish the employer with advance notice of a | 20 |
| need to take FLIP leave. | 21 |
| (4) If an employer's workforce is comprised of a | 22 |
| significant portion of workers who are not literate in | 23 |
| English, the employer is responsible for providing the | 24 |
| notice in a language in which the employees are literate. | 25 |
| (P) Outreach and education efforts. The Department shall | 26 |
| conduct ongoing outreach and education efforts concerning this |
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HB1683 |
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LRB095 08267 RLC 28439 b |
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| 1 |
| Act targeted toward employers, labor organizations, and other | 2 |
| appropriate organizations. | 3 |
| (Q) Rules. The Department may adopt rules as necessary to | 4 |
| implement this Act. In adopting rules, the Department shall | 5 |
| maintain consistency with the rules adopted to implement the | 6 |
| federal Family and Medical Leave Act, to the extent those rules | 7 |
| are not in conflict with this Act.
| 8 |
| Section 95. Severability.
The provisions of this Act are | 9 |
| severable, and if any phrase, clause, sentence, or provision is | 10 |
| declared to be invalid or is preempted by federal law or | 11 |
| regulation, the validity of the remainder of this Act is not | 12 |
| affected.
| 13 |
| Section 99. Effective date. This Act takes effect January | 14 |
| 1, 2008.
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