SB3257 99TH GENERAL ASSEMBLY

LRB099 19973 JLS 44372 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3257

Introduced 2/19/2016, by Sen. Wm. Sam McCann

SYNOPSIS AS INTRODUCED:

820 ILCS 151/15

Amends the Family Military Leave Act. Provides that when a employee exercises rights under the Act, the employee and employer may negotiate for all or part of the employee's benefits to be at the employer's expense, rather than negotiate for the employer to maintain those benefits at the employer's expense.

A BILL FOR

AN ACT concerning employment.

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

Section 5. The Family Military Leave Act is amended by changing Section 15 as follows:

(820 ILCS 151/15)

Sec. 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 all or part of the employer's expense for the duration of the leave.

(Source: P.A. 94-589, eff. 8-15-05.)