Full Text of HB4272 98th General Assembly
HB4272 98TH GENERAL ASSEMBLY
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
Introduced , by Rep. Robyn Gabel
SYNOPSIS AS INTRODUCED:
Creates the Illinois Family Care Provider Act. Provides that an
employer must provide up to 12 weeks of unpaid family medical leave to an
employee during any 12-month period for one or more of these purposes: the
birth or adoption of a grandchild in order for the employee to care for
such grandchild; because of the placement of a grandchild with the employee
for adoption or foster care; or in order for the employee to care for a
grandchild if such grandchild has a serious health condition or the
employee to care for a grandparent if such grandparent has a serious health
condition. Contains provisions concerning notification and certification.
Authorizes an employee to file a civil action for enforcement. Effective
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A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Illinois Family Care Provider Act.
Findings and purpose.
(a) Findings. The General Assembly finds that:
(1) the number of households in Illinois in which
working grandparents have primary responsibility for the
care of grandchildren is significant; currently, almost
100,000 grandparents are responsible for the care of
grandchildren living with them, and of these, 68% are under
the age of 60;
(2) in Illinois, over 230,000 children under the age of
18 live in homes with grandparents as the householders;
(3) the number of households in which grandchildren
have primary responsibility for the care of grandparents
and other family members is significant; in fact,
grandchildren comprise 8% of informal caregivers
(4) it is important for the family unit that
grandparents and grandchildren be able to participate in
the care of family members who have serious health
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(5) the lack of employment policies to accommodate
working caregivers, including employees caring for
grandchildren or grandparents, can force individuals to
choose between job security and caregiving
(b) Purpose. It is the purpose of this Act that all
employers required to comply with the Family and Medical Leave
Act of 1993, 29 U.S.C. 2601 et seq., shall include grandparents
and grandchildren as "eligible employees" for leave for the
birth or adoption of a grandchild in order for a grandparent to
care for such grandchild; because of the placement of a
grandchild with the grandparent for adoption or foster care;
and in order for the grandparent to care for the grandchild if
such grandchild has a serious health condition or the
grandchild to care for the grandparent if such grandparent has
a serious health condition.
In this Act:
"Eligible employee" has the meaning ascribed to that term
in the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et
"Employer" has the meaning ascribed to that term in the
Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.
"Grandchild" means a biological, adopted, or step
grandchild of an employee.
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"Grandparent" means a biological, adopted, or step
grandparent of an employee.
"Serious health condition" has the meaning ascribed to that
term in the Family and Medical Leave Act of 1993, 29 U.S.C.
2601 et seq.
Family leave requirement.
(a) Subject to the conditions set forth in this Section, an
employee is entitled to receive and an employer shall provide
up to 12 weeks of unpaid family medical leave to an employee
during any 12-month period for one or more of the following:
the birth or adoption of a grandchild in order for the employee
to care for such grandchild; the placement of a grandchild with
the employee for adoption or foster care; or the employee to
care for a grandchild if such grandchild has a serious health
condition or the employee to care for a grandparent if the
grandparent has a serious health condition.
(b) An employee is not entitled to receive and an employer
is not required to provide more than 12 weeks of unpaid family
medical leave in any 12-month period under this Act. For
purposes of this Act, unpaid family medical leave granted
pursuant to any other law shall be deemed to be unpaid family
medical leave granted under this Act.
An employee must comply with the
employer's usual and customary procedural requirements for
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giving notice of a request for leave, provided that those
notice requirements are consistent with the Family and Medical
Leave Act of 1993, 29 U.S.C. 2601 et seq.
An employer may require that an
employee's leave to care for a grandchild or grandparent, with
a serious health condition, be supported by a certification
issued by the health care provider of the employee's grandchild
or grandparent. Certification under this Section shall comply
with the certification content and requirements provided in 29
C.F.R. 825.305 et seq.
A civil action may be brought in
the circuit court having jurisdiction by an employee to enforce
this Act. The circuit court may enjoin any act or practice that
violates or may violate this Act and may order any other
equitable relief that is necessary and appropriate to redress
the violation or to enforce this Act.
Refusal to pay damages.
Any employer who has
been ordered by the court to pay damages under this Act is
(1) damages equal to the amount of wages, salary,
employment benefits, public assistance, or other
compensation denied or lost to such individual by reason of
the violation and the interest on that amount calculated at
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the prevailing rate;
(2) such equitable relief as may be appropriate,
including employment reinstatement and promotion; and
(3) reasonable attorney's fees, reasonable expert
witness fees, and other costs of the action to be paid by
the respondent to the prevailing employee.
Except as otherwise provided
in this Act, all general requirements for leave, employment,
benefits, and other provisions shall be interpreted in a manner
consistent with the Family and Medical Leave Act of 1993, 29
U.S.C. 2601 et seq.
This Act takes effect upon