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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. "Employee" does not include full-time employees
17of the State of Illinois, except for those employees who are
18not otherwise eligible for family responsibility leave or a
19leave of absence without pay.
20    "Employer" means a large employer or a small employer.
21    "Large employer" means a person or entity, other than the
22federal government or an agency of the federal government,
23that employs 250 or more employees on a full-time basis in



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2    "Small employer" means a person or entity, other than the
3federal government or an agency of the federal government,
4that employs at least 50 but fewer than 250 employees on a
5full-time basis in Illinois.
6    Section 10. Leave.
7    (a) An employee of a large employer is entitled to use a
8maximum of 12 weeks of unpaid leave if the employee
9experiences the loss of a child by suicide or homicide.
10    (b) An employee of a small employer is entitled to use a
11maximum of 6 weeks of unpaid leave if the employee experiences
12the loss of a child by suicide or homicide.
13    (c) Leave under subsection (a) or (b) may be taken in a
14single continuous period or intermittently in increments of no
15less than 4 hours, but leave must be completed within one year
16after the employee notifies the employer of the loss.
17    (d) An employer may require reasonable advance notice of
18the employee's intention to take leave, unless providing such
19notice is not reasonable and practicable.
20    (e) An employer may require reasonable documentation.
21Documentation may include a death certificate, a published
22obituary, or written verification of death, burial, or
23memorial services from a mortuary, funeral home, burial
24society, crematorium, religious institution, or government
25agency. An employer may require that the documentation include



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



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



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



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1employees under this Act. The Department may bring any legal
2action necessary to recover the amount of unpaid wages,
3damages, and penalties, and the employer shall be required to
4pay the costs. Any sums recovered by the Department on behalf
5of an employee under this Act shall be paid to the employee or
6employees affected.
7    (c) The Attorney General may bring an action to enforce
8the collection of any civil penalty imposed under this Act.
9    Section 35. Enforcement.
10    (a) An employee who believes his or her rights under this
11Act or any rule adopted under this Act have been violated may,
12within one year after the date of the last event constituting
13the alleged violation for which the action is brought, file a
14complaint with the Department or file a civil action.
15    (b) An employer that violates any provision of this Act or
16any rule adopted under this Act is subject to a civil penalty
17for each employee affected as follows:
18        (1) for a first offense, a civil penalty not to exceed
19    $500;
20        (2) for a second or subsequent offense, a civil
21    penalty not to exceed $1,000.
22    (c) A civil action may be brought in the circuit court by
23an employee to enforce this Act. The circuit court may enjoin
24any act or practice that violates or may violate this Act and
25may order any other equitable relief that is necessary and



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1appropriate to redress the violation or to enforce the Act.
2    Section 40. Use of other leave laws. This Act does not
3extend the maximum period of leave to which an employee is
4entitled under the federal Family and Medical Leave Act of
51993 or under any other paid or unpaid leave provided under
6federal, State or local law, a collective bargaining
7agreement, or an employment benefits program or plan.
8    Section 90. The Child Bereavement Leave Act is amended by
9adding Section 35 as follows:
10    (820 ILCS 154/35 new)
11    Sec. 35. Other law. A person who uses leave under the Child
12Extended Bereavement Leave Act because of the death of a child
13may not take leave under this Act because of the death of the
14same child.