Full Text of SB2613 99th General Assembly
SB2613enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Child | 5 | | Bereavement Leave Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Child" means an employee's son or daughter who is a | 8 | | biological, adopted, or foster child, a stepchild, a legal | 9 | | ward, or a child of a person standing in loco parentis. | 10 | | "Department" means the Department of Labor. | 11 | | "Employee" means eligible employee, as defined by Section | 12 | | 101(2) of the federal Family and Medical Leave Act of 1993 (29 | 13 | | U.S.C. 2601 et seq.). | 14 | | "Employer" means employer, as defined by Section 101(4) of | 15 | | the federal Family and Medical Leave Act of 1993 (29 U.S.C. | 16 | | 2601 et seq.). | 17 | | Section 10. Bereavement Leave. | 18 | | (a) All employees shall be entitled to use a maximum of 2 | 19 | | weeks (10 work days) of unpaid bereavement leave to: | 20 | | (1) attend the funeral or alternative to a funeral of a | 21 | | child; | 22 | | (2) make arrangements necessitated by the death of the |
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| 1 | | child; or | 2 | | (3) grieve the death of the child.
| 3 | | (b) Bereavement leave under subsection (a) of this Section | 4 | | must be completed within 60 days after the date on which the | 5 | | employee receives notice of the death of the child. | 6 | | (c) An employee shall provide the employer with at least 48 | 7 | | hours' advance notice of the employee's intention to take | 8 | | bereavement leave, unless providing such notice is not | 9 | | reasonable and practicable. | 10 | | (d) An employer may require reasonable documentation. | 11 | | Documentation may include a death certificate, a published | 12 | | obituary, or written verification of death, burial, or memorial | 13 | | services from a mortuary, funeral home, burial society, | 14 | | crematorium, religious institution, or government agency. | 15 | | (e) In the event of the death of more than one child in a | 16 | | 12-month period, an employee is entitled to up to a total of 6 | 17 | | weeks of bereavement leave during the 12-month period. This Act | 18 | | does not
create a right for an employee to take unpaid leave | 19 | | that exceeds the unpaid leave time allowed under, or is in | 20 | | addition to the unpaid leave time permitted by, the federal | 21 | | Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.). | 22 | | Section 15. Existing leave usable for bereavement. An | 23 | | employee who is entitled to take paid or unpaid leave | 24 | | (including family, medical, sick, annual, personal, or similar | 25 | | leave) from employment, pursuant to federal, State, or local |
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| 1 | | law, a collective bargaining agreement, or an employment | 2 | | benefits program or plan may elect to substitute any period of | 3 | | such leave for an equivalent period of leave provided under | 4 | | Section 10. | 5 | | Section 20. Unlawful employer practices. It is unlawful for | 6 | | any employer to take any adverse action against an employee | 7 | | because the employee (1) exercises rights or attempts to | 8 | | exercise rights under this Act, (2) opposes practices which | 9 | | such employee believes to be in violation of this Act, or (3) | 10 | | supports the exercise of rights of another under this Act. | 11 | | Exercising rights under this Act includes filing an action | 12 | | or instituting or causing to be instituted any proceeding under | 13 | | or related to this Act; providing or agreeing to provide any | 14 | | information in connection with any inquiry or proceeding | 15 | | relating to any right provided under this Act; or testifying to | 16 | | or agreeing to testify in any inquiry or proceeding relating to | 17 | | any right provided under this Act. | 18 | | Section 25. Department responsibilities. | 19 | | (a) The Department shall administer and enforce this Act | 20 | | and adopt rules under the Illinois Administrative Procedure Act | 21 | | for the purpose of this Act. The Department shall have the | 22 | | powers and the parties shall have the rights provided in the | 23 | | Illinois Administrative Procedure Act for contested cases. The | 24 | | Department shall have the power to conduct investigations in |
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| 1 | | connection with the administration and enforcement of this Act, | 2 | | including the power to conduct depositions and discovery and to | 3 | | issue subpoenas. If the Department finds cause to believe that | 4 | | this Act has been violated, the Department shall notify the | 5 | | parties in writing and the matter shall be referred to an | 6 | | Administrative Law Judge to schedule a formal hearing in | 7 | | accordance with hearing procedures established by rule. | 8 | | (b) The Department is authorized to impose civil penalties | 9 | | prescribed in Section 30 in administrative proceedings that | 10 | | comply with the Illinois Administrative Procedure Act and to | 11 | | supervise the payment of the unpaid wages and damages owing to | 12 | | the employee or employees under this Act. The Department may | 13 | | bring any legal action necessary to recover the amount of | 14 | | unpaid wages, damages, and penalties, and the employer shall be | 15 | | required to pay the costs. Any sums recovered by the Department | 16 | | on behalf of an employee under this Act shall be paid to the | 17 | | employee or employees affected. However, 20% of any penalty | 18 | | collected from the employer for a violation of this Act shall | 19 | | be deposited into the Child Bereavement Fund, a special fund | 20 | | created in the State treasury, and used for the enforcement of | 21 | | this Act. | 22 | | (c) The Attorney General may bring an action to enforce the | 23 | | collection of any civil penalty imposed under this Act. | 24 | | Section 30. Enforcement. | 25 | | (a) An employee who believes his or her rights under this |
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| 1 | | Act or any rule adopted under this Act have been violated may, | 2 | | within 60 days after the date of the last event constituting | 3 | | the alleged violation for which the action is brought, file a | 4 | | complaint with the Department or file a civil action. | 5 | | (b) An employer that violates any provision of this Act or | 6 | | any rule adopted under this Act is subject to a civil penalty | 7 | | for each employee affected as follows: | 8 | | (1) first offense, a civil penalty not to exceed $500; | 9 | | (2) second or subsequent offense, a civil penalty not | 10 | | to exceed $1,000. | 11 | | (c) A civil action may be brought in the circuit court by | 12 | | an employee to enforce this Act. The circuit court may enjoin | 13 | | any act or practice that violates or may violate this Act and | 14 | | may order any other equitable relief that is necessary and | 15 | | appropriate to redress the violation or to enforce the Act. | 16 | | Section 95. The State Finance Act is amended by adding | 17 | | Section 5.875 as follows: | 18 | | (30 ILCS 105/5.875 new) | 19 | | Sec. 5.875. The Child Bereavement Fund.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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