Illinois General Assembly - Full Text of SB1190
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Full Text of SB1190  98th General Assembly


Sen. Toi W. Hutchinson

Filed: 4/15/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1190 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Illinois Family Care Provider Act.
6    Section 5. Findings and purpose.
7    (a) Findings. The General Assembly finds that:
8        (1) the number of households in Illinois in which
9    working grandparents have primary responsibility for the
10    care of grandchildren is significant; currently, almost
11    100,000 grandparents are responsible for the care of
12    grandchildren living with them, and of these, 68% are under
13    the age of 60;
14        (2) in Illinois, over 230,000 children under the age of
15    18 live in homes with grandparents as the householders;
16        (3) the number of households in which grandchildren



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1    have primary responsibility for the care of grandparents
2    and other family members is significant; in fact,
3    grandchildren comprise 8% of informal caregivers
4    nationally;
5        (4) it is important for the family unit that
6    grandparents and grandchildren be able to participate in
7    the care of family members who have serious health
8    conditions; and
9        (5) the lack of employment policies to accommodate
10    working caregivers, including employees caring for
11    grandchildren or grandparents, can force individuals to
12    choose between job security and caregiving
13    responsibilities.
14    (b) Purpose. It is the purpose of this Act that all
15employers required to comply with the Family and Medical Leave
16Act of 1993, 29 U.S.C. 2601, et seq., shall include
17grandparents and grandchildren as "eligible employees" for
18leave for the birth or adoption of a grandchild in order for a
19grandparent to care for such grandchild; because of the
20placement of a grandchild with the grandparent for adoption or
21foster care; and in order for the grandparent to care for the
22grandchild if such grandchild has a serious health condition or
23the grandchild to care for the grandparent if such grandparent
24has a serious health condition.
25    Section 10. Definitions. In this Act:



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1    "Eligible employee" has the meaning ascribed to that term
2in the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et
4    "Employer" has the meaning ascribed to that term in the
5Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.
6    "Grandparent" means a biological, adopted, or step
7grandparent of an employee.
8    "Grandchild" means a biological, adopted, or step
9grandchild of an employee.
10    "Serious health condition" has the meaning ascribed to that
11term in the Family and Medical Leave Act of 1993, 29 U.S.C.
122601 et seq.
13    Section 15. Family leave requirement.
14    (a) Subject to the conditions set forth in this Section, an
15employee is entitled to receive and an employer shall provide
16up to 12 weeks of unpaid family medical leave to an employee
17during any 12-month period for one or more of the following:
18the birth or adoption of a grandchild in order for the employee
19to care for such grandchild; the placement of a grandchild with
20the employee for adoption or foster care; or the employee to
21care for a grandchild if such grandchild has a serious health
22condition or the employee to care for a grandparent if the
23grandparent has a serious health condition.
24    (b) An employee is not entitled to receive and an employer
25is not required to provide more than 12 weeks of unpaid family



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1medical leave in any 12-month period under this Act. For
2purposes of this Act, unpaid family medical leave granted
3pursuant to any other law shall be deemed to be unpaid family
4medical leave granted under this Act.
5    Section 20. Notification. An employee must comply with the
6employer's usual and customary procedural requirements for
7giving notice of a request for leave, provided that those
8notice requirements are consistent with the Family and Medical
9Leave Act of 1993, 29 U.S.C. 2601 et seq.
10    Section 25. Certification. An employer may require that an
11employee's leave to care for a grandchild or grandparent, with
12a serious health condition, be supported by a certification
13issued by the health care provider of the employee's grandchild
14or grandparent. Certification under this Section shall comply
15with the certification content and requirements provided in 29
16C.F.R. 825.305 et seq.
17    Section 30. Enforcement. A civil action may be brought in
18the circuit court having jurisdiction by an employee to enforce
19this Act. The circuit court may enjoin any act or practice that
20violates or may violate this Act and may order any other
21equitable relief that is necessary and appropriate to redress
22the violation or to enforce this Act.



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1    Section 35. Refusal to pay damages. Any employer who has
2been ordered by the court to pay damages under this Act is
3liable for:
4    (1) damages equal to the amount of wages, salary,
5employment benefits, public assistance, or other compensation
6denied or lost to such individual by reason of the violation
7and the interest on that amount calculated at the prevailing
9    (2) such equitable relief as may be appropriate, including
10employment reinstatement and promotion; and
11    (3) reasonable attorney's fees, reasonable expert witness
12fees, and other costs of the action to be paid by the
13respondent to the prevailing employee.
14    Section 40. Interpretation. Except as otherwise provided
15in this Act, all general requirements for leave, employment,
16benefits, and other provisions shall be interpreted in a manner
17consistent with the Family and Medical Leave Act of 1993, 29
18U.S.C. 2601 et seq.
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".