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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; references to Act.
5    (a) This Act may be cited as the Child Extended
6Bereavement Leave Act.
7    (b) This Act may be referred to as Zachary's Parent
8Protection Act.
9    Section 5. Definitions. In this Act:
10    "Child" means an employee's biological, adopted, or foster
11child, a stepchild, a legal ward, or a child of a person
12standing in loco parentis.
13    "Department" means the Department of Labor.
14    "Employee" means a full-time employee of a large employer
15or a small employer who has worked for that employer for at
16least 2 weeks.
17    "Employer" means a large employer or a small employer.
18    "Large employer" means a person or entity, other than the
19federal government or an agency of the federal government,
20that employs 250 or more employees on a full-time basis in
22    "Small employer" means a person or entity, other than the
23federal government or an agency of the federal government,



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1that employs at least 50 but fewer than 250 employees on a
2full-time basis in Illinois.
3    Section 10. Leave.
4    (a) An employee of a large employer is entitled to use a
5maximum of 12 weeks of unpaid leave if the employee
6experiences the loss of a child by suicide or homicide.
7    (b) An employee of a small employer is entitled to use a
8maximum of 6 weeks of unpaid leave if the employee experiences
9the loss of a child by suicide or homicide.
10    (c) Leave under subsection (a) or (b) may be taken in a
11single continuous period or intermittently in increments of no
12less than 4 hours, but leave must be completed within one year
13after the employee notifies the employer of the loss.
14    (d) An employer may require reasonable advance notice of
15the employee's intention to take leave, unless providing such
16notice is not reasonable and practicable.
17    (e) An employer may require reasonable documentation.
18Documentation may include a death certificate, a published
19obituary, or written verification of death, burial, or
20memorial services from a mortuary, funeral home, burial
21society, crematorium, religious institution, or government
22agency. An employer may require that the documentation include
23the cause of death.
24    Section 15. Existing leave usable for bereavement. An



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1employee who is entitled to take paid or unpaid leave
2(including family, medical, sick, annual, personal, or similar
3leave) from employment, pursuant to federal, State, or local
4law, a collective bargaining agreement, or an employment
5benefits program or plan may elect to substitute any period of
6such leave for an equivalent period of leave provided under
7this Act.
8    Section 20. Protections.
9    (a) An employee who takes leave under this Act is
10entitled, on return from such leave:
11        (1) to be restored by the employer to the position of
12    employment held by the employee when the leave commenced;
13    or
14        (2) to be restored to an equivalent position with
15    equivalent employment benefits, pay, and other terms and
16    conditions of employment.
17    (b) The taking of leave under this Act shall not result in
18the loss of any employment benefit accrued prior to the date on
19which the leave commenced.
20    (c) Nothing in this Act shall be construed to entitle any
21restored employee to:
22        (1) the accrual of any seniority or employment
23    benefits during any period of leave; or
24        (2) any right, benefit, or position of employment
25    other than any right, benefit, or position to which the



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1    employee would have been entitled had the employee not
2    taken the leave.
3    Section 25. Unlawful employer practices.
4    (a) It is unlawful for any employer to take any adverse
5action against an employee because the employee:
6        (1) exercises rights or attempts to exercise rights
7    under this Act;
8        (2) opposes practices which such employee believes to
9    be in violation of this Act; or
10        (3) supports the exercise of rights of another under
11    this Act.
12    (b) Exercising rights under this Act includes:
13        (1) filing an action or instituting or causing to be
14    instituted any proceeding under or related to this Act;
15        (2) providing or agreeing to provide any information
16    in connection with any inquiry or proceeding relating to
17    any right provided under this Act; or
18        (3) testifying to or agreeing to testify in any
19    inquiry or proceeding relating to any right provided under
20    this Act.
21    Section 30. Department responsibilities.
22    (a) The Department shall administer and enforce this Act
23and adopt rules under the Illinois Administrative Procedure
24Act for the administration and enforcement of this Act. The



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1Department has the powers and the parties have the rights
2provided in the Illinois Administrative Procedure Act for
3contested cases. The Department has the power to conduct
4investigations in connection with the administration and
5enforcement of this Act, including the power to conduct
6depositions and discovery and to issue subpoenas. After
7concluding its investigation, the Director shall notify all
8parties of the determination. The Director shall issue a
9notice of violation when the investigation has established
10that a violation of any part of this Act occurred or is
11occurring. The Department shall serve notice on the parties by
12certified U.S. mail, postage prepaid, return receipt
13requested, addressed to the last known address of the parties.
14Within 20 days after the date of service, a party may request a
15hearing by certified mail or personal delivery to the
16Department. Hearings shall be conducted pursuant to the
17provisions of Article 10 of the Illinois Administrative
18Procedure Act and the Department's rules of procedure in
19administrative hearings set forth in 56 Ill. Adm. Code 120.
20    (b) The Department is authorized to impose civil penalties
21in administrative proceedings that comply with the Illinois
22Administrative Procedure Act and to supervise the payment of
23the unpaid wages and damages owing to the employee or
24employees under this Act. The Department may bring any legal
25action necessary to recover the amount of unpaid wages,
26damages, and penalties, and the employer shall be required to



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1pay the costs. Any sums recovered by the Department on behalf
2of an employee under this Act shall be paid to the employee or
3employees affected.
4    (c) The Attorney General may bring an action to enforce
5the collection of any civil penalty imposed under this Act.
6    Section 35. Enforcement.
7    (a) An employee who believes his or her rights under this
8Act or any rule adopted under this Act have been violated may,
9within one year after the date of the last event constituting
10the alleged violation for which the action is brought, file a
11complaint with the Department or file a civil action.
12    (b) An employer that violates any provision of this Act or
13any rule adopted under this Act is subject to a civil penalty
14for each employee affected as follows:
15        (1) for a first offense, a civil penalty not to exceed
16    $500;
17        (2) for a second or subsequent offense, a civil
18    penalty not to exceed $1,000.
19    (c) A civil action may be brought in the circuit court by
20an employee to enforce this Act. The circuit court may enjoin
21any act or practice that violates or may violate this Act and
22may order any other equitable relief that is necessary and
23appropriate to redress the violation or to enforce the Act.
24    Section 40. Use of other leave laws. This Act does not



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1extend the maximum period of leave to which an employee is
2entitled under the federal Family and Medical Leave Act of
31993 or under any other paid or unpaid leave provided under
4federal, State or local law, a collective bargaining
5agreement, or an employment benefits program or plan.
6    Section 90. The Child Bereavement Leave Act is amended by
7adding Section 35 as follows:
8    (820 ILCS 154/35 new)
9    Sec. 35. Other law. A person who uses leave under the Child
10Extended Bereavement Leave Act because of the death of a child
11may not take leave under this Act because of the death of the
12same child.