94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1627

 

Introduced 2/23/2005, by Sen. Carol Ronen

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Family Military Leave Act. Provides that every employee who has been employed by the same employer for 12 consecutive months shall be entitled to up to 30 days of family military leave during the time federal or State deployment orders are in effect, subject to certain conditions. Provides that 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. Provides that any employee who exercises the right to family military leave under the 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. Provides that during any family military leave taken under the Act, the employer shall make it possible for employees to continue their benefits at the employee's expense. Prohibits certain actions by the employer. Provides that a civil action may be brought in the circuit court having jurisdiction by an employee to enforce the Act. Effective immediately.


LRB094 10133 RXD 40395 b

 

 

A BILL FOR

 

SB1627 LRB094 10133 RXD 40395 b

1     AN ACT concerning employment.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the Family
5 Military Leave Act.
 
6     Section 5. Definitions. In this Act:
7     "Employee" means any person who may be permitted, required,
8 or directed by an employer in consideration of direct or
9 indirect gain or profit to engage in any employment. "Employer"
10 does include an independent contractor.
11     "Employee benefits" means all benefits, other than salary
12 and wages, provided or made available to employees by an
13 employer and includes group life insurance, health insurance,
14 disability insurance and pensions, regardless of whether
15 benefits are provided by a policy or practice of an employer.
16     "Employer" means (1) any person, sole proprietorship,
17 partnership, corporation, association or other business entity
18 that employs 15 or more employees in the State; and (2) the
19 State of Illinois, municipalities and other units of local
20 government.
21     "Family military leave" means leave requested by an
22 employee who is the spouse or parent of a person called to
23 military service lasting longer than 30 days with the State or
24 United States pursuant to the orders of the Governor or the
25 President of the United States.
 
26     Section 10. Family Military Leave Requirement.
27     (a) Every employee who has been employed by the same
28 employer for 12 consecutive months shall be entitled to up to
29 30 days of family military leave during the time federal or
30 State deployment orders are in effect, subject to the
31 conditions set forth in this Section. Family military leave

 

 

SB1627 - 2 - LRB094 10133 RXD 40395 b

1 granted under this Act may consist of unpaid leave.
2     (b) The employee shall give at least 14 days notice of the
3 intended date upon which the family military leave will
4 commence if leave will consist of 5 or more consecutive work
5 days. Employees taking military family leave for less than 5
6 consecutive days shall give the employer advanced notice as is
7 practicable. The employer may require certification from the
8 proper military authority to verify the employee's eligibility
9 for the family military leave requested.
 
10     Section 15. Employee benefits protection.
11     (a) Any employee who exercises the right to family military
12 leave under this Act, upon expiration of the leave, shall be
13 entitled to be restored by the employer to the position held by
14 the employee when the leave commenced or to a position with
15 equivalent seniority status, employee benefits, pay and other
16 terms and conditions of employment. This Section does not apply
17 if the employer proves that the employee was not restored as
18 provided in this Section because of conditions unrelated to the
19 employee's exercise of rights under this Act.
20     (b) During any family military leave taken under this Act,
21 the employer shall make it possible for employees to continue
22 their benefits at the employee's expense. The employer and
23 employee may negotiate for the employer to maintain benefits at
24 the employer's expense for the duration of the leave.
 
25     Section 20. Effect on existing employee benefits.
26     (a) Taking family military leave under this Act shall not
27 result in the loss of any employee benefit accrued before the
28 date on which the leave commenced.
29     (b) Nothing in this Act shall be construed to affect an
30 employer's obligation to comply with any collective bargaining
31 agreement or employee benefit plan that provides greater leave
32 rights to employees than the rights provided under this Act.
33     (c) The family military leave rights provided under this
34 Act shall not be diminished by any collective bargaining

 

 

SB1627 - 3 - LRB094 10133 RXD 40395 b

1 agreement or employee benefit plan.
2     (d) Nothing in this Act shall be construed to affect or
3 diminish the contract rights or seniority status of any other
4 employee of any employer covered under this Act.
 
5     Section 25. Prohibited acts.
6     (a) An employer shall not interfere with, restrain, or deny
7 the exercise or the attempt to exercise any right provided
8 under this Act.
9     (b) An employer shall not discharge, fine, suspend, expel,
10 discipline or in any other manner discriminate against any
11 employee that exercises any right provided under this Act.
12     (c) An employer shall not discharge, fine, suspend, expel,
13 discipline or in any other manner discriminate against any
14 employee for opposing any practice made unlawful by this Act.
 
15     Section 30. Enforcement. A civil action may be brought in
16 the circuit court having jurisdiction by an employee to enforce
17 this Act. The circuit court may enjoin any act or practice that
18 violates or may violate this Act and may order any other
19 equitable relief that is necessary and appropriate to redress
20 the violation or to enforce this Act.
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.