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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. "Employee"
10 does include an independent contractor. "Employee" includes an
11 employee of a covered employer who has been employed by the
12 same employer for at least 12 months, and has been employed for
13 at least 1,250 hours of service during the 12-month period
14 immediately preceding the commencement of the leave.
15     "Employee benefits" means all benefits, other than salary
16 and wages, provided or made available to employees by an
17 employer and includes group life insurance, health insurance,
18 disability insurance and pensions, regardless of whether
19 benefits are provided by a policy or practice of an employer.
20     "Employer" means (1) any person, partnership, corporation,
21 association, or other business entity; and (2) the State of
22 Illinois, municipalities and other units of local government.
23     "Family military leave" means leave requested by an
24 employee who is the spouse or parent of a person called to
25 military service lasting longer than 30 days with the State or
26 United States pursuant to the orders of the Governor or the
27 President of the United States.
 
28     Section 10. Family Military Leave Requirement.
29     (a) Any employer, as defined in Section 5 of this Act, that
30 employs between 15 and 50 employees shall provide up to 15 days
31 of unpaid family military leave to an employee during the time

 

 

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1 federal or State deployment orders are in effect, subject to
2 the conditions set forth in this Section. Family military leave
3 granted under this Act may consist of unpaid leave.
4     (b) An employer, as defined in Section 5 of this Act, that
5 employs more than 50 employees shall provide up to 30 days of
6 unpaid family military leave to an employee during the time
7 federal or State deployment orders are in effect, subject to
8 the conditions set forth in this Section. Family military leave
9 granted under this Act may consist of unpaid leave.
10     (c) The employee shall give at least 14 days notice of the
11 intended date upon which the family military leave will
12 commence if leave will consist of 5 or more consecutive work
13 days. Where able, the employee shall consult with the employer
14 to schedule the leave so as to not unduly disrupt the
15 operations of the employer. Employees taking military family
16 leave for less than 5 consecutive days shall give the employer
17 advanced notice as is practicable. The employer may require
18 certification from the proper military authority to verify the
19 employee's eligibility for the family military leave
20 requested.
21     (d) An employee shall not take leave as provided under this
22 Act unless he or she has exhausted all accrued vacation leave,
23 personal leave, compensatory leave, and any other leave that
24 may be granted to the employee, except sick leave and
25 disability leave.
 
26     Section 15. Employee benefits protection.
27     (a) Any employee who exercises the right to family military
28 leave under this Act, upon expiration of the leave, shall be
29 entitled to be restored by the employer to the position held by
30 the employee when the leave commenced or to a position with
31 equivalent seniority status, employee benefits, pay and other
32 terms and conditions of employment. This Section does not apply
33 if the employer proves that the employee was not restored as
34 provided in this Section because of conditions unrelated to the
35 employee's exercise of rights under this Act.

 

 

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1     (b) During any family military leave taken under this Act,
2 the employer shall make it possible for employees to continue
3 their benefits at the employee's expense. The employer and
4 employee may negotiate for the employer to maintain benefits at
5 the employer's expense for the duration of the leave.
 
6     Section 20. Effect on existing employee benefits.
7     (a) Taking family military leave under this Act shall not
8 result in the loss of any employee benefit accrued before the
9 date on which the leave commenced.
10     (b) Nothing in this Act shall be construed to affect an
11 employer's obligation to comply with any collective bargaining
12 agreement or employee benefit plan that provides greater leave
13 rights to employees than the rights provided under this Act.
14     (c) The family military leave rights provided under this
15 Act shall not be diminished by any collective bargaining
16 agreement or employee benefit plan.
17     (d) Nothing in this Act shall be construed to affect or
18 diminish the contract rights or seniority status of any other
19 employee of any employer covered under this Act.
 
20     Section 25. Prohibited acts.
21     (a) An employer shall not interfere with, restrain, or deny
22 the exercise or the attempt to exercise any right provided
23 under this Act.
24     (b) An employer shall not discharge, fine, suspend, expel,
25 discipline or in any other manner discriminate against any
26 employee that exercises any right provided under this Act.
27     (c) An employer shall not discharge, fine, suspend, expel,
28 discipline or in any other manner discriminate against any
29 employee for opposing any practice made unlawful by this Act.
 
30     Section 30. Enforcement. A civil action may be brought in
31 the circuit court having jurisdiction by an employee to enforce
32 this Act. The circuit court may enjoin any act or practice that
33 violates or may violate this Act and may order any other

 

 

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1 equitable relief that is necessary and appropriate to redress
2 the violation or to enforce this Act.
 
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.