Rep. Mary E. Flowers

Filed: 4/15/2016





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2    AMENDMENT NO. ______. Amend House Bill 166, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the Paid
6Family Leave Act.
7    Section 5. Declaration of policy and intent.
8    (a) It is the public policy of this State to protect
9working families against the economic hardship caused by the
10need to take time off from work to care for family members who
11are incapable of self-care, including newborn and newly adopted
12children. The growing portion of middle-income families in
13which all adult family members work, largely due to economic
14necessity, points to the desperate need for replacement income
15when a working family member must take time to care for family
16members who are unable to take care of themselves.



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1    Moreover, many women are single mothers or the primary
2breadwinners for their families. If any of these women take an
3unpaid maternity leave, her whole family, and Illinois,
5    The United States is the only industrialized nation in the
6world that does not have a mandatory workplace-based program
7for such income support.
8    It is therefore desirable and necessary to develop systems
9that help families adapt to the competing interests of work and
10home which not only benefit workers, but also benefit employers
11by reducing employee turnover and increasing worker
13    (b) It is the intent of the General Assembly to create a
14family leave program to relieve the serious menace to health,
15morals, and welfare of Illinois families, to increase workplace
16productivity, and to alleviate the enormous and growing stress
17on working families of balancing the demands of work and family
18needs. The family leave program shall complement the State's
19unemployment insurance program, shall be funded through
20employee contributions, and shall be administered in
21accordance with the policies of the State unemployment
22insurance program. Initial and ongoing administrative costs
23associated with the family leave program shall be payable from
24the State Benefits Fund.
25    Section 10. Definitions. In this Act:



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1    (1)(A) "Average weekly wage" means the amount derived by
2dividing a covered employee's total wages earned from the
3employee's most recent covered employer during the base weeks
4in the 8 calendar weeks immediately preceding the calendar week
5in which a period of family leave commenced by the number of
6such base weeks.
7    (B) If the computation in paragraph (A) yields a result
8that is less than the employee's average weekly earnings in
9employment with all covered employers during the base weeks in
10such 8 calendar weeks, then the average weekly wage shall be
11computed on the basis of earnings from all covered employers
12during the base weeks in the 8 calendar weeks immediately
13preceding the week in which the period of family leave
15    (C) For periods of family leave, if the computations in
16paragraphs (A) and (B) both yield a result which is less than
17the employee's average weekly earnings in employment with all
18covered employers during the base weeks in the 26 calendar
19weeks immediately preceding the week in which the period of
20family leave commenced, then the average weekly wage shall,
21upon a written request to the Department by the employee on a
22form provided by the Department, be computed by the Department
23on the basis of earnings from all covered employers of the
24employee during the base weeks in those 26 calendar weeks.
25    (2) "Base hours" means the hours of work for which an
26employee receives compensation. "Base hours" includes overtime



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1hours for which the employee is paid additional or overtime
2compensation and hours for which the employee receives workers'
3compensation benefits. "Base hours" also includes hours an
4employee would have worked except for having been in military
5service. At the option of the employer, "base hours" may
6include hours for which the employee receives other types of
7compensation, such as administrative, personal leave, vacation
8or sick leave.
9    (3) "Base salary" means the salary paid to an employee,
10excluding overtime and bonuses, but not excluding salary
11withheld for State, federal, and local taxes, FICA, and
12employee contributions to any pension or health or other
13insurance plans or programs.
14    (4) "Care" includes, but is not limited to, physical care,
15emotional support, visitation, arranging for a change in care,
16assistance with essential daily living matters, and personal
17attendant services.
18    (5) "Child" means a biological, adopted, or foster child,
19stepchild, or legal ward of an eligible employee, child of a
20domestic partner of the eligible employee, or child of a civil
21union partner of the eligible employee, who is less than 19
22years of age or is 19 years of age or older, but incapable of
23self-care because of a mental or physical impairment.
24    (6) "Civil union" means a civil union as defined in the
25Illinois Religious Freedom Protection and Civil Union Act.
26    (7) "Consecutive leave" means leave that is taken without



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1interruption based upon an employee's regular work schedule and
2does not include breaks in employment in which an employee is
3not regularly scheduled to work. For example, when an employee
4is normally scheduled to work from September through June and
5is not scheduled to work during July and August, a leave taken
6continuously during May, June, and September shall be
7considered a consecutive leave.
8    (8) "Department" means the Department of Employment
10    (9) "Director" means the Director of Employment Security
11and any transaction or exercise of authority by the Director
12shall be deemed to be performed by the Department.
13    (10) "Eligible employee" means an employee employed by the
14same employer, as defined in paragraph (11), in the State of
15Illinois for 12 months or more who has worked 1,000 or more
16base hours during the preceding 12-month period. An employee is
17considered to be employed in the State of Illinois if:
18        (A) the employee works in Illinois; or
19        (B) the employee routinely performs some work in
20    Illinois and the employee's base of operations or the place
21    from which the work is directed and controlled is in
22    Illinois.
23    (11) "Employer" means any partnership, association, trust,
24estate, joint-stock company, insurance company, or
25corporation, whether domestic or foreign, or the receiver,
26trustee in bankruptcy, trustee, or person that has in its



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1employ one or more employees performing services for it within
2this State. "Employer" also includes any employer subject to
3the Unemployment Insurance Act, except the State, its political
4subdivisions, and any instrumentality of the State. All
5employees performing services within this State for any
6employing unit that maintains 2 or more separate establishments
7within this State shall be deemed to be employed by a single
8employing unit for all purposes of this Act.
9    (12) "Family member" means a child, spouse, party to a
10civil union, or parent of an eligible employee.
11    (13) "Family leave" means leave taken by an eligible
12employee from work with an employer: (A) to participate in the
13providing of care, including physical or psychological care,
14for the employee or a family member of the eligible employee
15made necessary by a serious health condition of the family
16member; (B) to be with a child during the first 12 months after
17the child's birth, if the employee, or the party to a civil
18union with the employee, is a biological parent of the child,
19or the first 12 months after the placement of the child for
20adoption or foster care with the employee; (C) for the
21employee's own serious condition; or (D) because of any
22qualifying exigency as interpreted under the Family and Medical
23Leave Act of 1993 (29 U.S.C. 2612(a)(1)(E) and 29 CFR 825.126)
24arising out of the fact that the spouse, domestic partner,
25child, or parent of the employee is on active duty (or has been
26notified of an impending call or order to active duty) in the



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1armed forces as of the United States. "Family leave" does not
2include any period of time during which an eligible employee is
3paid benefits pursuant to the Workers' Compensation Act or the
4Unemployment Insurance Act because the employee is unable to
5perform the duties of the employee's employment due to the
6employee's own disability.
7    (14) "Family leave benefits" means any payments that are
8payable to an eligible employee for all or part of a period of
9family leave.
10    (15) "Health care provider" means any person licensed under
11federal, State, or local law or the laws of a foreign nation to
12provide health care services or any other person who has been
13authorized to provide health care by a licensed health care
15    (16) "Intermittent leave" means a non-consecutive leave
16consisting of intervals, each of which is at least one, but
17less than 12, weeks within a consecutive 12-month period.
18    (17) "Parent of an eligible employee" means a biological
19parent, foster parent, adoptive parent, or stepparent of the
20eligible employee or a person who was a legal guardian of the
21eligible employee when the eligible employee was a child.
22    (18) "Placement for adoption" means the time when an
23eligible employee adopts a child or becomes responsible for a
24child pending adoption by the eligible employee.
25    (19) "Reduced leave schedule" means a reduced leave that is
26scheduled for not more than 24 consecutive weeks.



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1    (20) "Serious health condition" means an illness, injury,
2impairment, or physical or mental condition that requires
3inpatient care in a hospital, hospice, or residential medical
4care facility or continuing medical treatment or continuing
5supervision by a health care provider.
6    (21) "12-month period" means, with respect to an employee
7who establishes a valid claim for family leave benefits during
8a period of family leave, the 365 consecutive days that begin
9with the first day that the employee first establishes the
11    (22) "Wages" means all compensation payable by employers to
12eligible employees for personal services including
13commissions, bonuses, and the cash value of all compensation
14payable in any medium other than cash.
15    Section 15. Family leave program.
16    (a) Subject to appropriation, the Department shall
17establish and administer a family leave program.
18    (b) The Department shall establish procedures and forms for
19filing claims for benefits under this Act.
20    (c) The Department shall use information sharing and
21integration technology to facilitate the disclosure of
22relevant information or records by the Department of Employment
23Security, so long as an individual consents to the disclosure
24as required under Section 20 of this Act.
25    (d) Information contained in the files and records



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1pertaining to an employee under this Act are confidential and
2not open to public inspection, other than to public employees
3in the performance of their official duties. However, the
4employee or an authorized representative of an employee may
5review the records or receive specific information from the
6records on the presentation of the signed authorization of the
7employee. An employer or the employer's duly authorized
8representative may review the records of an employee employed
9by the employer in connection with a pending claim. At the
10Department's discretion, other persons may review records when
11such persons are rendering assistance to the Department at any
12stage of the proceedings on any matter pertaining to the
13administration of this Act.
14    An employer must keep at its place of business records of
15employment from which the information needed by the Department
16for purposes of this Act may be obtained. The records shall at
17all times be open to the inspection of the Department pursuant
18to rules adopted by the Department.
19    (e) The Department shall develop and implement an outreach
20program to ensure that individuals who may be eligible to
21receive family leave benefits under this Act are made aware of
22these benefits. Outreach information shall explain, in an easy
23to understand format, eligibility requirements, the claims
24process, weekly benefit amounts, maximum benefits payable,
25notice requirements, reinstatement and nondiscrimination
26rights, confidentiality, and coordination of leave under this



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1Act and other laws, collective bargaining agreements, and
2employer policies. Outreach information shall be available in
3English and in languages other than English that are spoken as
4a primary language by a significant portion of the State's
5population, as determined by the Department.
6    Section 20. Eligibility for benefits.
7    (a) Family leave benefits are payable under the family
8leave program to an employee during a period in which the
9employee is on unpaid family leave if the employee does all of
10the following:
11        (1) Takes family leave:
12            (A) because of the birth of a child of the employee
13        and in order to care for the child;
14            (B) to care for a newly adopted child under 18
15        years of age or a newly placed foster child under 18
16        years of age or a newly adopted or newly placed foster
17        child older than 18 years of age if the child is
18        incapable of self-care because of a mental or physical
19        disability; or
20            (C) to care for a family member with a serious
21        health condition.
22        (2) Files a claim for family leave benefits as required
23    by rules adopted by the Department.
24        (3) Establishes that the employee has been employed for
25    at least 680 hours in employment during the employee's



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1    qualifying year.
2        (4) Establishes that the employee has had premiums
3    withheld throughout the employee's qualifying year via
4    payroll withholdings as provided under Section 30 of this
5    Act.
6        (5) Establishes an application year. An application
7    year may not be established if the qualifying year includes
8    hours worked before establishment of a previous
9    application year.
10        (6) Consents to the disclosure of information or
11    records deemed private and confidential by State and
12    federal laws. Further disclosure of this information or
13    these records is subject to subsection (c) of Section 15 of
14    this Act.
15        (7) Discloses whether or not he or she owes child
16    support obligations as defined in subsection (B) of Section
17    1300 of the Unemployment Insurance Act.
18        (8) Documents that he or she has provided the employer
19    from whom family leave is to be taken with written notice
20    of the employee's intention to take family leave as
21    provided in Section 75.
22    (b) The Department may require that a claim for family
23leave benefits under this Section be supported by a
24certification issued by a health care provider who is providing
25care to the employee's family member if applicable.
26    (c) An employee is not eligible for family leave benefits



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1under this Section for any week for which the employee receives
2paid family leave. If an employer provides paid family leave,
3the employee may elect whether first to use the paid family
4leave or to receive family leave benefits under this Section.
5An employee may not be required to use paid family leave to
6which the employee is entitled before receiving family leave
7benefits under this Section.
8    (d) This Section does not limit an employee's right to take
9leave from employment under other laws or employer policy.
10    (e) The eligibility of an employee for benefits is not
11affected by a strike or lockout at the factory, establishment,
12or other premises at which the employee is or was last
14    (f) An employee who has received benefits under this
15Section may not lose any other employment benefits, including
16seniority or pension rights, accrued before the date that
17family leave commenced. However, this Section does not entitle
18an employee to accrue employment benefits during a period of
19family leave or to a right, benefit, or position of employment
20other than a right, benefit, or position to which the employee
21would have been entitled had the employee not taken family
23    (g) This Section does not diminish an employer's obligation
24to comply with a collective bargaining agreement or an
25employment benefits program or plan that provides greater
26benefits to employees than the benefits provided under this



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2    (h) An agreement by an employee to waive the employee's
3rights under this Section is void as contrary to public policy.
4The benefits under this Section may not be diminished by a
5collective bargaining agreement or another employment benefits
6program or plan entered into or renewed after the effective
7date of this Act.
8    (i) This Section does not create a continuing entitlement
9or contractual right.
10    Section 25. Disqualification from benefits.
11    (a) An employee is disqualified from family leave benefits
12under this Act if the employee:
13        (1) willfully makes a false statement or
14    misrepresentation regarding a material fact, or willfully
15    fails to disclose a material fact, to obtain benefits;
16        (2) seeks benefits based on an intentionally
17    self-inflicted serious health condition; or
18        (3) seeks benefits based on a serious health condition
19    that resulted from the employee's commission of a felony.
20    (b) A disqualification for family leave benefits is for a
21period of 2 years, and commences on the first day of the
22calendar week in which the employee filed a claim for benefits
23under this Act. An employee who is disqualified for benefits is
24liable to the Department for a penalty in an amount equal to
2515% of the amount of benefits received by the employee.



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1    Section 30. State Benefits Fund.
2    (a) The State Benefits Fund is created as a special fund in
3the State treasury. Subject to appropriation, moneys in the
4Fund may be used for the payment of family leave benefits and
5for the administration of this Act. All interest and other
6earnings that accrue from investment of moneys in the Fund
7shall be credited to the Fund.
8    (b) There is imposed a tax upon employees in the amount of
90.3% of wages as defined in Section 235 of the Unemployment
10Insurance Act. The Department shall by rule provide for the
11collection of this tax.
12    The amount of the tax imposed under this Section, less
13refunds authorized by this Act, and all assessments and
14penalties collected under this Act shall be deposited into and
15credited to the Fund.
16    (c) A separate account, to be known as the Administration
17Account, shall be maintained in the Fund. An amount determined
18by the Treasurer sufficient for proper administration, not to
19exceed, however, 0.1% of wages as defined in this Section,
20shall be credited to the Administration Account. The expenses
21of the Treasurer in administering the Fund and its accounts
22shall be charged against the Administration Account. The costs
23of administration of this Act shall be charged to the
24Administration Account.
25    (d) A separate account, to be known as the Family Leave



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1Benefits Account, shall be maintained in the Fund. The account
2shall be charged with all benefit payments. Prior to July 1 of
3each calendar year, the Department shall determine the average
4rate of interest and other earnings on all investments of the
5Fund for the preceding calendar year. If there is an
6accumulated deficit in the Family Leave Benefits Account in
7excess of $200,000 at the end of any calendar year after
8interest and other earnings have been credited as provided in
9this Section, the Director shall determine the ratio of the
10deficit to the total of all taxable wages paid during the
11preceding calendar year and shall make an assessment against
12all employers in an amount equal to the taxable wages paid by
13them during the preceding calendar year to employees,
14multiplied by the ratio, but in no event shall any such
15assessment exceed 0.1% of such wages. The amounts shall be
16collectible by the Department in the same manner as provided
17for the collection of employer contributions under the
18Unemployment Insurance Act. In making this assessment, the
19Department shall furnish to each affected employer a brief
20summary of the determination of the assessment. The amount of
21such assessments collected by the Department shall be credited
22to the Family Leave Benefits Account. As used in this Section,
23"wages" means wages as provided in Section 235 of the
24Unemployment Insurance Act.
25    (e) A board of trustees, consisting of the State Treasurer,
26the Secretary of State, the Director of Labor, the Director of



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1Employment Security, and the State Comptroller, is hereby
2created. The board shall invest and reinvest all moneys in the
3Fund in excess of its cash requirements in obligations legal
4for savings banks.
5    Section 35. Family leave; duration; certification.
6    (a) An eligible employee may take 12 weeks of family leave
7within any 24-month period in order to provide care made
8necessary by reason of:
9        (1) the birth of a child of the employee;
10        (2) the placement for adoption of a child with an
11    employee; or
12        (3) the serious health condition of the employee or a
13    family member of the employee.
14    (b) If an eligible employee take less than 12 weeks of
15family leave for any of the reasons specified in subsection
16(a), the employee shall be entitled to take additional leave
17for any of those reasons provided that the total leave taken
18does not exceed 12 weeks in any consecutive 24-month period and
19the other qualifications and restrictions contained in this Act
20attendant to each type of leave are not abridged.
21    (c) An eligible employee is entitled to up to 12
22consecutive weeks of family leave in order to care for the
23employee's newly born child or child placed for adoption with
24the employee. An employee is entitled to a family leave for the
25birth or adoption of a child if the employer falls within the



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1statutory definition of employer at the time leave commences
2and commencement of the leave begins within one year after the
3birth or adoption of the child. An employee taking a family
4leave for either of these reasons may take the leave
5intermittently or on a reduced leave schedule only if agreed to
6by the employee and the employer. An employee who takes a leave
7for these purposes shall provide the employer with notice no
8later than 30 days prior to the commencement of the leave,
9except where emergent circumstances warrant shorter notice.
10    (d) An employee who has or whose family member has a
11serious health condition is entitled to up to 12 weeks of
12family leave taken on a consecutive, reduced leave, or, when
13medically necessary, intermittent basis. The care that an
14employee provides need not be exclusive and may be given in
15conjunction with any other care provided. When requesting
16family leave on an intermittent basis or reduced leave
17schedule, the employee shall make a reasonable effort to
18schedule the leave so as not to unduly disrupt the operations
19of the employer.
20    An employee who takes a leave in connection with the
21serious health condition of the employee or a family member
22shall provide the employer with notice no later than 30 days
23prior to the commencement of the leave except where emergent
24circumstances warrant shorter notice.
25    For purposes of this subsection, the total time within
26which an intermittent leave is taken may not exceed a 12-month



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1period if the leave is taken in connection with a single
2serious health condition. Intermittent leaves taken in
3connection with more than one serious health condition must be
4taken within a consecutive 24-month period or until the
5employee's 12-week family leave entitlement is exhausted,
6whichever is shorter. Any remaining family leave to which the
7employee is entitled subsequent to the expiration of any or all
8intermittent leaves may be taken in a manner consistent with
9this Act.
10    For purposes of this subsection, an employee taking a
11family leave on a reduced leave schedule shall not be entitled
12to the leave for more than a consecutive 24-week period. An
13eligible employee shall be entitled to only one leave on a
14reduced leave schedule during any consecutive 24-month period.
15Any remaining family leave to which the employee is entitled
16subsequent to the expiration of a leave taken on a reduced
17leave schedule may be taken on a consecutive or intermittent
19    If an employee needs intermittent leave or leave on a
20reduced leave schedule that is foreseeable based on care of, or
21planned medical treatment for, a family member or if an
22employer agrees to permit an employee intermittent or reduced
23schedule leave for the birth of a child or placement of a child
24for adoption, the employer may require the employee during the
25period of leave to temporarily transfer to an available
26alternative position for which the employee is qualified and



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1which better accommodates recurring periods of leave than does
2the employee's regular position. The alternative position must
3have equivalent pay and benefits to the employee's regular
4position. An employer may not transfer an employee to an
5alternative position in order to discourage the employee from
6taking leave or otherwise work a hardship on the employee. When
7an employee who is taking leave intermittently or on a reduced
8leave schedule and has been transferred to an alternative
9position is able to return to full-time work, he or she must be
10placed in the same or equivalent job as the one he or she left
11when the leave commenced.
12    (e) An employee's entitlement to return to work prior to
13the prearranged expiration of a requested family leave shall be
14governed by the employer's policy with respect to other leaves
15of absence.
16    If an employer permits an employee to return to work prior
17to the prearranged expiration of other leaves, then that policy
18shall similarly govern an employee's entitlement to return to
19work prior to the prearranged expiration of the requested
20family leave.
21    If an employer does not permit an employee to return to
22work prior to the prearranged expiration of other leaves, then
23the employee is not entitled to return to work prior to the
24prearranged expiration of family leave.
25    An employer that does not have a policy of either
26permitting or denying an employee to return to work prior to



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1the prearranged expiration of any other leave of absence shall
2permit an employee to return to work prior to the prearranged
3expiration of requested family leave if the early return of the
4employee will not cause the employer undue hardship, such as
5requiring the employer to incur the expense of continuing the
6employment of a temporary employee who was hired to replace the
7employee who is taking family leave.
8    (f) An employer shall not require an employee to take a
9leave of absence beyond the period of time that an employee
10requests family leave.
11    (g) In determining the 24-month period in which the 12
12weeks of leave shall be granted under this Act, an employer may
13choose from any of the following methods:
14        (1) the calendar year;
15        (2) any fixed "leave year", such as a fiscal year or a
16    year starting on an employee's anniversary date;
17        (3) the 24-month period measured forward from the date
18    any employee's first leave under this Act begins; or
19        (4) a "rolling" 24-month period measured backward from
20    the date an employee uses any leave under this Act.
21    (h) An employer may choose any method of determining the
2224-month period listed in subsection (g), provided that
23employees are notified of the alternative chosen and the
24alternative chosen is applied consistently and uniformly to all
25employees. An employer wishing to change to another alternative
26is required to give at least 60 days' notice to all employees,



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1and the transition must take place in such a way that the
2employees retain the full benefit of 12 weeks of leave under
3whichever method affords the greatest benefit to the employee.
4Under no circumstances may a new method be implemented in order
5to avoid this Act's leave requirements. If an employer fails to
6select one of the options listed in subsection (g) for
7measuring the 24-month period, the option that provides the
8most beneficial outcome for the employee shall be used.
9    (i) Any period of family leave for the serious health
10condition of a family member of the eligible employee shall be
11supported by certification provided by a health care provider.
12The certification shall be sufficient if it states:
13        (1) the date, if known, on which the serious health
14    condition commenced;
15        (2) the probable duration of the condition;
16        (3) the medical facts within the knowledge of the
17    provider of the certification regarding the condition;
18        (4) a statement that the serious health condition
19    warrants the participation of the covered employee in
20    providing health care, as provided in this Act and rules
21    adopted pursuant to this Act;
22        (5) an estimate of the amount of time of the eligible
23    employee that is needed for participation in the care of
24    the family member;
25        (6) if the leave is intermittent, a statement of the
26    medical necessity for the intermittent leave and the



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1    expected duration of the intermittent leave; and
2        (7) if the leave is intermittent and for planned
3    medical treatment, the dates of the treatment.
4    Section 40. Recovery of erroneous payments.
5    (a) If an employee receives any family leave benefits under
6Section 35 which the employee is not entitled:
7        (1) the employee is liable to the Department for the
8    amount of benefits received; and
9        (2) the amount of benefits received may be deducted by
10    the Department from any future benefits otherwise payable
11    to the employee under Section 35.
12    (b) If the Department decides that an employee has been
13paid family leave benefits to which the employee is not
14entitled because of an error, and that the employee is not
15subject to disqualification under Section 25, the amounts
16received in error may be recovered by the Department only by
17deductions from benefits otherwise payable to the employee
18under Section 35 during the 52 weeks following the date on
19which the order establishing the amount of the erroneous
20payment becomes final. If amounts determined to be recoverable
21have not been paid within that time, the liability shall be
22canceled by the Department and charged against the State
23Benefits Fund.
24    (c) Except as provided in subsection (d), if benefits
25determined to be recoverable under this Section have not been



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1paid within 3 years after the date that the order of the
2Department establishing the liability of the employee becomes
3final, and no payments have been received on the liability for
4at least 3 months, the liability shall be canceled by the
5Department and charged against the State benefits Fund.
6    (d) Any amount due under this Section may be collected by
7the Department in a civil action against the employee brought
8in the name of the Department.
9    (e) Interest on any benefits recoverable under this Section
10shall be paid and collected at the same time repayment of
11benefits is made by the employee. Interest on an amount
12recoverable under this Section accrues at the rate specified in
13Section 2-1303 of the Code of Civil Procedure, beginning on the
14first day of the month following 60 days after entry of the
15order establishing the amount recoverable.
16    (f) Any amount collected under this Section by the
17Department shall be paid into the State Benefits Fund.
18    Section 45. Hearings. A person aggrieved by a decision of
19the Department under this Act may request a hearing. The
20Department shall adopt rules governing hearings and the
21issuance of final orders under this Act in accordance with the
22provisions of the Illinois Administrative Procedure Act. All
23final administrative decisions of the Department under this Act
24are subject to judicial review under the Administrative Review



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1    Section 50. Prohibited acts. No employer, temporary
2employment agency, employment agency, employee organization,
3or other person shall discharge, expel, or otherwise
4discriminate against a person because the person has filed or
5communicated to the employer an intent to file a claim, a
6complaint, or an appeal or has testified or is about to testify
7or has assisted in any proceeding, under this Act, at any time.
8    Section 55. Penalties.
9    (a) A person who makes a false statement or representation,
10knowing it to be false, or knowingly fails to disclose a
11material fact to obtain or increase any family leave benefit
12during a period of family leave, either for himself or herself
13or for any other person, shall be liable for a civil penalty of
14$250 to be paid to the Department. Each such false statement or
15representation or failure to disclose a material fact shall
16constitute a separate offense. Upon refusal to pay such civil
17penalty, the civil penalty shall be recovered in a civil action
18by the Attorney General on behalf the Department in the name of
19the State of Illinois. If, in any case in which liability for
20the payment of a civil penalty has been determined, any person
21who has received any benefits under this Act by reason of the
22making of such false statements or representations or failure
23to disclose a material fact shall not be entitled to any
24benefits under this Act for any leave occurring prior to the



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1time he or she has discharged his or her liability to pay the
2civil penalty.
3    (b) A person who willfully violates any provision of this
4Act or any rule adopted under this Act for which a civil
5penalty is neither prescribed in this Act nor provided by any
6other applicable law shall be subject to a civil penalty of
7$500 to be paid to the Department. Upon the refusal to pay such
8civil penalty, the civil penalty shall be recovered in a civil
9action by the Attorney General on behalf of the Department in
10the name of the State of Illinois.
11    (c) A person, employing unit, employer, or entity violating
12any provision of this Section with intent to defraud the
13Department is guilty of a Class C misdemeanor. The fine upon
14conviction shall be payable to the Fund. Any penalties imposed
15by this subsection shall be in addition to those otherwise
16prescribed in this Section.
17    Section 60. Recovery of overpayment of family leave
18benefits. Overpayment of benefits under this Act may be
19recovered in the manner provided under Sections 900, 901, and
20900.1 of the Unemployment Insurance Act.
21    Section 70. Leave and employment protection.
22    (a) During a period in which an employee receives family
23leave benefits or earns waiting period credits under this Act,
24the employee is entitled to family leave and, at the



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1established ending date of leave, to be restored to a position
2of employment with the employer from whom leave was taken as
3provided under subsection (b).
4    (b) Except as provided in subsection (f), an employee who
5receives family leave benefits under this Act for the intended
6purpose of the family leave is entitled, on return from the
8        (1) to be restored by the employer to the position of
9    employment held by the employee when the family leave
10    commenced; or
11        (2) to be restored to an equivalent position with
12    equivalent employment benefits, pay, and other terms and
13    conditions of employment at a workplace within 20 miles of
14    the employee's workplace when the family leave commenced.
15    (c) The taking of family leave under this Act may not
16result in the loss of any employment benefits accrued before
17the date on which the family leave commenced.
18    (d) Nothing in this Section entitles a restored employee
20        (1) the accrual of any seniority or employment benefits
21    during any period of family leave; or
22        (2) any right, benefit, or position of employment other
23    than any right, benefit, or position to which the employee
24    would have been entitled to had the employee not taken the
25    family leave.
26    (e) Nothing in this Section prohibits an employer from



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1requiring an employee on family leave to report periodically to
2the employer on the status and intention of the employee to
3return to work.
4    (f) An employer may deny restoration under subsection (b)
5to a salaried employee who is among the highest paid 10% of the
6employees employed by the employer within 75 miles of the
7facility at which the employee is employed if:
8        (1) denial is necessary to prevent substantial and
9    grievous economic injury to the operations of the employer;
10        (2) the employer notifies the employee of the intent of
11    the employer to deny restoration on such basis at the time
12    the employer determines that the injury would occur; and
13        (3) the family leave has commenced and the employee
14    elects not to return to employment after receiving the
15    notice.
16    (g) This Section applies to an employee only if:
17        (1) the employer from whom the employee takes family
18    leave employs more than 50 employees; and
19        (2) the employee has been employed for at least 12
20    months by that employer, and for at least 1,250 hours of
21    service with that employer during the previous 12-month
22    period.
23    Section 75. Notice to employer.
24    (a) If the necessity for family leave for the birth or
25placement of a child is foreseeable based on an expected birth



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1or placement, the employee shall provide the employer with not
2less than 30 days' notice, before the date the leave is to
3begin, of the employee's intention to take leave for the birth
4or placement of a child, except that if the date of the birth
5or placement requires leave to begin in less than 30 days, the
6employee shall provide such notice as is practicable.
7    (b) If the necessity for family leave for a family member's
8serious health condition is foreseeable based on planned
9medical treatment, the employee:
10        (1) must make a reasonable effort to schedule the
11    treatment so as not to disrupt unduly the operations of the
12    employer; and
13        (2) must provide the employer with not less than 30
14    days' notice, before the date the leave is to begin, of the
15    employee's intention to take leave for a family member's
16    serious health condition, except that if the date of the
17    treatment requires leave to begin in less than 30 days, the
18    employee must provide such notice as is practicable.
19    Section 80. Employment by same employer. If spouses who are
20entitled to leave under this Act are employed by the same
21employer, the employer may require that spouses not take such
22leave concurrently.
23    Section 85. Coordination of leave.
24    (a) Family leave taken under this Act must be taken



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1concurrently with any leave taken under the federal Family and
2Medical Leave Act of 1993.
3    (b) An employer may require that family leave taken under
4this Act be taken concurrently or otherwise coordinated with
5leave allowed under the terms of a collective bargaining
6agreement or employer policy, as applicable, for the birth or
7placement of a child. The employer must give his or her
8employees written notice of this requirement.
9    Section 90. Rules. The Department may adopt any rules
10necessary to implement the provisions of this Act. In adopting
11rules, the Department shall maintain consistency with the
12regulations adopted to implement the federal Family and Medical
13Leave Act of 1993 to the extent such rules are not in conflict
14with this Act.
15    Section 100. Authority to contract. The Department may
16contract or enter into interagency agreements with other State
17agencies for the initial administration of the Family Leave
19    Section 175. Severability. The provisions of this Act are
20severable under Section 1.31 of the Statute on Statutes.
21    Section 900. The State Finance Act is amended by adding
22Section 5.875 as follows:



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1    (30 ILCS 105/5.875 new)
2    Sec. 5.875. The State Benefits Fund.
3    Section 999. Effective date. This Act takes effect upon
4becoming law.".