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Public Act 094-0589 |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Family | ||||
Military Leave Act . | ||||
Section 5. Definitions. In this Act: | ||||
"Employee" means any person who may be permitted, required, | ||||
or directed by an employer in consideration of direct or | ||||
indirect gain or profit to engage in any employment. "Employee" | ||||
does include an independent contractor. "Employee" includes an | ||||
employee of a covered employer who has been employed by the | ||||
same employer for at least 12 months, and has been employed for | ||||
at least 1,250 hours of service during the 12-month period | ||||
immediately preceding the commencement of the leave. | ||||
"Employee benefits" means all benefits, other than salary | ||||
and wages, provided or made available to employees by an | ||||
employer and includes group life insurance, health insurance, | ||||
disability insurance and pensions, regardless of whether | ||||
benefits are provided by a policy or practice of an employer. | ||||
"Employer" means (1) any person, partnership, corporation, | ||||
association, or other business entity; and (2) the State of | ||||
Illinois, municipalities and other units of local government. | ||||
"Family military leave" means leave requested by an | ||||
employee who is the spouse or parent of a person called to | ||||
military service lasting longer than 30 days with the State or | ||||
United States pursuant to the orders of the Governor or the | ||||
President of the United States. | ||||
Section 10. Family Military Leave Requirement. | ||||
(a) Any employer, as defined in Section 5 of this Act, that | ||||
employs between 15 and 50 employees shall provide up to 15 days | ||||
of unpaid family military leave to an employee during the time |
federal or State deployment orders are in effect, subject to | ||
the conditions set forth in this Section. Family military leave | ||
granted under this Act may consist of unpaid leave. | ||
(b) An employer, as defined in Section 5 of this Act, that | ||
employs more than 50 employees shall provide up to 30 days of | ||
unpaid family military leave to an employee during the time | ||
federal or State deployment orders are in effect, subject to | ||
the conditions set forth in this Section. Family military leave | ||
granted under this Act may consist of unpaid leave. | ||
(c) The employee shall give at least 14 days notice of the | ||
intended date upon which the family military leave will | ||
commence if leave will consist of 5 or more consecutive work | ||
days. Where able, the employee shall consult with the employer | ||
to schedule the leave so as to not unduly disrupt the | ||
operations of the employer. Employees taking military family | ||
leave for less than 5 consecutive days shall give the employer | ||
advanced notice as is practicable. The employer may require | ||
certification from the proper military authority to verify the | ||
employee's eligibility for the family military leave | ||
requested. | ||
(d) An employee shall not take leave as provided under this | ||
Act unless he or she has exhausted all accrued vacation leave, | ||
personal leave, compensatory leave, and any other leave that | ||
may be granted to the employee, except sick leave and | ||
disability leave. | ||
Section 15. Employee benefits protection. | ||
(a) Any employee who exercises the right to family military | ||
leave under this Act, upon expiration of the leave, shall be | ||
entitled to be restored by the employer to the position held by | ||
the employee when the leave commenced or to a position with | ||
equivalent seniority status, employee benefits, pay and other | ||
terms and conditions of employment. This Section does not apply | ||
if the employer proves that the employee was not restored as | ||
provided in this Section because of conditions unrelated to the | ||
employee's exercise of rights under this Act. |
(b) During any family military leave taken under this Act, | ||
the employer shall make it possible for employees to continue | ||
their benefits at the employee's expense. The employer and | ||
employee may negotiate for the employer to maintain benefits at | ||
the employer's expense for the duration of the leave. | ||
Section 20. Effect on existing employee benefits. | ||
(a) Taking family military leave under this Act shall not | ||
result in the loss of any employee benefit accrued before the | ||
date on which the leave commenced. | ||
(b) Nothing in this Act shall be construed to affect an | ||
employer's obligation to comply with any collective bargaining | ||
agreement or employee benefit plan that provides greater leave | ||
rights to employees than the rights provided under this Act. | ||
(c) The family military leave rights provided under this | ||
Act shall not be diminished by any collective bargaining | ||
agreement or employee benefit plan. | ||
(d) Nothing in this Act shall be construed to affect or | ||
diminish the contract rights or seniority status of any other | ||
employee of any employer covered under this Act. | ||
Section 25. Prohibited acts. | ||
(a) An employer shall not interfere with, restrain, or deny | ||
the exercise or the attempt to exercise any right provided | ||
under this Act. | ||
(b) An employer shall not discharge, fine, suspend, expel, | ||
discipline or in any other manner discriminate against any | ||
employee that exercises any right provided under this Act. | ||
(c) An employer shall not discharge, fine, suspend, expel, | ||
discipline or in any other manner discriminate against any | ||
employee for opposing any practice made unlawful by this Act. | ||
Section 30. Enforcement. A civil action may be brought in | ||
the circuit court having jurisdiction by an employee to enforce | ||
this Act. The circuit court may enjoin any act or practice that | ||
violates or may violate this Act and may order any other |
equitable relief that is necessary and appropriate to redress | ||
the violation or to enforce this Act.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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