State of Illinois
92nd General Assembly
Legislation

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92_SB0388

 
                                               LRB9202035WHdv

 1        AN ACT concerning employment.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4       ARTICLE I. SHORT TITLE, FINDINGS AND PURPOSES, GENERAL
 5                       REQUIREMENTS FOR LEAVE

 6        Section 100. Short title. This Act may be  cited  as  the
 7    Illinois Family and Medical Leave Act.

 8        Section 100.1. Findings and purposes.
 9        (a) Findings.  The General Assembly finds that:
10             (1)  the  number  of  single-parent  households  and
11        two-parent  households in which the single parent or both
12        parents work is increasing significantly;
13             (2) it is important for the development of  children
14        and  the  family unit that fathers and mothers be able to
15        participate in early childrearing and the care of  family
16        members who have serious health conditions;
17             (3)  the  lack of employment policies to accommodate
18        working parents can force individuals to  choose  between
19        job security  and parenting;
20             (4)  there  is inadequate job security for employees
21        who have serious health conditions that prevent them from
22        working for temporary periods;
23             (5) due to the nature of the roles of men and  women
24        in  our  society,  the  primary responsibility for family
25        caretaking often falls on women, and such  responsibility
26        affects  the  working lives of women more than it affects
27        the working lives of men; and
28             (6) employment standards that apply  to  one  gender
29        only  have serious potential for encouraging employers to
30        discriminate  against  employees   and   applicants   for
 
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 1        employment who are of that gender.
 2        (b) Purposes. It is the purpose of this Act:
 3             (1) to balance the demands of the workplace with the
 4        needs  of families, to promote the stability and economic
 5        security of families, and to promote  national  interests
 6        in preserving  family integrity;
 7             (2)  to  entitle  employees to take reasonable leave
 8        for medical reasons, for  the  birth  or  adoption  of  a
 9        child, and for the care of a child, spouse, or parent who
10        has a serious health condition;
11             (3)   to   accomplish   the  purposes  described  in
12        paragraphs (1)  and (2) in a manner that accommodates the
13        legitimate interests of employers;
14             (4)  to  accomplish  the   purposes   described   in
15        paragraphs (1)  and (2) in a manner that, consistent with
16        the  Equal Protection Clause of the Fourteenth Amendment,
17        minimizes the potential for employment discrimination  on
18        the  basis  of  sex  by  ensuring generally that leave is
19        available  for  eligible   medical   reasons   (including
20        maternity-related  disability)  and for compelling family
21        reasons, on a gender-neutral basis; and
22             (5)  to  promote  the  goal  of   equal   employment
23        opportunity for women and men, pursuant to such clause.

24        Section 101. Definitions.    As used in this Article:
25        (1) (Blank).
26        (2) Eligible Employee.
27             (A)  In  General. The term "eligible employee" means
28        an employee who has been employed:
29                  (i) for at least 12 months by the employer with
30             respect to whom leave  is  requested  under  Section
31             102; and
32                  (ii)  for  at least 1,250 hours of service with
33             such employer during the previous 12-month period.
 
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 1             (B) Exclusions. The term  "eligible  employee"  does
 2        not include:
 3                  (i)  any  Federal  officer  or employee covered
 4             under Subchapter V of Chapter 63 of Title 5,  United
 5             States Code; or
 6                  (ii)   any  employee  of  an  employer  who  is
 7             employed  at  a  worksite  at  which  such  employer
 8             employs less than 25 employees if the  total  number
 9             of  employees  employed  by  that employer within 75
10             miles of that worksite is less than 25.
11             (C)  Determination.  For  purposes  of   determining
12        whether   an   employee   meets   the  hours  of  service
13        requirement specified  in subparagraph (A)(ii), the legal
14        standards established under Section 7 of the  Fair  Labor
15        Standards Act of 1938 (29 U.S.C. 207) shall apply.
16        (3)   Employ;   Employee;   State.  The  terms  "employ",
17    "employee", and "State" have the  same  meanings  given  such
18    terms  in  subsections  (c), (e), and (g) of Section 3 of the
19    Fair Labor Standards Act of 1938 (29 U.S.C. 203 (c), (e), and
20    (g)).
21        (4) Employer.
22             (A) In general. The term "employer":
23                  (i) means any person who  employs  25  or  more
24             employees for each working day during each of  20 or
25             more  calendar workweeks in the current or preceding
26             calendar year;
27                  (ii) includes:
28                       (I)  any  person  who  acts,  directly  or
29                  indirectly, in the interest of an  employer  to
30                  any of the employees of such employer; and
31                       (II)  any  successor  in  interest  of  an
32                  employer; and
33                  (iii)  includes  any State officer, department,
34             or agency, any unit of  local  government,  and  any
 
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 1             school district.
 2             (B)  (Blank).
 3        (5)  Employment  benefits. The term "employment benefits"
 4    means all benefits provided or made available to employees by
 5    an  employer,  including   group   life   insurance,   health
 6    insurance,  disability  insurance,  sick leave, annual leave,
 7    educational benefits, and  pensions,  regardless  of  whether
 8    such benefits are provided by a practice or written policy of
 9    an employer or through an "employee benefit plan", as defined
10    in  Section  3(3)  of the Employee Retirement Income Security
11    Act of 1974 (29 U.S.C. 1002(3)).
12        (6) Health care provider. The term "health care provider"
13    means:
14             (A) a  doctor  of  medicine  or  osteopathy  who  is
15        authorized   to   practice   medicine   or   surgery  (as
16        appropriate) by the State in which the doctor  practices;
17        or
18             (B)  any  other person determined by the Director to
19        be capable of providing health care services.
20        (7) Parent. The term "parent" means the biological parent
21    of an employee or an individual who stood in loco parentis to
22    an employee when the employee was a son or daughter.
23        (8) Person. The term "person" has the same meaning  given
24    such  term in Section 3(a) of the Fair Labor Standards Act of
25    1938 (29 U.S.C. 203(a)).
26        (9) Reduced  leave  schedule.  The  term  "reduced  leave
27    schedule"  means  a  leave  schedule  that  reduces the usual
28    number of hours per workweek, or hours  per  workday,  of  an
29    employee.
30        (10)  Director. The term "Director" means the Director of
31    Labor.
32        (11) Serious health condition. The term  "serious  health
33    condition"  means an illness, injury, impairment, or physical
34    or mental condition that involves:
 
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 1             (A)  inpatient  care  in  a  hospital,  hospice,  or
 2        residential medical care facility; or
 3             (B) continuing treatment by a health care provider.
 4        (12) Son or daughter. The term "son or daughter" means  a
 5    biological,  adopted,  or  foster child, a stepchild, a legal
 6    ward, or a child of a person standing in loco  parentis,  who
 7    is:
 8             (A) under 18 years of age; or
 9             (B)  18  years  of  age  or  older  and incapable of
10        self-care because of a mental or physical disability.
11        (13) Spouse. The term "spouse" means a husband  or  wife,
12    as  the case may be.

13        Section 102. Leave requirement.
14        (a) In general.
15             (1) Entitlement to leave. Subject to Section 103, an
16        eligible  employee  shall  be  entitled  to a total of 12
17        workweeks of leave during any 12-month period for one  or
18        more of the following:
19                  (A)  Because  of the birth of a son or daughter
20             of the employee and in order to care for such son or
21             daughter.
22                  (B) Because  of  the  placement  of  a  son  or
23             daughter  with   the employee for adoption or foster
24             care.
25                  (C) In order to care for the spouse, or a  son,
26             daughter,  or  parent,  of  the  employee,  if  such
27             spouse,  son,  daughter,  or  parent  has  a serious
28             health condition.
29                  (D) Because of a serious health condition  that
30             makes  the  employee unable to perform the functions
31             of the position of such employee.
32             (2) Expiration of entitlement.  The  entitlement  to
33        leave  under  subparagraphs  (A) and (B) of paragraph (1)
 
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 1        for a birth or placement  of  a  son  or  daughter  shall
 2        expire at the end of the 12-month period beginning on the
 3        date of such birth or placement.
 4        (b)  Leave  taken  intermittently  or  on a reduced leave
 5    schedule.
 6             (1) In general. Leave under subparagraph (A) or  (B)
 7        of  subsection  (a)(1)  shall not be taken by an employee
 8        intermittently or on a reduced leave schedule unless  the
 9        employee   and   the   employer  of  the  employee  agree
10        otherwise. Subject to paragraph (2),  subsection  (e)(2),
11        and  Section  103(b)(5),  leave under subparagraph (C) or
12        (D) of subsection (a)(1) may be taken  intermittently  or
13        on a reduced leave schedule when medically necessary. The
14        taking  of  leave  intermittently  or  on a reduced leave
15        schedule pursuant to this paragraph shall not result in a
16        reduction in the total amount   of  leave  to  which  the
17        employee  is  entitled  under  subsection  (a) beyond the
18        amount of leave actually taken.
19             (2) Alternative position. If  an  employee  requests
20        intermittent leave, or leave on a reduced leave schedule,
21        under  subparagraph (C) or (D) of subsection (a)(1), that
22        is foreseeable based on planned  medical  treatment,  the
23        employer      may   require  such  employee  to  transfer
24        temporarily to an available alternative position  offered
25        by  the employer for  which the employee is qualified and
26        that:
27                  (A) has equivalent pay and benefits; and
28                  (B) better accommodates  recurring  periods  of
29             leave  than  the  regular employment position of the
30             employee.
31        (c)  Unpaid  leave  permitted.  Except  as  provided   in
32    subsection  (d),  leave  granted  under  subsection  (a)  may
33    consist  of  unpaid  leave.  Where  an  employee is otherwise
34    exempt under regulations issued by the Secretary of the  U.S.
 
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 1    Department  of Labor pursuant to Section 13(a)(1) of the Fair
 2    Labor Standards  Act  of  1938  (29  U.S.C.  213(a)(1)),  the
 3    compliance  of  an  employer  with  this Article by providing
 4    unpaid leave shall  not  affect  the  exempt  status  of  the
 5    employee under such Section.
 6        (d) Relationship to paid leave.
 7             (1) Unpaid leave. If an employer provides paid leave
 8        for    fewer  than  12 workweeks, the additional weeks of
 9        leave  necessary to attain  the  12  workweeks  of  leave
10        required  under  this  Article  may  be  provided without
11        compensation.
12             (2) Substitution of paid leave.
13                  (A) In general. An eligible employee may elect,
14             or  an  employer  may  require  the   employee,   to
15             substitute  any  of the accrued paid vacation leave,
16             personal leave, or family  leave of the employee for
17             leave provided under subparagraph (A), (B),  or  (C)
18             of  subsection  (a)(1)  for  any part of the 12-week
19             period of such leave under such subsection.
20                  (B)  Serious  health  condition.  An   eligible
21             employee  may  elect, or an employer may require the
22             employee, to substitute  any  of  the  accrued  paid
23             vacation  leave,  personal leave, or medical or sick
24             leave of  the  employee  for  leave  provided  under
25             subparagraph (C) or (D) of subsection (a)(1) for any
26             part  of the 12-week period of such leave under such
27             subsection, except  that  nothing  in  this  Article
28             shall require an employer to provide paid sick leave
29             or  paid  medical    leave in any situation in which
30             such employer would not normally  provide  any  such
31             paid leave.
32        (e) Foreseeable leave.
33             (1)  Requirement of notice. In any case in which the
34        necessity for leave under  subparagraph  (A)  or  (B)  of
 
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 1        subsection  (a)(1)  is  foreseeable  based on an expected
 2        birth  or  placement,  the  employee  shall  provide  the
 3        employer with not less than 30 days' notice,  before  the
 4        date  the leave is to begin, of the  employee's intention
 5        to take leave under such subparagraph, except that if the
 6        date of the birth or placement requires  leave  to  begin
 7        in  less  than  30  days, the employee shall provide such
 8        notice as is practicable.
 9             (2) Duties of employee. In any  case  in  which  the
10        necessity    for  leave  under subparagraph (C) or (D) of
11        subsection (a)(1) is foreseeable based on planned medical
12        treatment, the employee:
13                  (A) shall make a reasonable effort to  schedule
14             the  treatment  so  as  not  to  disrupt  unduly the
15             operations of the employer, subject to the  approval
16             of  the  health care provider of the employee or the
17             health care provider of the son,  daughter,  spouse,
18             or parent of the employee, as appropriate; and
19                  (B)  shall  provide  the employer with not less
20             than 30  days' notice, before the date the leave  is
21             to  begin, of the employee's intention to take leave
22             under such subparagraph, except that if the date  of
23             the  treatment  requires leave to begin in less than
24             30 days, the employee shall provide such  notice  as
25             is practicable.
26        (f) Spouses employed by the same employer. In any case in
27    which  a  husband and wife entitled to leave under subsection
28    (a) are  employed by the same employer, the aggregate  number
29    of  workweeks  of  leave to which both may be entitled may be
30    limited to 12 workweeks during any 12-month period,  if  such
31    leave is taken:
32             (1)  under  subparagraph  (A)  or  (B) of subsection
33        (a)(1); or
34             (2) to care for a sick parent under subparagraph (C)
 
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 1        of such subsection.

 2        Section 103. Certification.
 3        (a) In general. An employer may require  that  a  request
 4    for  leave under subparagraph (C) or (D) of Section 102(a)(1)
 5    be supported by  a certification issued by  the  health  care
 6    provider  of  the  eligible employee or of the son, daughter,
 7    spouse, or parent of  the    employee,  as  appropriate.  The
 8    employee  shall  provide,  in a timely manner, a copy of such
 9    certification to the employer.
10        (b)  Sufficient  certification.  Certification   provided
11    under subsection (a) shall be sufficient if it states:
12             (1)  the  date on which the serious health condition
13        commenced;
14             (2) the probable duration of the condition;
15             (3)  the  appropriate  medical  facts   within   the
16        knowledge  of  the  health  care  provider  regarding the
17        condition;
18             (4)(A)  for  purposes   of   leave   under   Section
19        102(a)(1)(C),  a  statement that the eligible employee is
20        needed to care for the son, daughter, spouse,  or  parent
21        and  an estimate of the amount of time that such employee
22        is needed to care  for  the  son,  daughter,  spouse,  or
23        parent; and
24             (B)    for   purposes   of   leave   under   Section
25        102(a)(1)(D), a statement that the employee is unable  to
26        perform the functions of the position of the employee;
27             (5)  in  the  case of certification for intermittent
28        leave, or leave on a reduced leave schedule, for  planned
29        medical  treatment,  the dates on which such treatment is
30        expected to be given and the duration of such treatment;
31             (6) in the case of  certification  for  intermittent
32        leave,  or  leave  on  a  reduced  leave  schedule, under
33        Section  102(a)(1)(D),    a  statement  of  the   medical
 
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 1        necessity  for  the  intermittent  leave  or  leave  on a
 2        reduced leave schedule, and the expected duration of  the
 3        intermittent leave or reduced leave schedule; and
 4             (7)  in  the  case of certification for intermittent
 5        leave, or  leave  on  a  reduced  leave  schedule,  under
 6        Section  102(a)(1)(C),    a statement that the employee's
 7        intermittent leave or leave on  a reduced leave  schedule
 8        is  necessary  for the care of the son, daughter, parent,
 9        or spouse who has a serious  health  condition,  or  will
10        assist  in  their recovery, and the expected duration and
11        schedule of  the  intermittent  leave  or  reduced  leave
12        schedule.
13        (c) Second opinion.
14             (1)  In  general.  In any case in which the employer
15        has reason to doubt the  validity  of  the  certification
16        provided   under   subsection   (a)   for   leave   under
17        subparagraph   (C)  or  (D)  of  Section  102(a)(1),  the
18        employer may require, at the  expense  of  the  employer,
19        that  the  eligible  employee  obtain  the  opinion of  a
20        second health care provider designated or approved by the
21        employer  concerning  any  information  certified   under
22        subsection (b) for such leave.
23             (2) Limitation. A health care provider designated or
24        approved  under  paragraph (1) shall not be employed on a
25        regular basis by the employer.
26        (d) Resolution of conflicting opinions.
27             (1) In general. In any  case  in  which  the  second
28        opinion  described  in  subsection  (c)  differs from the
29        opinion in  the  original  certification  provided  under
30        subsection  (a), the employer may require, at the expense
31        of the employer, that the employee obtain the opinion  of
32        a  third  health  care  provider  designated  or approved
33        jointly by the employer and the employee  concerning  the
34        information certified under subsection (b).
 
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 1             (2)  Finality.  The opinion of the third health care
 2        provider  concerning  the  information  certified   under
 3        subsection  (b) shall be considered to be final and shall
 4        be binding on the employer and the employee.
 5        (e) Subsequent recertification. The employer may  require
 6    that the eligible employee obtain subsequent recertifications
 7    on a  reasonable basis.

 8        Section 104. Employment and benefits protection.
 9        (a) Restoration to position.
10             (1)  In  general.  Except  as provided in subsection
11        (b), any eligible employee who takes leave under  Section
12        102  for  the  intended  purpose  of  the  leave shall be
13        entitled, on return from such leave:
14                  (A) to be  restored  by  the  employer  to  the
15             position of employment held by the employee when the
16             leave commenced; or
17                  (B)  to  be  restored to an equivalent position
18             with equivalent employment benefits, pay, and  other
19             terms and conditions of employment.
20             (2)  Loss  of  benefits.  The  taking of leave under
21        Section  102  shall  not  result  in  the  loss  of   any
22        employment benefit accrued prior to the date on which the
23        leave commenced.
24             (3)  Limitations.  Nothing  in this Section shall be
25        construed  to entitle any restored employee to:
26                  (A) the accrual of any seniority or  employment
27             benefits during any period of leave; or
28                  (B)   any   right,   benefit,  or  position  of
29             employment  other  than  any  right,   benefit,   or
30             position  to  which  the  employee  would  have been
31             entitled had the employee not taken the leave.
32             (4) Certification. As  a  condition  of  restoration
33        under  paragraph  (1) for an employee who has taken leave
 
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 1        under Section  102(a)(1)(D),  the  employer  may  have  a
 2        uniformly  applied  practice or policy that requires each
 3        such employee to receive certification  from  the  health
 4        care  provider of the employee  that the employee is able
 5        to resume work, except that nothing   in  this  paragraph
 6        shall   supersede  a  valid  State  or  local  law  or  a
 7        collective bargaining agreement that governs  the  return
 8        to work of such employees.
 9             (5)  Construction.  Nothing in this subsection shall
10        be construed to prohibit an employer  from  requiring  an
11        employee   on   leave   under   Section   102  to  report
12        periodically to the employer on the status and  intention
13        of the employee to return to work.
14        (b)   Exemption  concerning  certain  highly  compensated
15    employees.
16             (1) Denial of  restoration.  An  employer  may  deny
17        restoration under subsection (a) to any eligible employee
18        described in paragraph (2) if:
19                  (A)   such   denial  is  necessary  to  prevent
20             substantial and  grievous  economic  injury  to  the
21             operations of the employer;
22                  (B)  the  employer notifies the employee of the
23             intent of the employer to deny restoration  on  such
24             basis  at the time the employer determines that such
25             injury would occur; and
26                  (C)  in  any  case  in  which  the  leave   has
27             commenced,  the  employee  elects  not  to return to
28             employment after receiving such notice.
29             (2)  Affected  employees.   An   eligible   employee
30        described   in  paragraph  (1)  is  a  salaried  eligible
31        employee who is among the highest paid 10 percent of  the
32        employees employed by the employer within 75 miles of the
33        facility at which the employee is employed.
34        (c) Maintenance of health benefits.
 
                            -13-               LRB9202035WHdv
 1             (1)  Coverage.  Except as provided in paragraph (2),
 2        during any period that an eligible employee  takes  leave
 3        under  Section  102, the employer shall maintain coverage
 4        under any "group health  plan"  (as  defined  in  Section
 5        5000(b)(1)  of the Internal Revenue Code of 1986) for the
 6        duration of  such  leave  at  the  level  and  under  the
 7        conditions  coverage  would  have  been  provided  if the
 8        employee had continued in employment continuously for the
 9        duration of such leave.
10             (2) Failure to return from leave. The  employer  may
11        recover      the  premium  that  the  employer  paid  for
12        maintaining coverage for the employee  under  such  group
13        health  plan  during  any  period  of  unpaid leave under
14        Section 102 if:
15                  (A) the employee fails  to  return  from  leave
16             under Section 102 after the period of leave to which
17             the employee is entitled has expired; and
18                  (B)  the employee fails to return to work for a
19             reason other than:
20                       (i) the continuation, recurrence, or onset
21                  of a serious health condition that entitles the
22                  employee to leave under subparagraph (C) or (D)
23                  of Section 102(a)(1); or
24                       (ii)  other   circumstances   beyond   the
25                  control of the employee.
26             (3) Certification.
27                  (A)  Issuance.  An  employer may require that a
28             claim that  an employee is unable to return to  work
29             because of the continuation, recurrence, or onset of
30             the  serious health condition described in paragraph
31             (2)(B)(i) be supported by:
32                       (i) a certification issued by  the  health
33                  care  provider of the son, daughter, spouse, or
34                  parent  of the employee, as appropriate, in the
 
                            -14-               LRB9202035WHdv
 1                  case of an employee unable to  return  to  work
 2                  because  of  a  condition  specified in Section
 3                  102(a)(1)(C); or
 4                       (ii) a certification issued by the  health
 5                  care  provider of the eligible employee, in the
 6                  case of an employee unable to  return  to  work
 7                  because  of  a   condition specified in Section
 8                  102(a)(1)(D).
 9                  (B) Copy. The  employee  shall  provide,  in  a
10             timely  manner,  a copy of such certification to the
11             employer.
12                  (C) Sufficiency of certification.
13                       (i) Leave due to serious health  condition
14                  of    employee.  The certification described in
15                  subparagraph (A)(ii) shall be sufficient if the
16                  certification  states  that  a  serious  health
17                  condition prevented  the  employee  from  being
18                  able  to perform the functions of the  position
19                  of the employee on the date that the  leave  of
20                  the employee expired.
21                       (ii) Leave due to serious health condition
22                  of  family  member. The certification described
23                  in subparagraph (A)(i) shall be  sufficient  if
24                  the  certification  states that the employee is
25                  needed to care for the son,  daughter,  spouse,
26                  or parent who has a serious health condition on
27                  the   date  that  the  leave  of  the  employee
28                  expired.

29        Section 105. Prohibited Acts.
30        (a) Interference with rights.
31             (1) Exercise of rights. It shall be unlawful for any
32        employer  to  interfere  with,  restrain,  or  deny   the
33        exercise  of  or  the  attempt  to  exercise,  any  right
 
                            -15-               LRB9202035WHdv
 1        provided under this Article.
 2             (2)  Discrimination.  It  shall  be unlawful for any
 3        employer to discharge or in any other manner discriminate
 4        against any individual for  opposing  any  practice  made
 5        unlawful by this Article.
 6        (b)  Interference with proceedings or inquiries. It shall
 7    be unlawful for any person  to  discharge  or  in  any  other
 8    manner  discriminate  against  any  individual  because  such
 9    individual:
10             (1)  has  filed  any  charge,  or  has instituted or
11        caused to be instituted any proceeding, under or  related
12        to this Article;
13             (2)  has given, or is about to give, any information
14        in connection with any inquiry or proceeding relating  to
15        any right provided under this Article; or
16             (3)  has  testified,  or is about to testify, in any
17        inquiry or proceeding  relating  to  any  right  provided
18        under this Article.

19        Section 106. Investigative authority.
20        (a)  In general. To ensure compliance with the provisions
21    of this Article, or any  rule  or  order  issued  under  this
22    Article,  the Director shall have, subject to subsection (c),
23    the authority to investigate complaints.
24        (b) Obligation to keep and preserve records. Any employer
25    shall  make,  keep,  and  preserve  records   pertaining   to
26    compliance with this Article in accordance with rules adopted
27    by the Director.
28        (c)  Required  submissions generally limited to an annual
29    basis.  The Director shall not under the  authority  of  this
30    Section require any employer or any plan, fund, or program to
31    submit  to  the  Director any books or records more than once
32    during  any  12-month  period,  unless   the   Director   has
33    reasonable  cause  to  believe there may exist a violation of
 
                            -16-               LRB9202035WHdv
 1    this Article or any rule or order  issued  pursuant  to  this
 2    Article,  or  is  investigating a charge  pursuant to Section
 3    107(b).
 4        (d)  Subpoena   powers.   For   the   purposes   of   any
 5    investigation  provided  for  in  this  Section, the Director
 6    shall have the authority to issue subpoenas.

 7        Section 107. Enforcement.
 8        (a) Civil action by employees.
 9             (1) Liability. Any employer who violates Section 105
10        shall be liable to any eligible employee affected:
11                  (A) for damages equal to:
12                       (i) the amount of:
13                            (I)  any  wages,  salary,  employment
14                       benefits, or other compensation denied  or
15                       lost  to  such  employee  by reason of the
16                       violation; or
17                            (II)  in  a  case  in  which   wages,
18                       salary,   employment  benefits,  or  other
19                       compensation have not been denied or  lost
20                       to  the  employee,    any  actual monetary
21                       losses sustained  by  the  employee  as  a
22                       direct  result  of  the violation, such as
23                       the cost of providing care, up to   a  sum
24                       equal  to  12 weeks of wages or salary for
25                       the employee;
26                       (ii) the interest on the amount  described
27                  in   clause  (i)  calculated  at  the  rate  of
28                  interest on  judgments  set  forth  in  Section
29                  2-1303 of the Code of Civil Procedure; and
30                       (iii)  an  additional amount as liquidated
31                  damages    equal  to  the  sum  of  the  amount
32                  described  in  clause  (i)  and  the   interest
33                  described  in  clause  (ii),  except that if an
 
                            -17-               LRB9202035WHdv
 1                  employer who has violated Section 105 proves to
 2                  the satisfaction of the court that the  act  or
 3                  omission which violated Section 105 was in good
 4                  faith  and  that  the  employer  had reasonable
 5                  grounds for believing that the act or  omission
 6                  was  not a violation of Section 105, such court
 7                  may, in the discretion of the court, reduce the
 8                  amount of  the  liability  to  the  amount  and
 9                  interest determined under clauses (i) and (ii),
10                  respectively; and
11                  (B)   for  such  equitable  relief  as  may  be
12             appropriate,  including  employment,  reinstatement,
13             and promotion.
14             (2) Right  of  action.  An  action  to  recover  the
15        damages  or  equitable relief prescribed in paragraph (1)
16        may be  maintained  against  any  employer  (including  a
17        public  agency)  in  the circuit court by any one or more
18        employees for and in behalf of:
19                  (A) the employees; or
20                  (B) the employees and other employees similarly
21             situated.
22             (3) Fees and costs. The  court  in  such  an  action
23        shall,  in  addition  to  any  judgment  awarded  to  the
24        plaintiff,  allow a reasonable attorney's fee, reasonable
25        expert witness fees, and other costs of the action to  be
26        paid by the defendant.
27             (4) Limitations. The right provided by paragraph (2)
28        to  bring an action by or on behalf of any employee shall
29        terminate:
30                  (A)  on  the  filing  of  a  complaint  by  the
31             Director in an action under subsection (d) in  which
32             restraint  is  sought  of  any  further delay in the
33             payment of the amount described in paragraph  (1)(A)
34             to  such  employee by an employer  responsible under
 
                            -18-               LRB9202035WHdv
 1             paragraph (1) for the payment; or
 2                  (B)  on  the  filing  of  a  complaint  by  the
 3             Director in an action under subsection (b) in  which
 4             a  recovery  is  sought  of the damages described in
 5             paragraph (1)(A) owing to an eligible employee by an
 6             employer liable  under  paragraph  (1),  unless  the
 7             action  described  in  subparagraph  (A)  or  (B) is
 8             dismissed  without  prejudice  on  motion   of   the
 9             Director.
10        (b) Action by the Director.
11             (1)   Administrative   action.  The  Director  shall
12        receive, investigate, and attempt to  resolve  complaints
13        of violations of Section 105.
14             (2)  Civil  action. The Director may bring an action
15        in the circuit court to recover the damages  described in
16        subsection (a)(1)(A).
17             (3)  Sums  recovered.  Any  sums  recovered  by  the
18        Director pursuant to paragraph (2) shall  be  held  in  a
19        special  deposit  account  and shall be paid, on order of
20        the Director, directly to  each  employee  affected.  Any
21        such  sums  not paid to an  employee because of inability
22        to do so within a period of 3 years  shall  be  deposited
23        into the General Revenue Fund.
24        (c) Limitation.
25             (1) In general. Except as provided in paragraph (2),
26        an    action  may be brought under this Section not later
27        than  2  years  after  the  date  of   the   last   event
28        constituting  the  alleged violation for which the action
29        is brought.
30             (2) Willful violation. In the case  of  such  action
31        brought  for  a  willful  violation  of Section 105, such
32        action may be brought within 3 years of the date  of  the
33        last  event  constituting the alleged violation for which
34        such action is brought.
 
                            -19-               LRB9202035WHdv
 1             (3) Commencement. In determining when an  action  is
 2        commenced  by  the  Director  under  this Section for the
 3        purposes of this subsection, it shall be considered to be
 4        commenced on the date when the complaint is filed.
 5        (d) Action for injunction by Director. The circuit  court
 6    shall  have  jurisdiction,  for  cause  shown,  in  an action
 7    brought by the Director:
 8             (1) to restrain violations of Section 105, including
 9        the restraint of any withholding  of  payment  of  wages,
10        salary,  employment benefits, or other compensation, plus
11        interest,  found by the  court  to  be  due  to  eligible
12        employees; or
13             (2)  to  award such other equitable relief as may be
14        appropriate,  including  employment,  reinstatement,  and
15        promotion.

16        Section 108.  Special rules concerning employees of local
17    educational agencies.
18        (a) Application.
19             (1) In general. Except as otherwise provided in this
20        Section, the rights (including the rights  under  Section
21        104, which shall extend throughout the period of leave of
22        any   employee   under    this  Section),  remedies,  and
23        procedures under this Article shall apply to:
24                  (A) any "local educational agency" (as  defined
25             in  Section 1471(12) of the Elementary and Secondary
26             Education Act of 1965 (20 U.S.C. 2891(12)))  and  an
27             eligible employee of the agency; and
28                  (B)  any private elementary or secondary school
29             and an eligible employee of the school.
30             (2)  Definitions. For purposes  of  the  application
31        described  in paragraph (1):
32                  (A)   Eligible  employee.  The  term  "eligible
33             employee" means an eligible employee of an agency or
 
                            -20-               LRB9202035WHdv
 1             school described in paragraph (1).
 2                  (B) Employer.  The  term  "employer"  means  an
 3             agency or school described in paragraph (1).
 4        (b)  Leave does not violate certain other federal laws. A
 5    local  educational  agency  and  a  private   elementary   or
 6    secondary school shall not be in violation of the Individuals
 7    with  Disabilities  Education  Act  (20 U.S.C. 1400 et seq.),
 8    Section 504 of the Rehabilitation  Act  of  1973  (29  U.S.C.
 9    794), or title VI of the  Civil Rights Act of 1964 (42 U.S.C.
10    2000d et seq.), solely as a result of an eligible employee of
11    such  agency or school exercising the rights of such employee
12    under this Article.
13        (c) Intermittent leave or leave on a reduced schedule for
14    instructional employees.
15             (1) In general. Subject to  paragraph  (2),  in  any
16        case  in  which an eligible employee employed principally
17        in an instructional  capacity  by  any  such  educational
18        agency or school requests leave under subparagraph (C) or
19        (D)  of  Section  102(a)(1)  that is foreseeable based on
20        planned medical  treatment and the employee would  be  on
21        leave for greater than  20 percent of the total number of
22        working  days  in the period during which the leave would
23        extend, the  agency  or  school  may  require  that  such
24        employee elect either:
25                  (A)  to  take leave for periods of a particular
26             duration, not to exceed the duration of the  planned
27             medical  treatment; or
28                  (B)  to  transfer  temporarily  to an available
29             alternative position offered  by  the  employer  for
30             which the employee is qualified, and that:
31                       (i) has equivalent pay and benefits; and
32                       (ii) better accommodates recurring periods
33                  of  leave  than the regular employment position
34                  of the employee.
 
                            -21-               LRB9202035WHdv
 1             (2)  Application.   The   elections   described   in
 2        subparagraphs  (A)  and  (B) of paragraph (1) shall apply
 3        only with respect to an eligible  employee  who  complies
 4        with Section 102(e)(2).
 5        (d) Rules applicable to periods near the conclusion of an
 6    academic  term.  The following rules shall apply with respect
 7    to periods of leave near the conclusion of an  academic  term
 8    in the  case of any eligible employee employed principally in
 9    an  instructional  capacity by any such educational agency or
10    school:
11             (1) Leave more than 5 weeks prior to end of term. If
12        the eligible employee begins leave under Section 102 more
13        than 5 weeks prior to the end of the academic  term,  the
14        agency  or  school  may  require the employee to continue
15        taking leave until the end of such term, if:
16                  (A) the leave is of at least 3 weeks  duration;
17             and
18                  (B) the return to employment would occur during
19             the  3-week period before the end of such term.
20             (2) Leave less than 5 weeks prior to end of term. If
21        the  eligible  employee  begins  leave under subparagraph
22        (A), (B), or (C) of Section 102(a)(1) during  the  period
23        that  commences  5 weeks prior to the end of the academic
24        term, the agency or school may require  the  employee  to
25        continue taking leave until the end of such term, if:
26                  (A)  the  leave  is  of  greater  than  2 weeks
27             duration; and
28                  (B) the return to employment would occur during
29             the  2-week period before the end of such term.
30             (3) Leave less than 3 weeks prior to end of term. If
31        the eligible employee  begins  leave  under  subparagraph
32        (A),  (B),  or (C) of Section 102(a)(1) during the period
33        that commences 3 weeks prior to the end of  the  academic
34        term  and  the  duration  of  the leave is greater than 5
 
                            -22-               LRB9202035WHdv
 1        working days,  the  agency  or  school  may  require  the
 2        employee to continue to take leave until the  end of such
 3        term.
 4        (e)  Restoration  to  equivalent employment position. For
 5    purposes    of  determinations  under  Section   104(a)(1)(B)
 6    (relating  to  the  restoration of an eligible employee to an
 7    equivalent position), in the  case  of  a  local  educational
 8    agency  or  a  private  elementary  or secondary school, such
 9    determination shall be  made  on  the  basis  of  established
10    school  board policies and practices, private school policies
11    and practices, and collective bargaining agreements.
12        (f) Reduction of the amount  of  liability.  If  a  local
13    educational  agency  or  a  private  elementary  or secondary
14    school  that  has    violated  this  Article  proves  to  the
15    satisfaction of the  court  that    the  agency,  school,  or
16    department  had  reasonable  grounds  for  believing that the
17    underlying act or omission was  not  a  violation    of  this
18    Article,  such  court  may,  in  the discretion of the court,
19    reduce the amount of the liability provided for under Section
20    107(a)(1)(A) to the  amount  and  interest  determined  under
21    clauses (i) and (ii), respectively, of such Section.

22        Section 109. Notice.
23        (a) In general. Each employer shall post and keep posted,
24    in  conspicuous  places on the premises of the employer where
25    notices  to  employees  and  applicants  for  employment  are
26    customarily posted, a notice, to be prepared or  approved  by
27    the  Director,  setting forth excerpts from, or summaries of,
28    the pertinent provisions  of  this  Article  and  information
29    pertaining to the filing of a charge.
30        (b)  Penalty.  Any  employer that willfully violates this
31    Section  may be assessed a civil money penalty not to  exceed
32    $100 for each separate offense.
 
                            -23-               LRB9202035WHdv
 1                         ARTICLE II. (BLANK)

 2                         ARTICLE III.(BLANK)

 3                ARTICLE IV. MISCELLANEOUS PROVISIONS

 4        Section 401. Effect on other laws.
 5        (a) Federal and State antidiscrimination laws. Nothing in
 6    this   Act shall be construed to modify or affect any Federal
 7    or State law prohibiting discrimination  on    the  basis  of
 8    race,   religion,   color,  national  origin,  sex,  age,  or
 9    disability.
10        (b) State and local laws. Nothing in this  Act  shall  be
11    construed  to  supersede  any provision of any State or local
12    law that provides greater family or medical leave rights than
13    the rights established under this Act.

14        Section 402. Effect on existing employment benefits.
15        (a)  More  protective.  Nothing  in  this  Act  shall  be
16    construed to diminish the obligation of an employer to comply
17    with any collective bargaining agreement  or  any  employment
18    benefit  program  or  plan  that  provides  greater family or
19    medical leave rights to employees than the rights established
20    under this Act.
21        (b) Less protective. The rights established for employees
22    under this Act shall not  be  diminished  by  any  collective
23    bargaining  agreement  or  any  employment benefit program or
24    plan.

25        Section  403.  Encouragement  of  more   generous   leave
26    policies.   Nothing   in  this  Act  shall  be  construed  to
27    discourage  employers  from  adopting  or   retaining   leave
28    policies more generous than any policies that comply with the
29    requirements under this Act.
 
                            -24-               LRB9202035WHdv
 1        Section  404.  Rules.  The  Director shall prescribe such
 2    rules as are necessary to carry out this Act not  later  than
 3    120 days after the effective date of of this Act.

 4        Section 404.1.  Applicability.
 5        (1)  In  the case of a collective bargaining agreement in
 6    effect on the effective date of this  Act,  Article  I  shall
 7    apply on the earlier of:
 8             (A)  the  date of the termination of such agreement;
 9        or
10             (B)  the  date  that  occurs  12  months  after  the
11        effective date of this Act.
12        (2)  Nothing in this Act shall be construed to limit  the
13    applicability  of the federal Family and Medical Leave Act of
14    1993 with regard to employers and employees covered  by  that
15    Act.

16        Section 405. Effective date.   This Act shall take effect
17    6 months after  it becomes law.

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