SB1190sam002 98TH GENERAL ASSEMBLY

Sen. Toi W. Hutchinson

Filed: 4/15/2013

09800SB1190sam002 LRB098 06898 JLS 44665 a

AMENDMENT TO SENATE BILL 1190

AMENDMENT NO. ______. Amend Senate Bill 1190 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Illinois Family Care Provider Act.

Section 5. 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 nationally;

(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 conditions; and

(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 responsibilities.

(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.

Section 10. Definitions. 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 seq.

"Employer" has the meaning ascribed to that term in the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.

"Grandparent" means a biological, adopted, or step grandparent of an employee.

"Grandchild" means a biological, adopted, or step grandchild 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.

Section 15. 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.

Section 20. Notification. An employee must comply with the employer's usual and customary procedural requirements for 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.

Section 25. Certification. 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.

Section 30. Enforcement. 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.

Section 35. Refusal to pay damages. Any employer who has been ordered by the court to pay damages under this Act is liable for:

(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 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.

Section 40. Interpretation. 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.

Section 99. Effective date. This Act takes effect upon becoming law.".