102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3433

 

Introduced 2/22/2021, by Rep. Bob Morgan

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Paid Family Leave Program Act. Directs the Department of Employment Security to create a paid family leave program. Provides for premium contributions by both employees and employers. Provides that employees may take paid leave from employment for medical reasons on behalf of themselves and to provide care for family members with a serious medical condition. Allows for paid leave to bond with newborn and newly adopted children. Establishes computation of benefit amounts and contributions by employees and employers toward the cost of the program. Contains provisions regarding the administration of the program. Defines terms.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Paid
5Family Leave Program Act.
 
6    Section 5. Definitions. In this Act:
7    "Department" means the Department of Employment Security.
8    "Employee" means any individual permitted to work by an
9employer.
10    "Employer" means an individual, partnership, corporation,
11association, business, trust, person, or entity for whom
12employees are gainfully employed in Illinois and includes the
13State of Illinois, any state officer, department, or agency,
14any unit of local government, and any school district.
 
15    Section 10. Paid family leave program.
16    (a) The Department shall establish and administer a
17program that makes it possible for employees in Illinois to
18take paid leave from employment for medical reasons on behalf
19of themselves and to provide care for family members with a
20serious medical condition. The program shall also provide for
21paid leave to bond with newborn and newly adopted children.
22    (b) The Department shall collect, manage, and distribute

 

 

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1premium proceeds from any fund created under this Act.
2    (c) The Department shall report annually to the General
3Assembly regarding the effectiveness and financial condition
4of the program established under this Act.
5    (d) The Department shall develop a process for application
6and for verification of leave with employers. The system shall
7provide that the Department shall make a determination on the
8validity of a claim within 14 days after receiving the claim
9and notify the applicant of the Department's determination
10within 24 hours after the determination is made. Denial of an
11application shall be in writing. The Department shall
12establish an appeal process that complies with the Illinois
13Administrative Procedure Act.
14    (e) The Department shall adopt and enforce rules necessary
15for the implementation of this Act. The rules shall, at a
16minimum, establish penalties for fraudulent claims and
17noncompliance with the Act and rules. The rules shall also
18provide for back pay and other relief if an employee is damaged
19by an employer's violation of the program requirements.
20    (f) The program must comply with all provisions of this
21Act.
 
22    Section 15. Application process. The Department shall
23create and publicize the application process for the paid
24family leave program.
 

 

 

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1    Section 20. Minimum requirements. The program must, at a
2minimum, provide for the payment of premiums by persons
3eligible for the program. In addition to other requirements
4established by the Department, an eligible person must have
5been continuously employed and paying premiums for 3
6consecutive months before collecting benefits.
 
7    Section 25. Cooperation with employers.
8    (a) The Department shall work with employers having more
9than 50 employees to establish a mechanism for collecting
10family leave premiums.
11    (b) Employees and employers shall share the cost of the
12program. Employees shall contribute 0.26% of their wages. An
13employee's contribution shall not apply to wages in excess of
14$134,900 per year. Employers shall contribute a percentage of
15employees' wages as determined by rule. The employer
16contribution shall be at least 0.10% but not more than 0.75% of
17the employee's wages. An employer's contribution shall not
18apply to an employee's wages in excess of $35,300 per year.
 
19    Section 30. Benefit amount calculation. The benefit amount
20under this Act shall be based upon the employee's average
21weekly income. The benefit shall be calculated by dividing the
22employee's gross income for the 12 months before making
23application for leave by the number of weeks the employee
24worked during that 12-month period.
 

 

 

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1    Section 35. Leave additional to other benefits. Leave
2available under the program shall be in addition to any sick
3leave otherwise available to the employee. Leave under this
4Act must be provided in addition to any leave otherwise
5available under the employer's leave policy.
 
6    Section 40. Return to work. Upon return to work after a
7leave subject to this Act, an employee must be restored to the
8position held before taking leave or provided a position with
9benefits, wages, and terms equal to or better than the
10employee's prior position.
 
11    Section 45. Disclosure of reason for leave prohibited.
12    (a) An employer may not disclose any information about
13employees' need for leave related to their health, a family
14member's health, domestic abuse, or sexual assault or
15harassment case related to an employee's need for leave.
16    (b) An employer may not require employees to disclose the
17information specified in subsection (a) as a condition of
18using paid leave.