98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4272

 

Introduced , by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Illinois Family Care Provider Act. Provides that an employer must provide up to 12 weeks of unpaid family medical leave to an employee during any 12-month period for one or more of these purposes: the birth or adoption of a grandchild in order for the employee to care for such grandchild; because of the placement of a grandchild with the employee for adoption or foster care; or in order for the employee to care for a grandchild if such grandchild has a serious health condition or the employee to care for a grandparent if such grandparent has a serious health condition. Contains provisions concerning notification and certification. Authorizes an employee to file a civil action for enforcement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning business.
 
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
5Illinois Family Care Provider Act.
 
6    Section 5. Findings and purpose.
7    (a) Findings. The General Assembly finds that:
8        (1) the number of households in Illinois in which
9    working grandparents have primary responsibility for the
10    care of grandchildren is significant; currently, almost
11    100,000 grandparents are responsible for the care of
12    grandchildren living with them, and of these, 68% are under
13    the age of 60;
14        (2) in Illinois, over 230,000 children under the age of
15    18 live in homes with grandparents as the householders;
16        (3) the number of households in which grandchildren
17    have primary responsibility for the care of grandparents
18    and other family members is significant; in fact,
19    grandchildren comprise 8% of informal caregivers
20    nationally;
21        (4) it is important for the family unit that
22    grandparents and grandchildren be able to participate in
23    the care of family members who have serious health

 

 

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1    conditions; and
2        (5) the lack of employment policies to accommodate
3    working caregivers, including employees caring for
4    grandchildren or grandparents, can force individuals to
5    choose between job security and caregiving
6    responsibilities.
7    (b) Purpose. It is the purpose of this Act that all
8employers required to comply with the Family and Medical Leave
9Act of 1993, 29 U.S.C. 2601 et seq., shall include grandparents
10and grandchildren as "eligible employees" for leave for the
11birth or adoption of a grandchild in order for a grandparent to
12care for such grandchild; because of the placement of a
13grandchild with the grandparent for adoption or foster care;
14and in order for the grandparent to care for the grandchild if
15such grandchild has a serious health condition or the
16grandchild to care for the grandparent if such grandparent has
17a serious health condition.
 
18    Section 10. Definitions. In this Act:
19    "Eligible employee" has the meaning ascribed to that term
20in the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et
21seq.
22    "Employer" has the meaning ascribed to that term in the
23Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.
24    "Grandchild" means a biological, adopted, or step
25grandchild of an employee.

 

 

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1    "Grandparent" means a biological, adopted, or step
2grandparent of an employee.
3    "Serious health condition" has the meaning ascribed to that
4term in the Family and Medical Leave Act of 1993, 29 U.S.C.
52601 et seq.
 
6    Section 15. Family leave requirement.
7    (a) Subject to the conditions set forth in this Section, an
8employee is entitled to receive and an employer shall provide
9up to 12 weeks of unpaid family medical leave to an employee
10during any 12-month period for one or more of the following:
11the birth or adoption of a grandchild in order for the employee
12to care for such grandchild; the placement of a grandchild with
13the employee for adoption or foster care; or the employee to
14care for a grandchild if such grandchild has a serious health
15condition or the employee to care for a grandparent if the
16grandparent has a serious health condition.
17    (b) An employee is not entitled to receive and an employer
18is not required to provide more than 12 weeks of unpaid family
19medical leave in any 12-month period under this Act. For
20purposes of this Act, unpaid family medical leave granted
21pursuant to any other law shall be deemed to be unpaid family
22medical leave granted under this Act.
 
23    Section 20. Notification. An employee must comply with the
24employer's usual and customary procedural requirements for

 

 

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1giving notice of a request for leave, provided that those
2notice requirements are consistent with the Family and Medical
3Leave Act of 1993, 29 U.S.C. 2601 et seq.
 
4    Section 25. Certification. An employer may require that an
5employee's leave to care for a grandchild or grandparent, with
6a serious health condition, be supported by a certification
7issued by the health care provider of the employee's grandchild
8or grandparent. Certification under this Section shall comply
9with the certification content and requirements provided in 29
10C.F.R. 825.305 et seq.
 
11    Section 30. Enforcement. A civil action may be brought in
12the circuit court having jurisdiction by an employee to enforce
13this Act. The circuit court may enjoin any act or practice that
14violates or may violate this Act and may order any other
15equitable relief that is necessary and appropriate to redress
16the violation or to enforce this Act.
 
17    Section 35. Refusal to pay damages. Any employer who has
18been ordered by the court to pay damages under this Act is
19liable for:
20        (1) damages equal to the amount of wages, salary,
21    employment benefits, public assistance, or other
22    compensation denied or lost to such individual by reason of
23    the violation and the interest on that amount calculated at

 

 

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1    the prevailing rate;
2        (2) such equitable relief as may be appropriate,
3    including employment reinstatement and promotion; and
4        (3) reasonable attorney's fees, reasonable expert
5    witness fees, and other costs of the action to be paid by
6    the respondent to the prevailing employee.
 
7    Section 40. Interpretation. Except as otherwise provided
8in this Act, all general requirements for leave, employment,
9benefits, and other provisions shall be interpreted in a manner
10consistent with the Family and Medical Leave Act of 1993, 29
11U.S.C. 2601 et seq.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.