Full Text of HB2376 100th General Assembly
HB2376eng 100TH 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 Family | 5 | | Leave Insurance Act. | 6 | | Section 5. Declaration of policy and intent. | 7 | | (a) Many employees do not have access to family and medical | 8 | | leave programs, and those who do may not be in a financial | 9 | | position to take family or medical leave that is unpaid, and | 10 | | employer-paid benefits meet only a relatively small part of | 11 | | this need. It is the public policy of this State to protect
| 12 | | working families against the economic hardship caused by the
| 13 | | need to take time off from work to care for themselves or | 14 | | family members who
are suffering from a serious illness or to | 15 | | care for a newborn or a newly adopted child. | 16 | | Moreover, many women are single mothers or the primary | 17 | | breadwinners for their families. If any of these women take an | 18 | | unpaid maternity leave, her whole family, and Illinois, | 19 | | suffers. | 20 | | The United States is the only industrialized nation in the | 21 | | world that does not have a mandatory workplace-based program | 22 | | for such income support. | 23 | | It is therefore desirable and necessary to develop systems |
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| 1 | | that help families adapt to the competing interests of work and | 2 | | home which not only benefit workers, but also benefit employers | 3 | | by reducing employee turnover and increasing worker | 4 | | productivity. | 5 | | (b) It is the intent of the General Assembly to create a | 6 | | family leave program to relieve the serious menace to health, | 7 | | morals, and welfare of Illinois families, to increase workplace | 8 | | productivity, and to alleviate the enormous and growing stress | 9 | | on working families of balancing the demands of work and family | 10 | | needs. | 11 | | Section 10. Definitions. In this Act: | 12 | | (1)(A) "Average weekly wage" means the amount derived by | 13 | | dividing a covered employee's total wages earned from the | 14 | | employee's most recent covered employer during the base weeks | 15 | | in the 8 calendar weeks immediately preceding the calendar week | 16 | | in which a period of family leave commenced by the number of | 17 | | such base weeks. | 18 | | (B) If the computation in paragraph (A) yields a result | 19 | | that is less than the employee's average weekly earnings in | 20 | | employment with all covered employers during the base weeks in | 21 | | such 8 calendar weeks, then the average weekly wage shall be | 22 | | computed on the basis of earnings from all covered employers | 23 | | during the base weeks in the 8 calendar weeks immediately | 24 | | preceding the week in which the period of family leave | 25 | | commences. |
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| 1 | | (C) For periods of family leave, if the computations in | 2 | | paragraphs (A) and (B) both yield a result which is less than | 3 | | the employee's average weekly earnings in employment with all | 4 | | covered employers during the base weeks in the 26 calendar | 5 | | weeks immediately preceding the week in which the period of | 6 | | family leave commenced, then the average weekly wage shall, | 7 | | upon a written request to the Department by the employee on a | 8 | | form provided by the Department, be computed by the Department | 9 | | on the basis of earnings from all covered employers of the | 10 | | employee during the base weeks in those 26 calendar weeks. | 11 | | (2) "Base hours" means the hours of work for which an | 12 | | employee receives compensation. "Base hours" includes overtime | 13 | | hours for which the employee is paid additional or overtime | 14 | | compensation and hours for which the employee receives workers' | 15 | | compensation benefits. "Base hours" also includes hours an | 16 | | employee would have worked except for having been in military | 17 | | service. At the option of the employer, "base hours" may | 18 | | include hours for which the employee receives other types of | 19 | | compensation, such as administrative, personal leave, vacation | 20 | | or sick leave. | 21 | | (3) "Care" includes, but is not limited to, physical care, | 22 | | emotional support, visitation, arranging for a change in care, | 23 | | assistance with essential daily living matters, and personal | 24 | | attendant services. | 25 | | (4) "Child" means a biological, adopted, or foster child, | 26 | | stepchild, or legal ward of an eligible employee, child of a |
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| 1 | | spouse of the eligible employee, or child of a civil union | 2 | | partner of the eligible employee, who is less than 19 years of | 3 | | age or is 19 years of age or older, but incapable of self-care | 4 | | because of a mental or physical impairment. | 5 | | (5) "Civil union" means a civil union as defined in the | 6 | | Illinois Religious Freedom Protection and Civil Union Act.
| 7 | | (6) "Consecutive leave" means leave that is taken without | 8 | | interruption based upon an employee's regular work schedule and | 9 | | does not include breaks in employment in which an employee is | 10 | | not regularly scheduled to work. For example, when an employee | 11 | | is normally scheduled to work from September through June and | 12 | | is not scheduled to work during July and August, a leave taken | 13 | | continuously during May, June, and September shall be | 14 | | considered a consecutive leave. | 15 | | (7) "Department" means the Department of Employment | 16 | | Security.
| 17 | | (8) "Director" means the Director of Employment Security | 18 | | and any transaction or exercise of authority by the Director | 19 | | shall be deemed to be performed by the Department.
| 20 | | (9) "Eligible employee" means an employee employed by the | 21 | | same employer, as defined in paragraph (10), in the State of | 22 | | Illinois for 12 months or more who has worked 1,200 or more | 23 | | base hours during the preceding 12-month period. An employee is | 24 | | considered to be employed in the State of Illinois if: | 25 | | (A) the employee works in Illinois; or | 26 | | (B) the employee routinely performs some work in |
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| 1 | | Illinois and the employee's base of operations or the place | 2 | | from which the work is directed and controlled is in | 3 | | Illinois. | 4 | | (10) "Employer" means any partnership, association, trust, | 5 | | estate, joint-stock company, insurance company, or | 6 | | corporation, whether domestic or foreign, or the receiver, | 7 | | trustee in bankruptcy, trustee, or person that has in its | 8 | | employ one or more employees performing services for it within | 9 | | this State. "Employer" also includes any employer subject to | 10 | | the Unemployment Insurance Act, except the State, its political | 11 | | subdivisions, and any instrumentality of the State. All | 12 | | employees performing services within this State for any | 13 | | employing unit that maintains 2 or more separate establishments | 14 | | within this State shall be deemed to be employed by a single | 15 | | employing unit for all purposes of this Act. | 16 | | (11) "Family member" means an eligible employee's child, | 17 | | spouse, party to a civil union, parent, or any other individual | 18 | | related by blood or whose close relationship with the employee | 19 | | is the equivalent of a family relationship. | 20 | | (12) "Family leave" means leave taken by an eligible | 21 | | employee from work with an employer: (A) to participate in the | 22 | | providing of care, including physical or psychological care, | 23 | | for the employee or a family member of the eligible employee | 24 | | made necessary by a serious health condition of the family | 25 | | member; (B) to be with a child during the first 12 months after | 26 | | the child's birth, if the employee, the employee's spouse, or |
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| 1 | | the party to a civil union with the employee, is a biological | 2 | | parent of the child, or the first 12 months after the placement | 3 | | of the child for adoption or foster care with the employee; (C) | 4 | | for the employee's own serious health condition; or (D) because | 5 | | of any qualifying exigency as interpreted under the Family and | 6 | | Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(E) and 29 CFR | 7 | | 825.126) arising out of the fact that the spouse, party to a | 8 | | civil union, child, parent of the employee, or any other | 9 | | individual related by blood or whose close relationship with | 10 | | the employee is equivalent to a family relationship is on | 11 | | active duty (or has been notified of an impending call or order | 12 | | to active duty) in the armed forces as of the United States. | 13 | | "Family leave" does not include any period of time during which | 14 | | an eligible employee is paid benefits pursuant to the Workers' | 15 | | Compensation Act or the Unemployment Insurance Act because the | 16 | | employee is unable to perform the duties of the employee's | 17 | | employment due to the employee's own disability. | 18 | | (13) "Family leave benefits" means any payments that are | 19 | | payable to an eligible employee for all or part of a period of | 20 | | family leave. | 21 | | (14) "Health care provider" means any person licensed under | 22 | | federal, State, or local law or the laws of a foreign nation to | 23 | | provide health care services or any other person who has been | 24 | | authorized to provide health care by a licensed health care | 25 | | provider.
| 26 | | (15) "Intermittent leave" means a non-consecutive leave |
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| 1 | | consisting of intervals, each of which is at least one, but | 2 | | fewer than 12, weeks within a consecutive 12-month period. | 3 | | (16) "Parent of an eligible employee" means a biological | 4 | | parent, foster parent, adoptive parent, or stepparent of the | 5 | | eligible employee or a person who was a legal guardian of, or | 6 | | who stood in loco parentis to, the eligible employee when the | 7 | | eligible employee was a child. | 8 | | (17) "Placement for adoption" means the time when an | 9 | | eligible employee adopts a child or becomes responsible for a | 10 | | child pending adoption by the eligible employee. | 11 | | (18) "Serious health condition" means an illness, injury, | 12 | | impairment, or physical or mental condition that requires | 13 | | inpatient care in a hospital, hospice, or residential medical | 14 | | care facility or continuing medical treatment or continuing | 15 | | supervision by a health care provider. | 16 | | (19) "12-month period" means, with respect to an employee | 17 | | who establishes a valid claim for family leave benefits during | 18 | | a period of family leave, the 365 consecutive days that begin | 19 | | with the first day that the employee first establishes the | 20 | | claim. | 21 | | Section 15. Family leave program. | 22 | | (a) Subject to appropriation, the Department shall | 23 | | establish and administer a family leave program. | 24 | | (b) The Department shall establish procedures and forms for | 25 | | filing
claims for benefits under this Act. |
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| 1 | | (c) The Department shall use information sharing and | 2 | | integration
technology to facilitate the disclosure of | 3 | | relevant information or records by the Department of Employment | 4 | | Security.
| 5 | | (d) Information contained in the files and records | 6 | | pertaining to an
employee under this Act is confidential and | 7 | | not open to public
inspection, other than to public employees | 8 | | in the performance of their
official duties. However, the | 9 | | employee or an authorized
representative of an employee may | 10 | | review the records or receive
specific information from the | 11 | | records on the presentation of the signed
authorization of the | 12 | | employee. An employer or the employer's duly
authorized | 13 | | representative may review the records of an employee
employed | 14 | | by the employer in connection with a pending claim. At the
| 15 | | Department's discretion, other persons may review records when | 16 | | such
persons are rendering assistance to the Department at any | 17 | | stage of the
proceedings on any matter pertaining to the | 18 | | administration of this
Act. | 19 | | An employer must keep at its place of business records of | 20 | | employment from which the information needed by the Department | 21 | | for purposes of this Act may be obtained. The records shall at | 22 | | all times be open to the inspection of the Department pursuant | 23 | | to rules adopted by the Department. | 24 | | (e) The Department shall develop and implement an outreach | 25 | | program
to ensure that individuals who may be eligible to | 26 | | receive family leave
benefits under this Act are made aware of |
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| 1 | | these benefits.
Outreach information shall explain, in an easy | 2 | | to understand format,
eligibility requirements, the claims | 3 | | process, weekly benefit amounts,
maximum benefits payable, | 4 | | notice requirements, reinstatement and
nondiscrimination | 5 | | rights, confidentiality, and coordination of leave
under this | 6 | | Act and other laws, collective bargaining agreements,
and | 7 | | employer policies. Outreach information shall be available in
| 8 | | English and in languages other than English
that
are spoken as | 9 | | a primary language by a significant portion of the State's
| 10 | | population, as determined by the Department. | 11 | | Section 20. Eligibility for benefits. | 12 | | (a) The Department may require that a claim for family | 13 | | leave benefits under this Section be supported by
a | 14 | | certification issued by a health care provider who is providing | 15 | | care to the employee or the employee's family
member if | 16 | | applicable. | 17 | | (b) An employee is not eligible for family leave benefits | 18 | | under this Section for any week for which the
employee receives | 19 | | paid family leave from his or her employer. If an employer | 20 | | provides paid family leave, the employee may elect whether | 21 | | first to use the paid family leave or to receive family leave | 22 | | benefits under this Section.
An employee may not be required to | 23 | | use paid family leave to which the employee is entitled
before | 24 | | receiving family leave benefits under this Section. | 25 | | (c) This Section does not limit an employee's right to take |
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| 1 | | leave from employment
under other laws or employer policy. | 2 | | (d) The eligibility of an employee for benefits is not | 3 | | affected by a strike or lockout at the
factory, establishment, | 4 | | or other premises at which the employee is or was last | 5 | | employed. | 6 | | (e) An employee who has received benefits under this | 7 | | Section may not lose any other
employment benefits, including | 8 | | seniority or pension rights, accrued before the date that
| 9 | | family leave commenced. However, this Section does not entitle | 10 | | an employee to accrue employment
benefits during a period of | 11 | | family leave or to a right, benefit, or position of employment
| 12 | | other than a right, benefit, or position to which the employee | 13 | | would have been
entitled had the employee not taken family | 14 | | leave. | 15 | | (f) This Section does not diminish an employer's obligation | 16 | | to comply with a collective
bargaining agreement or an | 17 | | employment benefits program or plan that provides greater
| 18 | | benefits to employees than the benefits provided under this | 19 | | Section. | 20 | | (g) An agreement by an employee to waive the employee's | 21 | | rights under this Section is
void as contrary to public policy. | 22 | | The benefits under this Section may not be diminished by
a | 23 | | collective bargaining agreement or another employment benefits | 24 | | program or plan entered
into or renewed after the effective | 25 | | date of this Act. | 26 | | (h) Nothing in this Act shall be deemed to affect the |
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| 1 | | validity or change the terms of bona fide collective bargaining | 2 | | agreements in force on the effective date of this Act. After | 3 | | that date, requirements of this Act may be waived in a bona | 4 | | fide collective bargaining agreement, but only if the waiver is | 5 | | set forth explicitly in such agreement in clear and unambiguous | 6 | | terms. | 7 | | (i) This Section does not create a continuing entitlement | 8 | | or contractual right. | 9 | | Section 25. Disqualification from benefits. | 10 | | (a) An employee is disqualified from family leave benefits | 11 | | under this Act if the
employee: | 12 | | (1) willfully makes a false statement or | 13 | | misrepresentation regarding a material fact, or
willfully | 14 | | fails to disclose a material fact, to obtain benefits; | 15 | | (2) seeks benefits based on an intentionally | 16 | | self-inflicted serious health condition; or
| 17 | | (3) seeks benefits based on a serious health condition | 18 | | that resulted from the employee's
commission of a felony. | 19 | | (b) A disqualification for family leave benefits is for a | 20 | | period of 2 years, and
commences on the first day of the | 21 | | calendar week in which the employee filed a claim for
benefits | 22 | | under this Act. An employee who is disqualified for benefits is | 23 | | liable to the Department for a penalty in an amount equal to | 24 | | 15% of the amount
of benefits received by the employee. |
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| 1 | | Section 30. State Benefits Fund. | 2 | | (a) The State Benefits Fund is created as a special fund in | 3 | | the State treasury. Subject to appropriation, moneys in the | 4 | | Fund may be used for the payment of family leave benefits and | 5 | | for the administration of this Act. All interest and other | 6 | | earnings that accrue from investment of moneys in the Fund | 7 | | shall be credited to the Fund. | 8 | | (b) An employer shall retain from all employees a payroll | 9 | | premium deduction in the amount of 0.3% of wages as defined in | 10 | | Section 235 of the Unemployment Insurance Act. The Department | 11 | | shall by rule provide for the collection of this payroll | 12 | | premium deduction. | 13 | | The amount of the payroll premium imposed under this | 14 | | Section, less refunds authorized by this Act, and all | 15 | | assessments and penalties collected under this Act shall be | 16 | | deposited into and credited to the Fund. | 17 | | (c) A separate account, to be known as the Administration | 18 | | Account, shall be maintained in the Fund. An amount determined | 19 | | by the Department sufficient for proper administration, not to | 20 | | exceed, however, 0.1% of wages as defined in this Section, | 21 | | shall be credited to the Administration Account. The expenses | 22 | | of the Department in administering the Fund and its accounts | 23 | | shall be charged against the Administration Account. The costs | 24 | | of administration of this Act shall be charged to the | 25 | | Administration Account. | 26 | | (d) A separate account, to be known as the Family Leave |
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| 1 | | Benefits Account, shall be maintained in the Fund. The account | 2 | | shall be charged with all benefit payments. Prior to July 1 of | 3 | | each calendar year, the Department shall determine the average | 4 | | rate of interest and other earnings on all investments of the | 5 | | Fund for the preceding calendar year. If there is an | 6 | | accumulated deficit in the Family Leave Benefits Account in | 7 | | excess of $200,000 at the end of any calendar year after | 8 | | interest and other earnings have been credited as provided in | 9 | | this Section, the Department shall determine the ratio of the | 10 | | deficit to the total of all taxable wages paid during the | 11 | | preceding calendar year and shall make an assessment against | 12 | | all employers in an amount equal to the taxable wages paid by | 13 | | them during the preceding calendar year to employees, | 14 | | multiplied by the ratio, but in no event shall any such | 15 | | assessment exceed 0.1% of such wages. The amounts shall be | 16 | | collectible by the Department in the same manner as provided | 17 | | for the collection of employer contributions under the | 18 | | Unemployment Insurance Act. In making this assessment, the | 19 | | Department shall furnish to each affected employer a brief | 20 | | summary of the determination of the assessment. The amount of | 21 | | such assessments collected by the Department shall be credited | 22 | | to the Family Leave Benefits Account.
As used in this Section, | 23 | | "wages" means wages as provided in Section 235 of the | 24 | | Unemployment Insurance Act. | 25 | | (e) A board of trustees, consisting of the State Treasurer, | 26 | | the Secretary of State, the Director of Labor, the Director of |
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| 1 | | Employment Security, and the State Comptroller, is hereby | 2 | | created. The board shall invest and reinvest all moneys in the | 3 | | Fund in excess of its cash requirements in obligations legal | 4 | | for savings banks. | 5 | | (f) The Department may adjust rates, not to exceed the | 6 | | amount
established in subsection (b) of this Section, for the
| 7 | | collection of premiums pursuant to subsection (b) of this
| 8 | | Section. The Department shall set rates for premiums in a | 9 | | manner
that minimizes the volatility of the rates assessed and | 10 | | so that
at the end of the period for which the rates are | 11 | | effective, the
cash balance shall be an amount approximating 12 | 12 | | months of
projected expenditures from the
Fund, considering the | 13 | | functions and duties of the Department
under this Act. | 14 | | (g) An employer required to pay premiums under this
Section | 15 | | shall make and file a report of employee hours worked
and | 16 | | amounts due under this Section upon a combined report form
| 17 | | prescribed by the Department. The report shall be
filed with | 18 | | the Department at the times and in the
manner prescribed by the | 19 | | Department. | 20 | | (h) If the employer is a temporary employment agency that
| 21 | | provides employees on a temporary basis to its customers, the
| 22 | | temporary employment agency is considered the employer for
| 23 | | purposes of this Section. | 24 | | (i) When an employer quits business or sells out, | 25 | | exchanges,
or otherwise disposes of the business or stock of | 26 | | goods, any
premium payable under this Section is immediately |
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| 1 | | due and
payable, and the employer shall, within 10 days | 2 | | thereafter, pay
the premium due. A person who becomes a | 3 | | successor to the
business is liable for the full amount of the | 4 | | premium and shall
withhold from the purchase price a sum | 5 | | sufficient to pay any
premium due from the employer until the | 6 | | employer produces a
receipt from the Department showing payment | 7 | | in full of
any premium due or a certificate that no premium is | 8 | | due. If the
premium is not paid by the employer within 10 days | 9 | | after the
date of the sale, exchange, or disposal, the | 10 | | successor is
liable for the payment of the full amount of the | 11 | | premium. The
successor's payment of the premium is, to the | 12 | | extent of the
payment, a payment upon the purchase price, and | 13 | | if the payment
is greater in amount than the purchase price, | 14 | | the amount of the
difference is a debt due the successor from | 15 | | the employer. | 16 | | A successor is not liable for any premium due from the
| 17 | | person from whom the successor has acquired a business or stock
| 18 | | of goods if the successor gives written notice to the
| 19 | | Department of the acquisition and no assessment is issued by
| 20 | | the Department within one year after receipt of the notice
| 21 | | against the former operator of the business.
| 22 | | Section 35. Compensation for family leave. | 23 | | (a) An individual's weekly benefit rate shall be two-thirds | 24 | | of his or her average weekly wage, subject to a maximum of 53% | 25 | | of the Statewide average weekly wage paid to workers by |
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| 1 | | employers, as determined pursuant to Section 401 of the | 2 | | Unemployment Insurance Act, provided, however, that the | 3 | | individual's benefit rate shall be computed to the next lower | 4 | | multiple of $1 if not already a multiple thereof. The amount of | 5 | | benefits for each day of family leave for which benefits are | 6 | | payable shall be one-seventh of the corresponding weekly | 7 | | benefit amount; provided that the total benefits for a | 8 | | fractional part of a week shall be computed to the next lower | 9 | | multiple of $1 if not already a multiple thereof. | 10 | | (b) With respect to any period of family leave and while an | 11 | | individual is an eligible employee, family benefits not in | 12 | | excess of the individual's maximum benefits shall be payable | 13 | | with respect to the first day of leave taken after the first | 14 | | one-week period following the commencement of the period of | 15 | | family leave and each subsequent day of family leave during | 16 | | that period of family leave; and if benefits become payable on | 17 | | any day after the first 3 weeks in which leave is taken, then | 18 | | benefits shall also be payable with respect to any leave taken | 19 | | during the first one-week period in which leave is taken. The | 20 | | maximum total benefits payable to any eligible individual | 21 | | commencing on or after the effective date of this Act shall be | 22 | | 12 times the individual's weekly benefit amount or one-third of | 23 | | his or her total wages in his or her base year, whichever is | 24 | | the lesser; provided that the maximum amount shall be computed | 25 | | in the next lower multiple of $1 if not already a multiple | 26 | | thereof. |
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| 1 | | (c) All of the family leave benefits paid to an eligible | 2 | | employee during a period of family leave with respect to any | 3 | | one birth or adoption shall be for a single continuous period | 4 | | of time, except that the employer of the eligible employee may | 5 | | permit the eligible employee to receive the family leave | 6 | | benefits during non-consecutive weeks in a manner mutually | 7 | | agreed to by the employer and the eligible employee and | 8 | | disclosed to the Department by the employer. | 9 | | (d) Nothing in this Act shall be construed to prohibit the | 10 | | establishment by an employer, without approval by the | 11 | | Department, of a supplementary plan or plans providing for the | 12 | | payment to employees, or to any class or classes of employees, | 13 | | of benefits in addition to the benefits provided by this Act or | 14 | | to prohibit the collection or receipt of additional voluntary | 15 | | contributions from employees toward the cost of the additional | 16 | | benefits. The rights, duties, and responsibilities of all | 17 | | interested parties under the supplementary plans shall be | 18 | | unaffected by any provision of this Act.
| 19 | | Section 40. Family leave; duration. An eligible employee | 20 | | may take 12 weeks of family leave within any 24-month period in | 21 | | order to provide care made necessary by reasons identified in | 22 | | Section 10.
An eligible employee may take family leave on an | 23 | | intermittent schedule in which all of the leave authorized | 24 | | under this Act is not taken sequentially. |
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| 1 | | Section 45. Annual reports; contents. | 2 | | (a) The Department shall issue and make available to the
| 3 | | public, not later than July 1, 2019 and July 1 of each
| 4 | | subsequent year, annual reports providing data on family leave
| 5 | | benefits claims involving pregnancy and childbirth, and family
| 6 | | leave benefits, including separate data for each of the
| 7 | | following categories of claims: the employee's own serious | 8 | | illness; care of newborn children; care
of newly adopted | 9 | | children; care of sick children; care of sick
spouses; and care | 10 | | of other sick family members. The reports
shall include, for | 11 | | each category of claims, the number of
workers receiving the | 12 | | benefits, the amount of benefits paid,
the average duration of | 13 | | benefits, the average weekly benefit,
and any reported amount
| 14 | | of sick leave, vacation, or other fully paid time which | 15 | | resulted
in reduced benefit duration. The report shall provide | 16 | | data by
gender and by any other demographic factors determined | 17 | | to be
relevant by the Department. The reports shall also | 18 | | provide, for
all family leave benefits, the total costs of | 19 | | benefits and the total cost of administration, the portion of | 20 | | benefits for claims during family leave, and the total revenues | 21 | | from employer assessments, where applicable; employee | 22 | | assessments;
and other sources. | 23 | | (b) The Department may, in its discretion, conduct surveys | 24 | | and other research regarding, and include in the annual reports | 25 | | descriptions and evaluations of the impact and potential future | 26 | | impact of the costs and benefits resulting from the provisions |
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| 1 | | of this Act for: | 2 | | (1) employees and their families, including surveys | 3 | | and evaluations of what portion of the total number of | 4 | | employees taking leave would not have taken leave, or would
| 5 | | have taken less leave, without the availability of | 6 | | benefits; what portion of employees return to work after | 7 | | receiving benefits and what portion are not permitted to | 8 | | return to work; and what portion of employees who are | 9 | | eligible for benefits do not claim or receive them and why | 10 | | they do not; | 11 | | (2) employers, including benefits such as reduced | 12 | | training and other costs related to reduced turnover of | 13 | | personnel, and increased affordability of family leave | 14 | | through the State, with special attention given to small | 15 | | businesses; and | 16 | | (3) the public, including savings caused by any | 17 | | reduction in the number of people receiving public | 18 | | assistance. | 19 | | (c) The total amount of any expenses that the Department | 20 | | determines are necessary to carry out its duties pursuant to | 21 | | this Section shall be charged to the Administration Account of | 22 | | the Fund. | 23 | | Section 50. Hearings. A person aggrieved by a decision of | 24 | | the Department under this Act may request a hearing. The | 25 | | Department shall adopt rules governing hearings and the |
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| 1 | | issuance of final orders under this Act in accordance with the | 2 | | provisions of the Illinois Administrative Procedure Act. All | 3 | | final administrative decisions of the Department under this Act | 4 | | are subject to judicial review under the Administrative Review | 5 | | Law. | 6 | | Section 55. Prohibited acts. No employer, temporary | 7 | | employment
agency, employment agency, employee organization, | 8 | | or other person shall discharge,
expel, or otherwise | 9 | | discriminate against a person because the person has filed or | 10 | | communicated
to the employer an intent to file a claim, a | 11 | | complaint, or an appeal or has testified or
is about to testify | 12 | | or has assisted in any proceeding, under this Act, at any time. | 13 | | Section 60. Penalties.
| 14 | | (a) A person who makes a false statement or representation, | 15 | | knowing it to be false, or knowingly fails to disclose a | 16 | | material fact to obtain or increase any family leave benefit | 17 | | during a period of family leave, either for himself or herself | 18 | | or for any other person, shall be liable for a civil penalty of | 19 | | $250 to be paid to the Department. Each such false statement or | 20 | | representation or failure to disclose a material fact shall | 21 | | constitute a separate offense. Upon refusal to pay such civil | 22 | | penalty, the civil penalty shall be recovered in a civil action | 23 | | by the Attorney General on behalf the Department in the name of | 24 | | the State of Illinois. If, in any case in which liability for |
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| 1 | | the payment of a civil penalty has been determined, any person | 2 | | who has received any benefits under this Act by reason of the | 3 | | making of such false statements or representations or failure | 4 | | to disclose a material fact shall not be entitled to any | 5 | | benefits under this Act for any leave occurring prior to the | 6 | | time he or she has discharged his or her liability to pay the | 7 | | civil penalty.
| 8 | | (b) A person who willfully violates any provision of this | 9 | | Act or any rule adopted under this Act for which a civil | 10 | | penalty is neither prescribed in this Act nor provided by any | 11 | | other applicable law shall be subject to a civil penalty of | 12 | | $500 to be paid to the Department. Upon the refusal to pay such | 13 | | civil penalty, the civil penalty shall be recovered in a civil | 14 | | action by the Attorney General on behalf of the Department in | 15 | | the name of the State of Illinois. | 16 | | (c) A person, employing unit, employer, or entity violating | 17 | | any provision of this Section with intent to defraud the | 18 | | Department is guilty of a Class C misdemeanor. The fine upon | 19 | | conviction shall be payable to the Fund. Any penalties imposed | 20 | | by this subsection shall be in addition to those otherwise | 21 | | prescribed in this Section. | 22 | | Section 70. Leave and employment protection. | 23 | | (a) During a period in which an employee receives family | 24 | | leave benefits under this Act, the employee is entitled to | 25 | | family leave and, at the established ending date of leave, to |
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| 1 | | be restored to a position of employment with the employer from | 2 | | whom leave was taken as provided under subsection (b). | 3 | | (b) Except as provided in subsection (f), an employee who | 4 | | receives family leave benefits under this Act for the intended | 5 | | purpose of the family leave is entitled, on return from the | 6 | | leave: | 7 | | (1) to be restored by the employer to the position of | 8 | | employment held by the employee when the family leave | 9 | | commenced; or | 10 | | (2)
to be restored to an equivalent position with | 11 | | equivalent employment benefits, pay, and other terms and | 12 | | conditions of employment at a workplace within 20 miles of | 13 | | the employee's workplace when the family leave commenced. | 14 | | (c) The taking of family leave under this Act may not | 15 | | result in the loss of any employment benefits accrued before | 16 | | the date on which the family leave commenced. | 17 | | (d) Nothing in this Section entitles a restored employee | 18 | | to:
| 19 | | (1) the accrual of any seniority or employment benefits | 20 | | during any period of family leave; or | 21 | | (2) any right, benefit, or position of employment other | 22 | | than any right, benefit, or position to which the employee | 23 | | would have been entitled to had the employee not taken the | 24 | | family leave. | 25 | | (e) Nothing in this Section prohibits an employer from | 26 | | requiring an employee on family leave to report periodically to |
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| 1 | | the employer on the status and intention of the employee to | 2 | | return to work. | 3 | | (f) An employer may deny restoration under subsection (b) | 4 | | to a salaried employee who is among the highest paid 10% of the | 5 | | employees employed by the employer within 75 miles of the | 6 | | facility at which the employee is employed if: | 7 | | (1) denial is necessary to prevent substantial and | 8 | | grievous economic injury to the operations of the employer; | 9 | | (2) the employer notifies the employee of the intent of | 10 | | the employer to deny restoration on such basis at the time | 11 | | the employer determines that the injury would occur; and
| 12 | | (3) the family leave has commenced and the employee | 13 | | elects not to return to employment after receiving the | 14 | | notice. | 15 | | Section 75. Notice to employer. | 16 | | (a) If the necessity for family leave for the birth or | 17 | | placement of a child is foreseeable based on an expected birth | 18 | | or placement, the employee shall provide the employer with not | 19 | | less than 30 days' notice, before the date the leave is to | 20 | | begin, of the employee's intention to take leave for the birth | 21 | | or placement of a child, except that if the date of the birth | 22 | | or placement requires leave to begin in less than 30 days, the | 23 | | employee shall provide such notice as is practicable.
| 24 | | (b) If the necessity for family leave for an employee's or | 25 | | a family member's serious health condition is foreseeable based |
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| 1 | | on planned medical treatment, the employee: | 2 | | (1) must make a reasonable effort to schedule the | 3 | | treatment so as not to disrupt unduly the operations of the | 4 | | employer; and | 5 | | (2) must provide the employer with not less than 30 | 6 | | days' notice, before the date the leave is to begin, of the | 7 | | employee's intention to take leave for his, her, or a | 8 | | family member's serious health condition, except that if | 9 | | the date of the treatment requires leave to begin in less | 10 | | than 30 days, the employee must provide such notice as is | 11 | | practicable. | 12 | | Section 80. Employment by same employer. If spouses who are | 13 | | entitled to leave under this Act are employed by the same | 14 | | employer, the employer may require that spouses not take such | 15 | | leave concurrently. | 16 | | Section 85. Coordination of leave. | 17 | | (a) Family leave taken under this Act must be taken | 18 | | concurrently with any leave taken under the Federal Family and | 19 | | Medical Leave Act of 1993. | 20 | | (b) An employer may require that family leave taken under | 21 | | this Act be taken concurrently or otherwise coordinated with | 22 | | leave allowed under the terms of a collective bargaining | 23 | | agreement or employer policy, as applicable, for the birth or | 24 | | placement of a child. The employer must give his or her |
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| 1 | | employees written notice of this requirement. | 2 | | Section 90. Rules. The Department may adopt any rules | 3 | | necessary to implement the provisions of this Act. In adopting | 4 | | rules, the Department shall maintain consistency with the | 5 | | regulations adopted to implement the Federal Family and Medical | 6 | | Leave Act of 1993 to the extent such regulations are not in | 7 | | conflict with this Act.
| 8 | | Section 95. Authority to contract. The Department may | 9 | | contract or enter into interagency agreements with other State | 10 | | agencies for the initial administration of the Family Leave | 11 | | Program. | 12 | | Section 175. Severability. The provisions of this Act are | 13 | | severable under Section 1.31 of the Statute on Statutes. | 14 | | Section 900. The State Finance Act is amended by adding | 15 | | Section 5.878 as follows: | 16 | | (30 ILCS 105/5.878 new) | 17 | | Sec. 5.878. The State Benefits Fund. | 18 | | Section 999. Effective date. This Act takes effect upon | 19 | | becoming law. |
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