Illinois General Assembly - Full Text of HB4215
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Full Text of HB4215  102nd General Assembly


Rep. Maurice A. West, II

Filed: 3/1/2022





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2    AMENDMENT NO. ______. Amend House Bill 4215 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title; references to Act.
5    (a) This Act may be cited as the Child Extended
6Bereavement Leave Act.
7    (b) This Act may be referred to as Zachary's Parent
8Protection Act.
9    Section 5. Definitions. In this Act:
10    "Child" means an employee's biological, adopted, or foster
11child, a stepchild, a legal ward, or a child of a person
12standing in loco parentis.
13    "Department" means the Department of Labor.
14    "Employee" means a full-time employee of a large employer
15or a small employer who has worked for that employer for at
16least 2 weeks; however, "employee" does not include a salaried



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1employee who is among the highest paid 10% of the employees
2employed by the employer.
3    "Employer" means a large employer or a small employer.
4    "Large employer" means a person or entity, other than the
5federal government or an agency of the federal government,
6that employs 250 or more employees on a full-time basis in
8    "Small employer" means a person or entity, other than the
9federal government or an agency of the federal government,
10that employs at least 50 but fewer than 250 employees on a
11full-time basis in Illinois.
12    Section 10. Leave.
13    (a) An employee of a large employer is entitled to use a
14maximum of 12 weeks of unpaid leave if the employee
15experiences the loss of a child by suicide or homicide.
16    (b) An employee of a small employer is entitled to use a
17maximum of 6 weeks of unpaid leave if the employee experiences
18the loss of a child by suicide or homicide.
19    (c) Leave under subsection (a) or (b) may be taken in a
20single continuous period or intermittently in increments of no
21less than 4 hours, but leave must be completed within one year
22after the employee notifies the employer of the loss.
23    (d) An employer may require reasonable advance notice of
24the employee's intention to take leave, unless providing such
25notice is not reasonable and practicable.



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1    (e) An employer may require reasonable documentation.
2Documentation may include a death certificate, a published
3obituary, or written verification of death, burial, or
4memorial services from a mortuary, funeral home, burial
5society, crematorium, religious institution, or government
6agency. An employer may require that the documentation include
7the cause of death.
8    Section 15. Existing leave usable for bereavement. An
9employee who is entitled to take paid or unpaid leave
10(including family, medical, sick, annual, personal, or similar
11leave) from employment, pursuant to federal, State, or local
12law, a collective bargaining agreement, or an employment
13benefits program or plan may elect to substitute any period of
14such leave for an equivalent period of leave provided under
15this Act.
16    Section 20. Protections.
17    (a) An employee who takes leave under this Act is
18entitled, on return from such leave:
19        (1) to be restored by the employer to the position of
20    employment held by the employee when the leave commenced;
21    or
22        (2) to be restored to an equivalent position with
23    equivalent employment benefits, pay, and other terms and
24    conditions of employment.



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1    (b) The taking of leave under this Act shall not result in
2the loss of any employment benefit accrued prior to the date on
3which the leave commenced.
4    (c) Nothing in this Act shall be construed to entitle any
5restored employee to:
6        (1) the accrual of any seniority or employment
7    benefits during any period of leave; or
8        (2) any right, benefit, or position of employment
9    other than any right, benefit, or position to which the
10    employee would have been entitled had the employee not
11    taken the leave.
12    Section 25. Unlawful employer practices.
13    (a) It is unlawful for any employer to take any adverse
14action against an employee because the employee:
15        (1) exercises rights or attempts to exercise rights
16    under this Act;
17        (2) opposes practices which such employee believes to
18    be in violation of this Act; or
19        (3) supports the exercise of rights of another under
20    this Act.
21    (b) Exercising rights under this Act includes:
22        (1) filing an action or instituting or causing to be
23    instituted any proceeding under or related to this Act;
24        (2) providing or agreeing to provide any information
25    in connection with any inquiry or proceeding relating to



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1    any right provided under this Act; or
2        (3) testifying to or agreeing to testify in any
3    inquiry or proceeding relating to any right provided under
4    this Act.
5    Section 30. Department responsibilities.
6    (a) The Department shall administer and enforce this Act
7and adopt rules under the Illinois Administrative Procedure
8Act for the administration and enforcement of this Act. The
9Department has the powers and the parties have the rights
10provided in the Illinois Administrative Procedure Act for
11contested cases. The Department has the power to conduct
12investigations in connection with the administration and
13enforcement of this Act, including the power to conduct
14depositions and discovery and to issue subpoenas. If the
15Department finds cause to believe that this Act has been
16violated, the Department shall notify the parties in writing
17and the matter shall be referred to an Administrative Law
18Judge to schedule a formal hearing in accordance with hearing
19procedures established by rule.
20    (b) The Department is authorized to impose civil penalties
21in administrative proceedings that comply with the Illinois
22Administrative Procedure Act and to supervise the payment of
23the unpaid wages and damages owing to the employee or
24employees under this Act. The Department may bring any legal
25action necessary to recover the amount of unpaid wages,



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1damages, and penalties, and the employer shall be required to
2pay the costs. Any sums recovered by the Department on behalf
3of an employee under this Act shall be paid to the employee or
4employees affected.
5    (c) The Attorney General may bring an action to enforce
6the collection of any civil penalty imposed under this Act.
7    Section 35. Enforcement.
8    (a) An employee who believes his or her rights under this
9Act or any rule adopted under this Act have been violated may,
10within 60 days after the date of the last event constituting
11the alleged violation for which the action is brought, file a
12complaint with the Department or file a civil action.
13    (b) An employer that violates any provision of this Act or
14any rule adopted under this Act is subject to a civil penalty
15for each employee affected as follows:
16        (1) for a first offense, a civil penalty not to exceed
17    $500;
18        (2) for a second or subsequent offense, a civil
19    penalty not to exceed $1,000.
20    (c) A civil action may be brought in the circuit court by
21an employee to enforce this Act. The circuit court may enjoin
22any act or practice that violates or may violate this Act and
23may order any other equitable relief that is necessary and
24appropriate to redress the violation or to enforce the Act.



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1    Section 40. Use of other leave laws. This Act does not
2extend the maximum period of leave to which an employee is
3entitled under the federal Family and Medical Leave Act of
41993 or under any other paid or unpaid leave provided under
5federal, State or local law, a collective bargaining
6agreement, or an employment benefits program or plan.
7    Section 90. The Child Bereavement Leave Act is amended by
8adding Section 35 as follows:
9    (820 ILCS 154/35 new)
10    Sec. 35. Other law. A person who uses leave under the Child
11Extended Bereavement Leave Act because of the death of a child
12may not take leave under this Act because of the death of the
13same child.".