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Public Act 094-0589


 

Public Act 0589 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0589
 
SB1627 Enrolled LRB094 10133 RXD 40395 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/15/2005