Full Text of SB3105 98th General Assembly
SB3105 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3105 Introduced 2/7/2014, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED: |
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Creates the Illinois Family Care Provider Act. Provides that an employer must provide up to 12 weeks of unpaid family medical leave to an employee during any 12-month period in connection with one or more of the following: (i) the birth or adoption of a grandchild, in order for the employee to care for such grandchild; (ii) the placement of a grandchild with the employee for adoption or foster care; or (iii) a serious health condition of a grandchild, in order for the employee to care for such grandchild, or a serious health condition of a grandparent, in order for the employee to care for such grandparent. Contains provisions concerning employee benefits and prohibited acts. Authorizes an employee to file a civil action for enforcement. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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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 | 5 | | Illinois 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 | 17 | | have primary responsibility for the care of grandparents | 18 | | and other family members is significant; in fact, | 19 | | grandchildren comprise 8% of informal caregivers | 20 | | nationally; | 21 | | (4) it is important for the family unit that | 22 | | grandparents and grandchildren be able to participate in | 23 | | the care of family members who have serious health |
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| 1 | | conditions; and | 2 | | (5) the lack of employment policies to accommodate | 3 | | working caregivers, including employees caring for | 4 | | grandchildren or grandparents, can force individuals to | 5 | | choose between job security and caregiving | 6 | | responsibilities. | 7 | | (b) Purpose. It is the purpose of this Act that all | 8 | | employers required to comply with the Family and Medical Leave | 9 | | Act of 1993, 29 U.S.C. 2601, et seq., shall include | 10 | | grandparents and grandchildren as "eligible employees" for | 11 | | leave: (i) for the birth or adoption of a grandchild, in order | 12 | | for a grandparent to care for such grandchild; (ii) because of | 13 | | the placement of a grandchild with the grandparent for adoption | 14 | | or foster care; and (iii) in order for the grandparent to care | 15 | | for the grandchild if such grandchild has a serious health | 16 | | condition or the grandchild to care for the grandparent if such | 17 | | grandparent has a serious health condition. | 18 | | Section 10. Definitions. In this Act: | 19 | | "Eligible employee" has the meaning ascribed to that term | 20 | | in the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et | 21 | | seq. | 22 | | "Employer" has the meaning ascribed to that term in the | 23 | | Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq. | 24 | | "Grandparent" means a biological, adopted, or step | 25 | | grandparent of an employee. |
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| 1 | | "Grandchild" means a biological, adopted, or step | 2 | | grandchild of an employee. | 3 | | "Serious health condition" has the meaning ascribed to that | 4 | | term in the Family and Medical Leave Act of 1993, 29 U.S.C. | 5 | | 2601 et seq. | 6 | | Section 15. Family leave requirement. | 7 | | (a) Subject to the conditions set forth in this Section, an | 8 | | employee is entitled to receive, and an employer shall provide, | 9 | | up to 12 weeks of unpaid family medical leave to an employee | 10 | | during any 12-month period in connection with one or more of | 11 | | the following: (i) the birth or adoption of a grandchild, in | 12 | | order for the employee to care for such grandchild; (ii) the | 13 | | placement of a grandchild with the employee for adoption or | 14 | | foster care; or (iii) a serious health condition of a | 15 | | grandchild, in order for the employee to care for such | 16 | | grandchild, or a serious health condition of a grandparent, in | 17 | | order for the employee to care for such grandparent. | 18 | | (b) An employee is not entitled to receive, and an employer | 19 | | is not required to provide, more than 12 weeks of unpaid family | 20 | | medical leave in any 12-month period under this Act. For | 21 | | purposes of this Act, unpaid family medical leave granted | 22 | | pursuant to any other law shall be deemed to be unpaid family | 23 | | medical leave granted under this Act. | 24 | | Section 20. Notification. An employee must comply with the |
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| 1 | | employer's usual and customary procedural requirements for | 2 | | giving notice of a request for leave, provided that those | 3 | | notice requirements are consistent with the Family and Medical | 4 | | Leave Act of 1993, 29 U.S.C. 2601 et seq. | 5 | | Section 25. Certification. An employer may require that an | 6 | | employee's leave to care for a grandchild or grandparent with a | 7 | | serious health condition be supported by a certification issued | 8 | | by the health care provider of the employee's grandchild or | 9 | | grandparent. Certification under this Section shall comply | 10 | | with the certification content and requirements provided in 29 | 11 | | C.F.R. 825.305 et seq. | 12 | | Section 30. Enforcement. A civil action may be brought in | 13 | | the circuit court having jurisdiction by an employee to enforce | 14 | | this Act. The circuit court may enjoin any act or practice that | 15 | | violates or may violate this Act and may order any other | 16 | | equitable relief that is necessary and appropriate to redress | 17 | | the violation or to enforce this Act. | 18 | | Section 35. Refusal to pay damages. Any employer who has | 19 | | been ordered by the court to pay damages under this Act is | 20 | | liable for:
| 21 | | (1) damages equal to the amount of wages, salary, | 22 | | employment benefits, public assistance, or other | 23 | | compensation denied or lost to such individual by reason of |
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| 1 | | the violation, and the interest on that amount calculated | 2 | | at the prevailing rate; | 3 | | (2) such equitable relief as may be appropriate, | 4 | | including employment reinstatement and promotion; and | 5 | | (3) reasonable attorney's fees, reasonable expert | 6 | | witness fees, and other costs of the action to be paid by | 7 | | the respondent to the prevailing employee. | 8 | | Section 40. Interpretation. Except as otherwise provided | 9 | | in this Act, all general requirements for leave, employment, | 10 | | benefits, and other provisions shall be interpreted in a manner | 11 | | consistent with the Family and Medical Leave Act of 1993, 29 | 12 | | U.S.C. 2601 et seq. | 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law. |
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