Full Text of SB3120 102nd General Assembly
SB3120sam003 102ND GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 2/18/2022
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| 1 | | AMENDMENT TO SENATE BILL 3120
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3120 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Child Bereavement Leave Act is amended by | 5 | | changing Sections 1, 5, and 10 as follows: | 6 | | (820 ILCS 154/1)
| 7 | | Sec. 1. Short title. This Act may be cited as the Family | 8 | | Child Bereavement Leave Act.
| 9 | | (Source: P.A. 99-703, eff. 7-29-16.) | 10 | | (820 ILCS 154/5)
| 11 | | Sec. 5. Definitions. In this Act: | 12 | | "Assisted reproduction" means a method of achieving a | 13 | | pregnancy through an artificial insemination or an embryo | 14 | | transfer and includes gamete and embryo donation. "Assisted | 15 | | reproduction" does not include any pregnancy achieved through |
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| 1 | | sexual intercourse. | 2 | | "Child" means an employee's son or daughter who is a | 3 | | biological, adopted, or foster child, a stepchild, a legal | 4 | | ward, or a child of a person standing in loco parentis. | 5 | | "Covered family member" means an employee's child, | 6 | | stepchild, spouse, domestic partner, sibling, parent, | 7 | | mother-in-law, father-in-law, grandchild, grandparent, or | 8 | | stepparent. | 9 | | "Department" means the Department of Labor. | 10 | | "Domestic partner", used with respect to an unmarried | 11 | | employee, includes: | 12 | | (1) the person recognized as the domestic partner of | 13 | | the employee under any domestic partnership or civil union | 14 | | law of a state or political subdivision of a state; or | 15 | | (2) an unmarried adult person who is in a committed, | 16 | | personal relationship with the employee, who is not a | 17 | | domestic partner as described in paragraph (1) to or in | 18 | | such a relationship with any other person, and who is | 19 | | designated to the employee's employer by such employee as | 20 | | that employee's domestic partner. | 21 | | "Department" means the Department of Labor. | 22 | | "Employee" means eligible employee, as defined by Section | 23 | | 101(2) of the federal Family and Medical Leave Act of 1993 (29 | 24 | | U.S.C. 2601 et seq.). | 25 | | "Employer" means employer, as defined by Section 101(4) of | 26 | | the federal Family and Medical Leave Act of 1993 (29 U.S.C. |
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| 1 | | 2601 et seq.).
| 2 | | (Source: P.A. 99-703, eff. 7-29-16.) | 3 | | (820 ILCS 154/10)
| 4 | | Sec. 10. Bereavement Leave. | 5 | | (a) All employees shall be entitled to use a maximum of 2 | 6 | | weeks (10 work days) of unpaid bereavement leave to: | 7 | | (1) attend the funeral or alternative to a funeral of | 8 | | a covered family member child ; | 9 | | (2) make arrangements necessitated by the death of the | 10 | | covered family member; child; or | 11 | | (3) grieve the death of the covered family member; or | 12 | | child.
| 13 | | (4) be absent from work due to (i) a miscarriage; (ii) | 14 | | an unsuccessful round of intrauterine insemination or of | 15 | | an assisted reproductive technology procedure; (iii) a | 16 | | failed adoption match or an adoption that is not finalized | 17 | | because it is contested by another party; (iv) a failed | 18 | | surrogacy agreement; (v) a diagnosis that negatively | 19 | | impacts pregnancy or fertility; or (vi) a stillbirth. | 20 | | (b) Bereavement leave under subsection (a) of this Section | 21 | | must be completed within 60 days after the date on which the | 22 | | employee receives notice of the death of the covered family | 23 | | member or the date on which an event listed under paragraph (4) | 24 | | of subsection (a) occurs child . | 25 | | (c) An employee shall provide the employer with at least |
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| 1 | | 48 hours' advance notice of the employee's intention to take | 2 | | bereavement leave, unless providing such notice is not | 3 | | reasonable and practicable. | 4 | | (d) An employer may , but is not required to, require | 5 | | reasonable documentation. Documentation may include a death | 6 | | certificate, a published obituary, or written verification of | 7 | | death, burial, or memorial services from a mortuary, funeral | 8 | | home, burial society, crematorium, religious institution, or | 9 | | government agency. For leave resulting from an event listed | 10 | | under paragraph (4) of subsection (a), reasonable | 11 | | documentation shall include a form, to be provided by the | 12 | | Department, to be filled out by a health care practitioner who | 13 | | has treated the employee or the employee's spouse or domestic | 14 | | partner, or surrogate, for an event listed under paragraph (4) | 15 | | of subsection (a), or documentation from the adoption or | 16 | | surrogacy organization that the employee worked with related | 17 | | to an event listed under paragraph (4) of subsection (a), | 18 | | certifying that the employee or his or her spouse or domestic | 19 | | partner has experienced an event listed under paragraph (4) of | 20 | | subsection (a). The employer may not require that the employee | 21 | | identify which category of event the leave pertains to as a | 22 | | condition of exercising rights under this Act. | 23 | | (e) In the event of the death of more than one covered | 24 | | family member child in a 12-month period, an employee is | 25 | | entitled to up to a total of 6 weeks of bereavement leave | 26 | | during the 12-month period. This Act does not
create a right |
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| 1 | | for an employee to take unpaid leave that exceeds the unpaid | 2 | | leave time allowed under, or is in addition to the unpaid leave | 3 | | time permitted by, the federal Family and Medical Leave Act of | 4 | | 1993 (29 U.S.C. 2601 et seq.).
| 5 | | (Source: P.A. 99-703, eff. 7-29-16.)".
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