Illinois General Assembly - Full Text of HB5029
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Full Text of HB5029  102nd General Assembly

HB5029 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5029

 

Introduced 1/27/2022, by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.970 new

    Creates the Family and Medical Leave Insurance Program Act. Requires the Department of Employment Security to establish and administer a Family Leave Insurance Program that provides family leave insurance benefits to eligible employees. Sets forth eligibility requirements for benefits under the Act. Contains provisions concerning disqualification from benefits; premium payments; the amount and duration of benefits; the recovery of erroneous payments; hearings; defaulted premium payments; elective coverage; employment protection; coordination of family leave; defined terms; and other matters. Amends the State Finance Act. Creates the Family Leave Insurance Account Fund. Provides phase-in periods for the collection of money and making of claims for benefits under the Act. Effective January 1, 2023.


LRB102 25760 SPS 35086 b

 

 

A BILL FOR

 

HB5029LRB102 25760 SPS 35086 b

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. This Act may be cited as the Family
5and Medical Leave Insurance Act.
 
6    Section 5. Declaration of policy and intent. Many workers
7do not have access to family and medical leave programs, those
8who do may not be in a financial position to take family or
9medical leave that is unpaid, and employer-paid benefits meet
10only a relatively small part of this need. It is the public
11policy of this State to protect working individuals and their
12families against the economic hardship caused by the need to
13take time off from work to care for themselves or family
14members who are suffering from a serious illness, for a
15newborn or a newly adopted or foster child, for pregnancy and
16related conditions, for the health and caregiving needs of
17military families, or to cope with domestic and sexual
18violence.
19    The disparities for access to and the need for leave cut
20across income and other demographics. Higher income workers
21have greater access to paid leave than lower income workers;
22women workers have higher rates of unmet need for leave than
23men; Black, Asian American, Pacific Islander, and Native

 

 

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1American workers have higher rates of unmet need for leave
2than white workers; and Hispanic workers are less likely than
3non-Hispanic workers to have access to paid leave in the first
4place.
5    Moreover, in 73% of all Illinois households with children,
6more than 2,000,000 homes, all parents have paying jobs.
7Illinois mothers are key family breadwinners in 84% of black
8families, 49% of Latinx families, and 48% of white families.
9While women make up half of the workforce, they are
10responsible for the majority of unpaid family household and
11care work, which has a significant impact on their health and
12well-being. Maintaining an attachment to the workforce is
13vital to women's economic stability; an employment gap of just
14one year leads to a 39% decrease in annual earnings, and that
15disparity increases over time. With the demographic shift
16toward an aging population, the need for family caregiving
17continues to grow. In less than 15 years, the share of the
18State's population of individuals aged 65 and over will grow
19by one-third. If any of these women take unpaid leave, her
20whole family, and Illinois, suffers.
21    The United States is the only industrialized nation in the
22world that does not have a mandatory workplace-based program
23for such income support. The negative economic impact on
24families and our economy is real. A U.S. Department of Labor
25report indicates if women participated in the labor force at
26the same rate as women in countries with paid leave, our

 

 

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1economy would benefit from more than $500 billion in
2additional economic activity.
3    The majority of Illinois small business owners and
4entrepreneurs support a State-administered paid family and
5medical leave program as it ensures economic security,
6strengthens business recruitment and retention of employees,
7and mitigates the loss of income for small business owners,
8which comprise over 90% of businesses in the United States,
9including the self-employed and businesses with under 10
10employees.
11    It is therefore desirable and necessary to develop systems
12that help individuals and families adapt to the competing
13interests of work and home, which not only benefit workers,
14but also benefit employers by reducing employee turnover and
15increasing worker productivity.
16    It is the intent of the General Assembly to create a family
17and medical leave program to relieve the serious menace to
18health, morals, and welfare of Illinois families, to increase
19workplace productivity, and to alleviate the enormous and
20growing stress on working families of balancing the demands of
21work and family needs. It is the intent of the General Assembly
22that this Act shall be liberally construed in favor of
23providing workers with the greatest amount of paid family and
24medical leave coverage, benefits, and employment security.
 
25    Section 10. Definitions. In this Act:

 

 

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1    (1) "Average weekly wage" means the amount derived by
2dividing by 12 an employee's total earnings, including wages,
3gratuities, bonuses, commissions, and any other compensation
4that constitutes remuneration, earned during the quarter with
5the highest earnings in the applicable benefit year, or the
6amount derived by dividing by 12 an employee's total earnings,
7including wages, gratuities, bonuses, commissions, and any
8other compensation that constitutes remuneration, to fulfill a
9contract for a covered business entity, earned in the quarter
10with the highest earnings in the applicable benefit year, or
11for individuals not currently employed or under contract, the
12amount derived by dividing by 12 of an individual's total
13earnings, including wages, gratuities, bonuses, commissions,
14and any other compensation that constitutes remuneration,
15earned during the quarter with the highest earnings earned in
16the 4 quarters prior to the last day of employment or end of
17contract.
18    (2) "Benefit year" means the period of 52 consecutive
19weeks beginning on the Sunday immediately preceding the first
20day that family and medical leave under this Act commences for
21the covered individual.
22    (3) "Care" includes, but is not limited to, physical or
23psychological care, emotional support, visitation, arranging
24for care or a change in care, assistance with essential daily
25living matters, and personal attendant services.
26    (4) "Child" means a biological, adopted, or foster child,

 

 

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1a stepchild, grandchild, or legal ward, or a child for whom an
2employee stands in loco parentis, a person to whom the
3employee stood in loco parentis when the person was a minor
4child, a child of the spouse of an employee, or a child of a
5party to a civil union or legal guardianship, or any other
6individual whose close association with the employee is the
7equivalent of a child as determined by the employee,
8regardless of age or dependency status.
9    (5) "Civil union" means a civil union as defined in the
10Illinois Religious Freedom Protection and Civil Union Act.
11    (6) "Consecutive leave" means leave that is taken without
12interruption based upon an employee's regular work schedule or
13contract and does not include breaks in employment in which an
14employee is not regularly scheduled to work. For example, when
15an employee is normally scheduled to work from September
16through June and is not scheduled to work during July and
17August, a leave taken continuously during May, June, and
18September shall be considered a consecutive leave.
19    (7) "Contributions" or "premiums" means the payments made
20by an employer, a covered business entity, or a self-employed
21individual to the Family and Medical Leave Insurance Fund, as
22required by this Act.
23    (8) "Covered business entity" means a business or trade
24that contracts with one or more individuals for services and
25is required to report the payment of services to such
26individuals on IRS Form 1099-MISC or IRS Form 1099-K for more

 

 

HB5029- 6 -LRB102 25760 SPS 35086 b

1than 25% of its Illinois workforce. Such individuals are
2included in the covered business entity's workforce if the
3contracts for services include, but are not limited to, oral
4or written contracts, and services arranged through
5application software designed to run on smartphones and other
6mobile devices and software designed to run inside a web
7browser. Covered business entities and individuals who
8contract for services with covered business entities are
9considered employers or employees where the context dictates.
10    (9) "Covered individual" means either:
11        (A) an individual who is or has been employed by any
12    combination of employers in the State of Illinois and
13    meets the financial eligibility requirements of subsection
14    (f) of Section 20;
15        (B) a self-employed individual who has: (i) elected
16    coverage under Section 25 and (ii) reported earnings to
17    the Illinois Department of Revenue from self-employment
18    that meet the financial eligibility requirements of
19    subsection (f) of Section 20, as if the individual were an
20    employee;
21        (C) an individual who contracts for services with a
22    covered business entity;
23        (D) a domestic worker; or
24        (E) a former employee, self-employed individual,
25    individual who contracts for services with a covered
26    business entity, or a domestic worker, and has:

 

 

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1            (i) met the financial eligibility requirements of
2        subsection (f) of Section 20 at the time of separation
3        from employment or the end of a contract; and
4            (ii) been separated from employment or the end of
5        a contract for not more than 52 weeks at the start of
6        the family or medical leave taken by the former
7        employee, self-employed individual, individual who
8        contracts for services with a covered business entity,
9        or is a domestic worker.
10    A covered individual is considered to be employed in the
11State of Illinois if: (i) the individual works in Illinois;
12(ii) the individual performs some work in Illinois and the
13employer's base of operations or the place from which the work
14is directed and controlled is in Illinois; or (iii) the base of
15operations or place from which the work is directed or
16controlled is not in any state in which some part of the work
17is performed, but the individual's residence is in this State.
18    (10) "Department" means the Department of Employment
19Security.
20    (11) "Director" means the Director of Employment Security
21and any transaction or exercise of authority by the Director
22shall be deemed to be performed by the Department.
23    (12) "Domestic or sexual violence" means domestic
24violence, sexual assault, or stalking.
25    (13) "Domestic violence" means abuse, as defined in
26Section 103 of the Illinois Domestic Violence Act of 1986, by a

 

 

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1family or household member, as defined in Section 103 of the
2Illinois Domestic Violence Act of 1986, or as defined in this
3Act.
4    (14) "Domestic worker" has the meaning set forth in
5Section 10 of the Domestic Workers' Bill of Rights. "Domestic
6worker" also includes independent contractors, sole
7proprietors, and partnerships who engage in "domestic work",
8as defined in Section 10 of the Domestic Workers' Bill of
9Rights Act.
10    (14) "Employ" means to suffer or permit to work.
11    (15) "Employee" means any individual or person who works
12for an employer for wage, remuneration, or other compensation,
13and works any number of hours, whether full-time or part-time
14or on a temporary or contingent basis, and any individual who
15contracts for services with a covered business entity or is a
16domestic worker. Except for individuals or persons that
17contract for services with a covered business entity or
18domestic workers who contract for services, "employee" does
19not include any individual:
20        (A) who has been and will continue to be free from
21    control and direction over the performance of the
22    individual's work, both under the individual's contract of
23    service with the individual's employer and in fact; and
24        (B) who performs work which is either outside the
25    usual course of business or is performed outside all of
26    the places of business of the employer unless the employer

 

 

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1    is in the business of contracting with third parties for
2    the placement of employees; and
3        (C) who is in an independently established trade,
4    occupation, profession or business.
5    (16) "Employer" means any individual, person, partnership,
6association, limited liability company, trust, estate,
7joint-stock company, insurance company, employment and labor
8placement agency, or business where wages are made directly or
9indirectly by the agency or business for work undertaken by
10the employee under hire to a third party pursuant to a contract
11between the agency or business with the third party, or
12corporation, whether domestic or foreign, or the receiver,
13trustee in bankruptcy, trustee, or person that has in its
14employ one or more employees performing services for it.
15"Employer" also includes any employer subject to the
16Unemployment Insurance Act and any business or trade defined
17as a covered business entity in this Act. All employees
18performing services within this State for any employing unit
19that maintains 2 or more separate establishments within this
20State shall be deemed to be employed by a single employing unit
21for all purposes of this Act.
22    (17) "Employment benefits" means all benefits provided or
23made available to employees by an employer, including, but not
24limited to, life insurance, health insurance, disability
25insurance, sick leave, annual or vacation leave, paid time
26off, educational benefits, and pensions.

 

 

HB5029- 10 -LRB102 25760 SPS 35086 b

1    (18) "Family member" means an employee's child, spouse or
2party to a civil union or legal guardianship, parent,
3grandparent, grandchild, sibling, or any other individual
4related by blood, marriage, or civil union, or whose close
5relationship with the employee is the equivalent of a family
6relationship as determined by the employee.
7    (19) "Family and medical leave" means leave taken by a
8covered individual:
9        (A) to participate in the providing of care for a
10    family member of the covered individual made necessary by
11    a serious health condition of the family member;
12        (B) to be with a child during the first 12 months after
13    the child's birth, the first 12 months after the placement
14    of the child for adoption or foster care, the first 12
15    months after the child becomes a legal ward, or the first
16    12 months after in loco parentis status of the child is
17    acquired;
18        (C) for the covered individual's own serious health
19    condition, including, but not limited to, conditions in
20    connection with pregnancy, recovery from childbirth,
21    related conditions even though the covered individual does
22    not receive treatment from a health care provider during
23    the absence, including, but not limited to, absence due to
24    morning sickness, a physical limitation arising from
25    pregnancy, or exposure to chemicals or hazardous material
26    that may be harmful, or any related condition;

 

 

HB5029- 11 -LRB102 25760 SPS 35086 b

1        (D) because of any qualifying exigency arising out of
2    the fact that a family member is on active duty (or has
3    been notified of an impending call or order to active
4    duty) in the Armed Forces of the United States;
5        (E) because the covered individual's or the covered
6    individual's family member is the victim of domestic or
7    sexual violence and the covered individual requests leave
8    because the victim is: (i) experiencing or has experienced
9    an incident of or ongoing domestic or sexual violence;
10    (ii) seeking medical attention for, or recovering from,
11    physical, emotional, or psychological injuries caused by
12    domestic or sexual violence; (iii) obtaining services from
13    a victim services organization; (iv) obtaining
14    psychological or other counseling; (v) participating in
15    safety planning, temporarily or permanently relocating, or
16    taking other actions to increase the safety of the victim
17    or the victim's family members from future domestic or
18    sexual violence to ensure safety or economic security; or
19    (vi) seeking legal assistance or remedies to ensure the
20    health and safety of the victim or the victim's family
21    members, including preparing for or participating in any
22    civil or criminal legal proceeding related to or derived
23    from domestic or sexual violence;
24        (F) when a public health emergency or other disaster,
25    as defined in the Disaster Relief Act or Section 11 of the
26    Illinois Emergency Management Agency Act, has been

 

 

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1    declared by a municipal, State, or federal official, and
2    until 10 weeks following the official termination or
3    suspension of the public health emergency or other
4    disaster, leave under this Act shall be implemented. Such
5    leave shall be provided for any reason related to a public
6    health emergency or other disaster, including, but not
7    limited to:
8            (i) the covered individual is subject to an
9        individual or general federal, State, or local
10        quarantine or isolation order related to a public
11        health emergency or other disaster;
12            (ii) the covered individual has been advised by a
13        health care provider to self-quarantine, or is
14        otherwise under quarantine, including self-imposed
15        quarantine, due to concerns related to a public health
16        emergency or other disaster;
17            (iii) the employee is experiencing symptoms
18        related to a public health emergency or other disaster
19        and is seeking a medical diagnosis;
20            (iv) the covered individual is seeking preventive
21        care or other care or treatment related to a public
22        health emergency or other disaster;
23            (v) the covered individual is caring for a family
24        member who is subject to an order described in clause
25        (i), has been advised as described in clause (ii), is
26        experiencing symptoms or seeking preventive care as

 

 

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1        described in clause (iii) or clause (iv), or whose
2        caregiving facility or caregiver is partially or
3        completely unavailable due to precautions related to a
4        public health emergency or other disaster;
5            (vi) the covered individual is caring for a child
6        of such covered individual if the school or place of
7        the care of the child has been partially or completely
8        closed, or the child care provider of such child is
9        partially or completely unavailable due to precautions
10        related to a public health emergency or other
11        disaster, including when the school or place of care
12        is (I) is physically closed but providing virtual
13        learning instruction; (II) requires or makes optional
14        virtual learning instruction; or (III) requires or
15        makes available a hybrid of in-person and virtual
16        learning instruction models;
17            (vii) the covered individual is experiencing any
18        other substantially similar condition specified by a
19        federal, State, or local government public health or
20        other official;
21            (viii) the covered individual's hours of work have
22        been reduced, the covered individual has been
23        furloughed, the covered individual has been terminated
24        from employment, or the covered individual's contract
25        for services has terminated; or
26            (ix) the employer is not following the recommended

 

 

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1        health and safety guidance issued by a federal, State,
2        or local public official related to a public health
3        emergency or other disaster; or
4        (G) To care for a child if the child's school or place
5    of care has been partially or completely closed or if the
6    childcare provider is partially or completely unavailable
7    to provide for the child's well-being.
8    "Family and medical leave" does not include any period of
9time during which a covered individual is paid benefits
10pursuant to the Workers' Compensation Act because the covered
11individual is unable to perform the duties of the covered
12individual's employment due to the covered individual's own
13disability or paid benefits pursuant to the Unemployment
14Insurance Act.
15    (20) "Family and medical leave benefits" means any
16payments that are payable to an individual for all or part of a
17period of family and medical leave.
18    (21) "Health care provider" means any person licensed
19under federal, State, or local law, or the laws of a foreign
20nation, to provide health care services, any other person who
21has been authorized to provide health care by a licensed
22health care provider, or any other individual determined by
23the Department to be capable of providing health care
24services.
25    (22) "Intermittent leave" means a nonconsecutive leave
26consisting of intervals, each of which is at least one day

 

 

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1within a consecutive 12-month period.
2    (23) "Parent" means a biological parent, foster parent,
3adoptive parent, stepparent, or parent-in-law of the covered
4individual or a person who is or was a legal guardian of, or
5who stood in loco parentis to, the covered individual when the
6covered individual was a child, or any other individual whose
7close association with the covered individual is the
8equivalent of a parent as determined by the covered
9individual.
10    (24) "Placement for adoption" means the time when a
11covered individual adopts a child or becomes responsible for a
12child pending adoption by the covered individual or the
13covered individual's family member.
14    (25) "Qualifying exigency" means a need arising out of a
15covered individual's family member's active duty service or
16notice of an impending call or order to active duty in the
17Armed Forces, including, but not limited to, providing for the
18care or other needs of the military member's family member,
19making financial or legal arrangements for the military
20member, attending counseling, attending military events or
21ceremonies, spending time with the military member during a
22rest and recuperation leave or following return from
23deployment or making arrangements following the death of the
24military member. "Armed Forces" includes the Army, Navy, Air
25Force, Marine Corps, Coast Guard, and National Guard or
26Reserves.

 

 

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1    (26) "Self-employed individual" means a sole proprietor
2that meets the specifications under the definition of the term
3"employee", a member of a limited liability company or limited
4liability partnership, or an individual who resides in
5Illinois and whose net profit or loss from a business is
6required to be reported to the Illinois Department of Revenue.
7    (27) "Serious health condition" means an illness, injury,
8impairment, or physical or mental condition that requires
9inpatient care in a hospital, hospice, or residential medical
10care facility or continuing medical treatment, counseling, or
11continuing supervision by a health care provider or victim
12services organization. "Serious health condition" includes,
13but is not limited to, conditions in connection with
14pregnancy, recovery from childbirth, or any related condition.
15    (28) "Sexual assault" means any conduct proscribed by: (i)
16Article 11 of the Criminal Code of 2012 except Sections 11-35
17and 11-45; or (ii) Sections 12-13, 12-14, 12-14.1, 12-15, and
1812-16 of the Criminal Code of 2012.
19    (29) "Stalking" means any conduct proscribed by the
20Criminal Code of 2012 in Sections 12-7.3, 12-7.4, and 12-7.5.
21    (30) "Statewide average weekly wage" means the wage
22determined by the Department of Employment Security pursuant
23to paragraph 2 of subsection B of Section 401 of the
24Unemployment Insurance Act.
25    (31) "12-month period" means, with respect to an employee
26who establishes a valid claim for family and medical leave

 

 

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1benefits during a period of family and medical leave, the 365
2consecutive days that begin with the first day that the
3employee first establishes the claim.
4    (32) "Fund" means the Family and Medical Leave Insurance
5Fund established in Section 35.
6    (33) "Victim" or "survivor" means an individual who has
7been subjected to domestic or sexual violence.
8    (34) "Victim services organization" means a nonprofit,
9nongovernmental organization that provides assistance to
10victims of domestic or sexual violence, including rape crisis
11centers, organizations carrying out a domestic violence
12program, organizations operating a shelter or providing
13counseling services, or a legal services organization or other
14organization providing assistance through the legal process.
15    (35) "Wages" means any remuneration owed an individual
16pursuant to employment, an employment contract or agreement
17between 2 or more parties or a contract for services with a
18covered business entity, whether paid directly or indirectly,
19including, but not limited to, salaries, commissions,
20gratuities, and bonuses, and reasonable cash value of board,
21rent, housing, lodging, payment in kind and all remuneration
22paid in any medium other than cash, and whether the amount is
23determined on a time, task, piece, or any other basis of
24calculation.
25    (36) "Weekly benefit amount" means the amount of wage
26replacement paid to a covered individual on a weekly basis

 

 

HB5029- 18 -LRB102 25760 SPS 35086 b

1while the covered individual is on family and medical leave,
2as provided in Section 40.
 
3    Section 15. Family and medical leave insurance program.
4    (a) The Department shall establish and administer a family
5and medical leave insurance program.
6    (b) The Department shall establish procedures and forms
7for filing claims for benefits under this Act.
8    (c) The Department shall use information sharing and
9integration technology to facilitate the disclosure of
10relevant information or records by the Department.
11    (d) Information contained in the files and records
12pertaining to an employee, an individual who contracts for
13services with a covered business entity, a self-employed
14individual, any covered individual under this Act, or a family
15member of such individual is confidential and not open to
16inspection other than by public employees in the performance
17of their official duties. However, the employee, an individual
18who contracts for services with a covered business entity, a
19self-employed individual, a covered individual, or an
20authorized representative of an employee, an individual who
21contracts for services with a covered business entity,
22self-employed individual, or covered individual may review the
23records or receive specific information from the records on
24the presentation of the signed authorization of the employee,
25individual who contracts for services with a covered business

 

 

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1entity, the self-employed individual, or the covered
2individual. An employer, covered business entity, or the
3employer's or covered business entity's duly authorized
4representative may review the records of an employee employed
5by the employer, individual who contracts for services with a
6covered business entity, or self-employed individual in
7connection with a pending claim, with the exception of any
8protected health information provided to the Department by an
9entity covered by the Health Insurance Portability and
10Accountability Act or information related to a use of leave
11authorized under paragraph (E) of item (19) of Section 10. At
12the Department's discretion, other persons may review records
13when such persons are rendering assistance to the Department
14at any stage of the proceedings on any matter pertaining to the
15administration of this Act. An employer and a covered business
16entity must keep at its place of business for not less than 5
17years from the date of a request for leave records from which
18the information needed by the Department for purposes of this
19Act may be obtained. The records shall at all times be open to
20the inspection of the Department pursuant to rules adopted by
21the Department. An employer or covered business entity subject
22to any provision of this Act shall make and preserve records
23that document the name, address, and occupation of each
24employee, individual who contracts for services with a covered
25business entity, or domestic worker, the wages and any other
26compensation paid, benefits provided, and contract for

 

 

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1services for each employee, individual with a contract for
2services with a covered business entity, or domestic worker,
3and any other information the Director may by rule deem
4necessary and appropriate for enforcement of this Act. An
5employer or covered business entity subject to any provision
6of this Act shall preserve those records for a period of not
7less than 5 years and shall make reports from the records as
8prescribed by rule or order of the Director, unless the
9records relate to an ongoing investigation or enforcement
10action under this Act, in which case the records must be
11maintained until their destruction is authorized by the
12Department or by court order.
13    (e) The Department shall develop and implement an outreach
14program to ensure that individuals who may be eligible to
15receive family and medical leave benefits under this Act are
16made aware of these benefits. Outreach information shall
17explain, in an easy-to-understand format, eligibility
18requirements, the claims process, weekly benefit amounts,
19maximum benefits payable, notice requirements, reinstatement
20and nondiscrimination rights, confidentiality, and
21coordination of leave under this Act and other laws,
22collective bargaining agreements, and employer and covered
23business entity policies. Outreach information shall be
24available in English, Spanish, Polish, Russian, Tagalog,
25Mandarin, and in other languages that are spoken as a primary
26language by a significant portion of the State's population,

 

 

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1as determined by the Department.
2    (f) An employee, individual who contracts for services
3with a covered business entity, or domestic worker may make a
4claim for benefits under this Act on and after January 1 of the
5year one year after the Department begins collecting employer
6and covered business entity premium contributions under this
7Act.
 
8    Section 20. Eligibility for benefits.
9    (a) The Department may require that a claim for family and
10medical leave benefits under this Act be supported by a
11certification. For a claim for family and medical leave under
12paragraph (A), (B), or (C) of item (19) of Section 10, the
13certification shall be issued by a health care provider of the
14employee's, the individual who contracts for services for a
15covered business entity's, or the covered individual's
16choosing who is providing care to the employee or the
17employee's family member if applicable or the individual who
18contracts for services with a covered business entity or such
19individual's family member if applicable, or covered
20individual or the covered individual's family member, however,
21for a claim under paragraph (C) for leave for conditions in
22connection with pregnancy, recovery after childbirth, or any
23related conditions, leave shall be granted even though the
24covered individual does not receive treatment from a health
25care provider during the absence. For a claim for family and

 

 

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1medical leave because of a qualifying exigency under paragraph
2(D), documentation shall be sufficient if it includes: (i) a
3copy of the family member's active duty orders; (ii) other
4documentation issued by the Armed Forces; or (iii) other
5documentation permitted by the Department. For a claim for
6family and medical leave under paragraph (E) of item (19) of
7Section 10, any one of the following is acceptable for
8certification, and only one of the following documents shall
9be required: a police report, court document, document issued
10by a healthcare provider, or a signed statement from an
11attorney, a member of the clergy, or a victim services
12organization or advocate. It is up to the employee, individual
13who contracts for services with a covered business entity, or
14covered individual to determine which documentation to submit.
15If documentation has been submitted, the Department or the
16employer or covered business entity shall not request or
17require any other documentation if the reason for the initial
18or subsequent claims for family and medical leave is related
19to the same incident of violence or the same perpetrator of the
20violence. For leave under paragraphs (F) and (G) of item (19)
21of Section 10, a statement signed by the covered individual is
22acceptable documentation for certification.
23    (b) The eligibility for benefits of an employee, an
24individual who contracts with a covered business entity, or a
25domestic worker is not affected by a strike or lockout at the
26factory, establishment, or other premises at which the

 

 

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1employee is or was last employed.
2    (c) An employee, individual who contracts for services
3with a covered business entity, or domestic worker who has
4received benefits under this Act may not lose any other
5employment benefits, including seniority or pension rights,
6accrued before the date that family and medical leave
7commenced. The employer or covered business entity shall
8maintain during any period of family and medical leave taken
9the health benefits of the employee and, if applicable, the
10dependents of the employee, the individual who contracts for
11services with a covered business entity, or the domestic
12worker in force at the time a request for family and medical
13leave was made, for the duration of such leave as if the
14employee, individual who contracts for services with a covered
15business entity, or domestic worker had continued to work from
16the date the employee, individual who contracts for services
17with a covered business entity, or domestic worker commenced
18the family and medical leave until the date the employee,
19individual who contracts for services with a covered business
20entity, or domestic worker returns to work. However, this
21Section does not entitle an employee, individual who contracts
22for services with a covered business entity, or domestic
23worker to accrue employment benefits during a period of family
24and medical leave or to a right, benefit, or position of
25employment other than a right, benefit, or position to which
26the employee, individual who contract for services with a

 

 

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1covered business entity, or domestic worker would have been
2entitled had the employee, individual who contracts for
3services with a covered business entity, or domestic worker
4not taken family and medical leave.
5    (d) This Act does not diminish an employer's or covered
6business entity's obligation to comply with a collective
7bargaining agreement or an employment benefits program or plan
8that provides greater benefits to employees, individuals who
9contract for services with a covered business entity, or
10domestic workers than the benefits provided under this Act.
11    (e) An agreement by an employee, individual who contracts
12for services with a covered business entity, or domestic
13worker to waive the rights of the employee, individual who
14contracts for services with a covered business entity, or
15domestic worker under this Section is void as contrary to
16public policy. The benefits under this Act may not be
17diminished by a collective bargaining agreement or another
18employment benefits program or plan entered into or renewed
19after the effective date of this Act.
20    (f) Subject to the requirements of this Act, an individual
21shall be eligible to receive benefits under this Act if that
22individual has been paid during the individual's base period
23wages equal to not less than $1,600, provided that the
24individual has been paid wages equal to at least $440 during
25that part of the individual's base period which does not
26include the calendar quarter in which the wages paid to the

 

 

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1individual were highest. "Base period" means the first 4 of
2the last 5 completed calendar quarters immediately preceding
3the Sunday immediately preceding the first day that family and
4medical leave under this Act commences for the covered
5individual. However, if an individual is not eligible to
6receive family and medical leave benefits or an individual's
7weekly benefit amount would be lower using such base period, a
8base period consisting of the last 4 completed quarters
9immediately preceding the Sunday immediately preceding the
10first day that family and medical leave under this Act
11commences shall be used to establish eligibility or a higher
12weekly benefit amount for the covered individual.
 
13    Section 25. Elective coverage; self-employed.
14    (a) For benefits payable beginning January 1, 2024, any
15self-employed person, including a sole proprietor, independent
16contractor, partner, or joint venturer, who has
17self-employment income for work performed in Illinois in
18accordance with the definition of covered individual under
19item (9) of Section 10 may elect coverage for an initial period
20of not less than 3 years and subsequent periods of not less
21than one year immediately following a period of coverage.
22Those electing coverage under this Act are responsible for
23payment of 100% of all premiums assessed to any employer under
24this Act. The self-employed person must file a notice of
25election in writing with the Department in a manner as

 

 

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1required by the Department by rule.
2    (b) A self-employed person who has elected coverage may
3withdraw from coverage within 30 days after the end of each
4period of coverage, or at such other times as the Department
5may adopt by rule, by filing a notice of withdrawal in writing
6with the Department, such withdrawal to take effect not sooner
7than 30 days after the filing the notice with the Department.
8    (c) The Department may cancel elective coverage if the
9self-employed person fails to make required payments or file
10reports. The Department may collect due and unpaid premiums
11and may levy additional premiums for the remainder of the
12period of coverage. The cancellation shall be effective no
13later than 30 days after the date of the notice in writing
14advising the self-employed person of the cancellation.
15    (d) Those electing coverage are considered employees or
16employers where the context dictates.
17    (e) In this Section, "independent contractor" means an
18individual excluded from employment under the definition of
19"employee" under Section 10.
 
20    Section 30. Disqualification from benefits.
21    (a) An employee is disqualified from family and medical
22leave benefits under this Act if the employee:
23        (1) willfully makes a false statement or
24    misrepresentation regarding a material fact or willfully
25    fails to disclose a material fact to obtain benefits; or

 

 

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1        (2) seeks benefits based on a serious health condition
2    that resulted from the employee's commission of a felony.
3    (b) A disqualification for family and medical leave
4benefits is for a period of 2 years and commences on the first
5day of the calendar week in which the employee filed a claim
6for benefits under this Act.
7    An employee who is disqualified for benefits is liable to
8the Department for a penalty of 15% of the amount of benefits
9received by the employee in addition to the total amount of
10benefits received.
 
11    Section 35. Family and Medical Leave Insurance Fund.
12    (a) The Family and Medical Leave Insurance Fund is created
13as a special fund in the State treasury. Money in the Fund may
14be used for the payment of family and medical leave benefits
15and for the administration of this Act. All interest and other
16earnings that accrue from investment of money in the Fund
17shall be credited to the Fund.
18    (b) An employer and a covered business entity shall pay a
19premium contribution in the amount of 0.73% of wages for all
20employees and individuals who contract for services with a
21covered business entity. The Department shall by rule provide
22for the collection of the employer's premium contribution. The
23amount of the employer's premium contribution imposed under
24this Section, less refunds authorized by this Act, and all
25assessments and penalties collected under this Act shall be

 

 

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1deposited into and credited to the Fund.
2    (c) A separate account, to be known as the Family and
3Medical Leave Insurance Administration Account, shall be
4maintained in the Fund. An amount determined by the Department
5sufficient for proper administration, not to exceed 0.05% of
6additional employer and covered business entity premium
7contributions as defined in this Section, shall be collected
8and credited to the Administration Account. The expenses of
9the Department in administering the Fund and its accounts
10shall be charged against the Administration Account. The costs
11of administration of this Act shall be charged to the
12Administration Account.
13    (d) A separate account, to be known as the Family and
14Medical Leave Benefits Account, shall be maintained in the
15Fund. The account shall be charged with all benefit payments.
16    (e) The Department may adjust rates for the collection of
17premiums pursuant to subsection (b) of this Section. The
18Department shall set rates for premiums in a manner that
19minimizes the volatility of the rates assessed and so that at
20the end of the period for which the rates are effective, the
21cash balance shall be an amount approximating 125% of 12
22months of projected expenditures from the Fund, considering
23the functions and duties of the Department under this Act.
24    (f) An employer or covered business entity required to pay
25premium contributions under this Section shall make and file a
26report of amounts due under this Section upon a combined

 

 

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1report form prescribed by the Department. The report shall be
2filed with the Department at the times and in the manner
3prescribed by the Department.
4    (g) If the employer or covered business entity is a
5temporary employment agency that provides employees or
6individuals who contract for services with a covered business
7entity on a temporary basis to its customers, the temporary
8employment agency is considered a joint employer with its
9customers for purposes of this Act.
10    (h) When an employer or covered business entity goes out
11of business or sells out, exchanges, or otherwise disposes of
12the business or stock of goods, any premiums payable under
13this Section are immediately due and payable, and the employer
14or covered business entity shall, within 10 days thereafter,
15pay the premiums due. A person who becomes a successor to the
16business is liable for the full amount of the premiums and
17shall withhold from the purchase price a sum sufficient to pay
18any premiums due from the employer until the employer produces
19a receipt from the Department showing payment in full of any
20premiums due or a certificate that no premium is due. If the
21premiums are not paid by the employer or covered business
22entity within 10 days after the date of the sale, exchange, or
23disposal, the successor is liable for the payment of the full
24amount of the premiums. The successor's payment of the
25premiums are, to the extent of the payment, a payment upon the
26purchase price, and if the payment is greater in amount than

 

 

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1the purchase price, the amount of the difference is a debt due
2the successor from the employer or covered business entity. A
3successor is not liable for any premiums due from the person
4from whom the successor has acquired a business or stock of
5goods if the successor gives written notice to the Department
6of the acquisition and no assessment is issued by the
7Department within one year after receipt of the notice against
8the former operator of the business.
9    (i) This Section is inoperative before January 1, 2024. At
10that time, the Department shall begin collecting the amounts
11due under this Section.
 
12    Section 40. Weekly benefit for family and medical leave.
13    (a) An individual's weekly benefit rate shall be
14determined as follows: if the average weekly wage to the
15employee, individual who contracts for services with a covered
16business entity, or domestic worker is (a) 50% or less of the
17statewide average weekly wage, the weekly benefit for the
18employee, individual with a contract for services with a
19covered business entity, or domestic worker is 90% of the
20average weekly wage of the employee, individual with a
21contract for services with a covered business entity, or
22domestic worker or (b) greater than 50% of the statewide
23average weekly wage, the weekly benefit for the employee,
24individual with a contract for services with a covered
25business entity, or domestic worker is the sum of: (i) 90% of

 

 

HB5029- 31 -LRB102 25760 SPS 35086 b

1the average weekly wage of the employee, individual with a
2contract for services with a covered business entity, or
3domestic worker up to 50% of the statewide average weekly
4wage; and (ii) 50% of the average weekly wage of the employee,
5individual with a contract for services with a covered
6business entity, or domestic worker that is greater than 50%
7of the statewide average weekly wage. The benefit rate shall
8be computed to the next lower multiple of $1 if not already a
9multiple thereof. The amount of benefits for each day of
10family and medical leave for which benefits are payable shall
11be one-seventh of the corresponding weekly benefit amount;
12provided that the total benefits for a fractional part of a
13week shall be computed to the next lower multiple of $1 if not
14already a multiple thereof.
15    (b) The maximum weekly benefit for family and medical
16leave that occurs on or after January 1, 2022 shall be $1,000.
17By September 30, 2024, and by each subsequent September 30th,
18the maximum weekly benefit shall be adjusted to 90% of the
19State average weekly wage. The adjusted maximum weekly benefit
20amount takes effect on the following January 1st.
21    (c) With respect to any period of family and medical leave
22taken by a covered individual, family and medical leave
23insurance benefits not in excess of the covered individual's
24maximum benefits shall be payable with respect to the first
25day of family and medical leave taken and each subsequent day
26of family and medical leave during that period of family and

 

 

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1medical leave. The maximum total benefits payable to any
2covered individual commencing on or after the effective date
3of this Act shall be 26 times the weekly benefit amount for an
4employee, individual with a contract for services with a
5covered business entity, or domestic worker in the applicable
6benefit year, except for individuals taking leave pursuant to
7paragraph (C) of item (19) of Section 10 for conditions in
8connection with pregnancy, recovery from childbirth, or any
9related condition where the maximum total benefits payable to
10any covered individual shall be 52 times the employee's weekly
11benefit amount in the applicable benefit year, provided that
12the maximum amount shall be computed in the next lower
13multiple of $1 if not already a multiple thereof.
14    (d) The first payment of benefits must be made to a covered
15individual within 14 calendar days after the claim is filed
16and there is sufficient information to approve at least one
17week of benefits; subsequent payments must be made no later
18than semi-monthly thereafter.
19    Nothing in this Act shall be construed to prohibit the
20establishment by an employer or a covered business entity,
21without approval by the Department, of a supplementary plan or
22plans providing for the payment to employees, individuals with
23a contract for services with a covered business entity, or
24domestic workers or to any class or classes of employees,
25individuals with a contract for services with a covered
26business entity, or domestic workers, of benefits in addition

 

 

HB5029- 33 -LRB102 25760 SPS 35086 b

1to the benefits provided by this Act. The rights, duties, and
2responsibilities of all interested parties under the
3supplementary plans shall be unaffected by any provision of
4this Act.
 
5    Section 45. Family and medical leave; duration. A covered
6individual may take up to 26 weeks of family and medical leave
7within any 12-month period for reasons identified in
8paragraphs (A), (B), (C), (D), and (E) of item (19) of Section
910. However, a covered individual may take up to an additional
1026 weeks of family and medical leave within any 12-month
11period for which the covered individual is eligible for leave
12under paragraph (C) of item (19) of Section 10 taken in
13connection with pregnancy, recovery from childbirth, or
14related conditions. A covered individual may take family and
15medical leave consecutively or on an intermittent schedule in
16which all of the leave authorized under this Act is not taken
17sequentially.
 
18    Section 50. Annual reports; contents.
19    (a) The Department shall issue and make available to the
20public, not later than July 1, 2025 and July 1 of each
21subsequent year, annual reports providing data on family and
22medical leave benefits claims including separate data for each
23of the following categories of claims: the employee's,
24individual with a contract for services with a covered

 

 

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1business entity's, or domestic worker's own serious illness;
2care of newborn children; care of newly adopted and fostered
3children; care of seriously ill family members; because of
4family members on active duty in the Armed Forces; for
5domestic or sexual violence, and for conditions in connection
6with pregnancy, recovering from childbirth, or related
7conditions. The reports shall include, for each category of
8claims, the number of individuals receiving the benefits, the
9amount of benefits paid, the average duration of benefits, and
10the average weekly benefit. The report shall provide data by
11gender, race, ethnicity, income, and any other demographic
12factors determined to be relevant by the Department. The
13reports shall also provide, for all family and medical leave
14benefits, the total costs of benefits and the total cost of
15administration, the portion of benefits for claims during
16family and medical leave, and the total revenues from employer
17or covered business entity premium contributions and
18assessments, where applicable; and other sources.
19    (b) The Department may, in its discretion, conduct surveys
20and other research regarding, and include in the annual
21reports descriptions and evaluations of the impact and
22potential future impact of the costs and benefits resulting
23from this Act for:
24        (1) employees and their families, including surveys
25    and evaluations of what portion of the total number of
26    employees taking family and medical leave would not have

 

 

HB5029- 35 -LRB102 25760 SPS 35086 b

1    taken leave, or would have taken less leave, without the
2    availability of benefits; what portion of employees return
3    to work after receiving benefits and what portion are not
4    permitted to return to work; and what portion of employees
5    who are eligible for benefits do not claim or receive them
6    and why they do not;
7        (2) employers, including benefits such as reduced
8    training and other costs related to reduced turnover of
9    personnel, and increased affordability of family and
10    medical leave through the State, with special attention
11    given to small businesses; and
12        (3) the public, including savings caused by any
13    reduction in the number of people receiving public
14    assistance.
15    (c) The total amount of any expenses that the Department
16determines are necessary to carry out its duties pursuant to
17this Section shall be charged to the Administration Account of
18the Fund.
 
19    Section 55. Prohibited acts; enforcement.
20    (a) No employer, employment and labor placement agency,
21employment agency, employee organization, covered business
22entity, or other person shall discharge, expel, or otherwise
23retaliate or discriminate against a person because the person
24has requested family and medical leave, attempted to claim
25family and medical leave benefits, taken family and medical

 

 

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1leave, filed or communicated to the employer or covered
2business entity an intent to file a claim, a complaint, or an
3appeal, or has testified or is about to testify or has assisted
4in any proceeding, under this Act, at any time.
5    (b) Any employer or covered business entity who violates
6subsection (a) shall be liable to the individual employed by
7or contracted for services with such a person who is affected
8by the violation for damages equal to the sum of:
9        (1) the amount of:
10            (A) any wages, salary, employment benefits, or
11        other compensation denied or lost to such individual
12        by reason of the violation; or
13            (B) in a case in which wages, salary, employment
14        benefits, or other compensation have not been denied
15        or lost to the individual, any actual monetary losses
16        sustained by the individual as a direct violation,
17        such as the cost of providing care, up to a sum equal
18        to 60 calendar days of wages or salary for the
19        individual; and
20        (2) the interest on the amount described under
21    paragraph (A) of item (1) calculated at the prevailing
22    rate; and
23        (3) an additional amount as liquidated damages equal
24    to the sum of the amount described in item (1) and the
25    interest described in item (2), except if a person who has
26    violated subsection (a) proves to the satisfaction of the

 

 

HB5029- 37 -LRB102 25760 SPS 35086 b

1    court that the act or omission was in good faith and that
2    the person had reasonable grounds for believing that the
3    act or omission was not a violation of subsection (a), the
4    court may, in the discretion of the court, reduce the
5    amount of the liability to the amount and interest
6    determined under paragraph (A) or (B) of item (1),
7    respectively.
8    In addition, a court may order such equitable relief as
9may be appropriate, including employment, reinstatement,
10promotion, and reinstatement of a contract for services.
11    (c) An action to recover the damages or obtain equitable
12relief subsection (a) may be maintained against any person in
13any court on behalf of:
14        (1) the individual; or
15        (2) the individual or other individuals similarly
16    situated.
17    (d) The court in such an action shall, in addition to any
18judgment awarded to the covered individual, allow reasonable
19attorney's fees, reasonable expert witness fees, and other
20costs of the action to be paid by the defendant.
21    (e) The right under subsection (c) to bring an action by or
22on behalf of any individual shall terminate:
23        (1) on the filing of a complaint by the Department in
24    an action in which restraint is sought of any further
25    delay in the payment of the amount described in item (1) of
26    subsection (b) to such individual by the person

 

 

HB5029- 38 -LRB102 25760 SPS 35086 b

1    responsible under subsection (a) for the payment; or
2        (2) on the filing of a complaint by the Department in
3    an action under subsection (f) in which a recovery is
4    sought of the damages described in item (1) of subsection
5    (b) owing to an individual by a person liable under
6    subsection (a).
7    (f) Action by the Department.
8        (1) The Department may bring an action in any court to
9    recover the damages described in item (1) of subsection
10    (b).
11        (2) Any sums recovered under item (1) of this
12    subsection shall be held in a special deposit account and
13    shall be paid, on order of the Department, directly to
14    each individual affected. Any such sums not paid to an
15    individual because of inability to do so within a period
16    of 3 years shall be deposited into the Fund.
17        (3) An action may be brought under this subsection not
18    later than 3 years after the date of the last event
19    constituting the alleged violation for which the action is
20    brought.
21        (4) An action brought by the Department under this
22    subsection shall be considered to be commenced on the date
23    when the complaint is filed.
24        (5) The Department may bring an action to restrain
25    violations of subsection (a), including the restraint of
26    any withholding of payment of wages, salary, employment

 

 

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1    benefits, or other compensation, plus interest, found by
2    the court to be due to the individual, or to award such
3    other equitable relief as may be appropriate, including
4    employment, reinstatement, and promotion.
5    (g) A person aggrieved by a decision of the Department
6under this Act may request a hearing. The Department shall
7adopt rules governing hearings and the issuance of final
8orders under this Act in accordance with the Illinois
9Administrative Procedure Act. All final administrative
10decisions of the Department under this Act are subject to
11judicial review under the Administrative Review Law.
 
12    Section 60. Penalties.
13    (a) A person who makes a false statement or
14representation, knowing it to be false, or knowingly fails to
15disclose a material fact to obtain or increase any family and
16medical leave benefit during a period of family and medical
17leave, either for themselves or for any other person, shall be
18liable for a civil penalty of $250 to be paid to the Fund. Each
19such false statement or representation or failure to disclose
20a material fact shall constitute a separate offense. Upon
21refusal to pay such a civil penalty, the civil penalty shall be
22recovered in a civil action by the Attorney General on behalf
23of the Department in the name of the State of Illinois. If, in
24any case in which liability for the payment of a civil penalty
25has been determined, any person who has received any benefits

 

 

HB5029- 40 -LRB102 25760 SPS 35086 b

1under this Act by reason of the making of such false statements
2or representations or failure to disclose a material fact
3shall not be entitled to any benefits under this Act for any
4leave occurring prior to the time he or she has discharged his
5or her liability to pay the civil penalty.
6    (b) A person who willfully violates any provision of this
7Act or any rule adopted under this Act for which a civil
8penalty is neither prescribed by this Act nor provided by any
9other applicable law shall be subject to a civil penalty of
10$500 to be paid to the Fund. Upon the refusal to pay such a
11civil penalty, the civil penalty shall be recovered in a civil
12action by the Attorney General on behalf of the Department in
13the name of the State of Illinois.
 
14    Section 65. Leave and employment protection.
15    (a) During a period in which an employee, individual who
16contracts for services with a covered business entity, or
17domestic worker receives family and medical leave benefits
18under this Act, the employee, individual who contracts for
19services with a covered business entity, or domestic worker is
20entitled to family and medical leave and, at the established
21ending date of leave, to be restored to a position of
22employment or restoration of the contract for services with
23the employer or covered business entity from whom leave was
24taken as provided under subsection (b).
25    (b) Except as provided in subsection (d), an employee,

 

 

HB5029- 41 -LRB102 25760 SPS 35086 b

1individual with a contract for services with a covered
2business entity, or domestic worker who receives family and
3medical leave benefits under this Act for the intended purpose
4of the family and medical leave is entitled, on return from the
5leave:
6        (1) to be restored by the employer to the position of
7    employment held by the employee, restored by the covered
8    business entity to the contract for services, or restored
9    to the position of employment or the contract for services
10    for domestic workers when the family and medical leave
11    commenced; or
12        (2) to be restored to an equivalent position or
13    contract with equivalent employment benefits, pay, and
14    other terms and conditions of employment or contract at a
15    workplace within the same or a geographically proximate
16    work site (such as one that does not involve a significant
17    increase in commuting time or distance) when the family
18    and medical leave commenced.
19    (c) The taking of family and medical leave under this Act
20may not result in the loss of any employment or contract
21benefits accrued before the date on which the family and
22medical leave commenced.
23    (d) Nothing in this Section entitles a restored employee,
24individual who contracts for services with a covered business
25entity, or domestic worker to:
26        (1) the accrual of any seniority or employment

 

 

HB5029- 42 -LRB102 25760 SPS 35086 b

1    benefits during any period of family and medical 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 family and medical leave.
6    (e) Nothing in this Section prohibits an employer from
7requiring an employee, individual who contracts for services
8with a covered business entity, or domestic worker on family
9and medical leave to report periodically, but no more than
10twice every 4 weeks of leave, to the employer, covered
11business entity on the status and intention of the employee,
12individual with a contract for services, or domestic worker to
13return to work.
 
14    Section 70. Pregnancy; effect of other State law. No
15individual shall suffer any repercussion under any Illinois
16law, rule, or policy for any decisions the covered individual
17is authorized to make under this Act regarding leave related
18to pregnancy, recovery from childbirth, or related conditions.
 
19    Section 75. Notice to employer or covered business entity.
20If the necessity for family and medical leave for any reason
21under item (19) of Section 10 is foreseeable, the employee,
22individual with a contract for services with a covered
23business entity, or domestic worker shall provide the employer
24or covered business entity with not less than 30 days' notice,

 

 

HB5029- 43 -LRB102 25760 SPS 35086 b

1before the date the leave is to begin, of the intention of the
2employee, individual with a contract for services with a
3covered business entity to take leave, except that if the
4expected date requires leave to begin in less than 30 days, the
5employee, individual with a contract for services with a
6covered business entity, or domestic worker shall provide such
7notice as is practical.
 
8    Section 80. Employment by same employer or covered
9business entity. The right of an employee, individual who
10contracts for services with a covered business entity, or
11domestic worker to leave under this Act shall not be altered or
12abridged by access to leave of any other employee, individual
13who contracts for services with a covered business entity, or
14domestic worker.
 
15    Section 85. Coordination of leave. Family and medical
16leave taken under this Act must be taken concurrently with any
17leave taken under the federal Family and Medical Leave Act of
181993, if applicable.
 
19    Section 90. Notice. Every employer and covered business
20entity covered by this Act shall post and keep posted, in a
21conspicuous place on the premises of the employer or covered
22business entity where notices to employees are customarily
23posted, a notice, to be prepared or approved by the Director of

 

 

HB5029- 44 -LRB102 25760 SPS 35086 b

1Employment Security, summarizing the requirements of this Act
2and information pertaining to the filing of a charge. Every
3employer and covered business entity shall also provide such
4notice to employees, individuals with contracts for services
5with a covered business entity, and domestic workers through
6electronic transmission to the employee, individual with a
7contract for services with the covered business entity, or
8domestic worker. The Director shall furnish copies of
9summaries and rules to the employers and covered business
10entities upon request without charge. Any employer or covered
11business entity that fails to post the required notice or
12transmit such notice may not rely on this Act to claim that the
13employee, individual with a contract for services with a
14covered business entity, or domestic worker failed to inform
15the employer or covered business entity that the employee,
16individual with a contract for services with a covered
17business entity, or domestic worker wanted or was eligible for
18leave under this Act.
 
19    Section 95. Rules. The Department may adopt any rules
20necessary to implement this Act.
 
21    Section 105. Severability. The provisions of this Act are
22severable under Section 1.31 of the Statute on Statutes.
 
23    Section 900. The State Finance Act is amended by adding

 

 

HB5029- 45 -LRB102 25760 SPS 35086 b

1Section 5.970 as follows:
 
2    (30 ILCS 105/5.970 new)
3    Sec. 5.970. The Family and Medical Leave Insurance Fund.
 
4    Section 999. Effective date. This Act takes effect January
51, 2023.