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Rep. Mary E. Flowers
Filed: 4/19/2016
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1 | | AMENDMENT TO HOUSE BILL 166
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2 | | AMENDMENT NO. ______. Amend House Bill 166, AS AMENDED, by |
3 | | replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 1. Short title. This Act may be cited as the Paid |
6 | | Family Leave Act. |
7 | | Section 5. Declaration of policy and intent. |
8 | | (a) It is the public policy of this State to protect |
9 | | working families against the economic hardship caused by the |
10 | | need to take time off from work to care for family members who |
11 | | are incapable of self-care, including newborn and newly adopted |
12 | | children. The growing portion of middle-income families in |
13 | | which all adult family members work, largely due to economic |
14 | | necessity, points to the desperate need for replacement income |
15 | | when a working family member must take time to care for family |
16 | | members who are unable to take care of themselves. |
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1 | | Moreover, many women are single mothers or the primary |
2 | | breadwinners for their families. If any of these women take an |
3 | | unpaid maternity leave, her whole family, and Illinois, |
4 | | suffers. |
5 | | The United States is the only industrialized nation in the |
6 | | world that does not have a mandatory workplace-based program |
7 | | for such income support. |
8 | | It is therefore desirable and necessary to develop systems |
9 | | that help families adapt to the competing interests of work and |
10 | | home which not only benefit workers, but also benefit employers |
11 | | by reducing employee turnover and increasing worker |
12 | | productivity. |
13 | | (b) It is the intent of the General Assembly to create a |
14 | | family leave program to relieve the serious menace to health, |
15 | | morals, and welfare of Illinois families, to increase workplace |
16 | | productivity, and to alleviate the enormous and growing stress |
17 | | on working families of balancing the demands of work and family |
18 | | needs. |
19 | | Section 10. Definitions. In this Act: |
20 | | (1)(A) "Average weekly wage" means the amount derived by |
21 | | dividing a covered employee's total wages earned from the |
22 | | employee's most recent covered employer during the base weeks |
23 | | in the 8 calendar weeks immediately preceding the calendar week |
24 | | in which a period of family leave commenced by the number of |
25 | | such base weeks. |
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1 | | (B) If the computation in paragraph (A) yields a result |
2 | | that is less than the employee's average weekly earnings in |
3 | | employment with all covered employers during the base weeks in |
4 | | such 8 calendar weeks, then the average weekly wage shall be |
5 | | computed on the basis of earnings from all covered employers |
6 | | during the base weeks in the 8 calendar weeks immediately |
7 | | preceding the week in which the period of family leave |
8 | | commenced. |
9 | | (C) For periods of family leave, if the computations in |
10 | | paragraphs (A) and (B) both yield a result which is less than |
11 | | the employee's average weekly earnings in employment with all |
12 | | covered employers during the base weeks in the 26 calendar |
13 | | weeks immediately preceding the week in which the period of |
14 | | family leave commenced, then the average weekly wage shall, |
15 | | upon a written request to the Department by the employee on a |
16 | | form provided by the Department, be computed by the Department |
17 | | on the basis of earnings from all covered employers of the |
18 | | employee during the base weeks in those 26 calendar weeks. |
19 | | (2) "Base hours" means the hours of work for which an |
20 | | employee receives compensation. "Base hours" includes overtime |
21 | | hours for which the employee is paid additional or overtime |
22 | | compensation and hours for which the employee receives workers' |
23 | | compensation benefits. "Base hours" also includes hours an |
24 | | employee would have worked except for having been in military |
25 | | service. At the option of the employer, "base hours" may |
26 | | include hours for which the employee receives other types of |
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1 | | compensation, such as administrative, personal leave, vacation |
2 | | or sick leave. |
3 | | (3) "Base salary" means the salary paid to an employee, |
4 | | excluding overtime and bonuses, but not excluding salary |
5 | | withheld for State, federal, and local taxes, FICA, and |
6 | | employee contributions to any pension or health or other |
7 | | insurance plans or programs.
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8 | | (4) "Care" includes, but is not limited to, physical care, |
9 | | emotional support, visitation, arranging for a change in care, |
10 | | assistance with essential daily living matters, and personal |
11 | | attendant services. |
12 | | (5) "Child" means a biological, adopted, or foster child, |
13 | | stepchild, or legal ward of an eligible employee, child of a |
14 | | domestic partner of the eligible employee, or child of a civil |
15 | | union partner of the eligible employee, who is less than 19 |
16 | | years of age or is 19 years of age or older, but incapable of |
17 | | self-care because of a mental or physical impairment. |
18 | | (6) "Civil union" means a civil union as defined in the |
19 | | Illinois Religious Freedom Protection and Civil Union Act.
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20 | | (7) "Consecutive leave" means leave that is taken without |
21 | | interruption based upon an employee's regular work schedule and |
22 | | does not include breaks in employment in which an employee is |
23 | | not regularly scheduled to work. For example, when an employee |
24 | | is normally scheduled to work from September through June and |
25 | | is not scheduled to work during July and August, a leave taken |
26 | | continuously during May, June, and September shall be |
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1 | | considered a consecutive leave. |
2 | | (8) "Department" means the Department of Employment |
3 | | Security.
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4 | | (9) "Director" means the Director of Employment Security |
5 | | and any transaction or exercise of authority by the Director |
6 | | shall be deemed to be performed by the Department.
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7 | | (10) "Eligible employee" means an employee employed by the |
8 | | same employer, as defined in paragraph (11), in the State of |
9 | | Illinois for 12 months or more who has worked 1,000 or more |
10 | | base hours during the preceding 12-month period. An employee is |
11 | | considered to be employed in the State of Illinois if: |
12 | | (A) the employee works in Illinois; or |
13 | | (B) the employee routinely performs some work in |
14 | | Illinois and the employee's base of operations or the place |
15 | | from which the work is directed and controlled is in |
16 | | Illinois. |
17 | | (11) "Employer" means any partnership, association, trust, |
18 | | estate, joint-stock company, insurance company, or |
19 | | corporation, whether domestic or foreign, or the receiver, |
20 | | trustee in bankruptcy, trustee, or person that has in its |
21 | | employ one or more employees performing services for it within |
22 | | this State. "Employer" also includes any employer subject to |
23 | | the Unemployment Insurance Act, except the State, its political |
24 | | subdivisions, and any instrumentality of the State. All |
25 | | employees performing services within this State for any |
26 | | employing unit that maintains 2 or more separate establishments |
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1 | | within this State shall be deemed to be employed by a single |
2 | | employing unit for all purposes of this Act. |
3 | | (12) "Family member" means a child, spouse, party to a |
4 | | civil union, or parent of an eligible employee. |
5 | | (13) "Family leave" means leave taken by an eligible |
6 | | employee from work with an employer: (A) to participate in the |
7 | | providing of care, including physical or psychological care, |
8 | | for the employee or a family member of the eligible employee |
9 | | made necessary by a serious health condition of the family |
10 | | member; (B) to be with a child during the first 12 months after |
11 | | the child's birth, if the employee, or the party to a civil |
12 | | union with the employee, is a biological parent of the child, |
13 | | or the first 12 months after the placement of the child for |
14 | | adoption or foster care with the employee; (C) for the |
15 | | employee's own serious condition; or (D) because of any |
16 | | qualifying exigency as interpreted under the Family and Medical |
17 | | Leave Act of 1993 (29 U.S.C. 2612(a)(1)(E) and 29 CFR 825.126) |
18 | | arising out of the fact that the spouse, domestic partner, |
19 | | child, or parent of the employee is on active duty (or has been |
20 | | notified of an impending call or order to active duty) in the |
21 | | armed forces as of the United States. "Family leave" does not |
22 | | include any period of time during which an eligible employee is |
23 | | paid benefits pursuant to the Workers' Compensation Act or the |
24 | | Unemployment Insurance Act because the employee is unable to |
25 | | perform the duties of the employee's employment due to the |
26 | | employee's own disability. |
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1 | | (14) "Family leave benefits" means any payments that are |
2 | | payable to an eligible employee for all or part of a period of |
3 | | family leave. |
4 | | (15) "Health care provider" means any person licensed under |
5 | | federal, State, or local law or the laws of a foreign nation to |
6 | | provide health care services or any other person who has been |
7 | | authorized to provide health care by a licensed health care |
8 | | provider.
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9 | | (16) "Intermittent leave" means a non-consecutive leave |
10 | | consisting of intervals, each of which is at least one, but |
11 | | less than 12, weeks within a consecutive 12-month period. |
12 | | (17) "Parent of an eligible employee" means a biological |
13 | | parent, foster parent, adoptive parent, or stepparent of the |
14 | | eligible employee or a person who was a legal guardian of the |
15 | | eligible employee when the eligible employee was a child. |
16 | | (18) "Placement for adoption" means the time when an |
17 | | eligible employee adopts a child or becomes responsible for a |
18 | | child pending adoption by the eligible employee. |
19 | | (19) "Serious health condition" means an illness, injury, |
20 | | impairment, or physical or mental condition that requires |
21 | | inpatient care in a hospital, hospice, or residential medical |
22 | | care facility or continuing medical treatment or continuing |
23 | | supervision by a health care provider. |
24 | | (20) "12-month period" means, with respect to an employee |
25 | | who establishes a valid claim for family leave benefits during |
26 | | a period of family leave, the 365 consecutive days that begin |
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1 | | with the first day that the employee first establishes the |
2 | | claim. |
3 | | (21) "Wages" means all compensation payable by employers to |
4 | | eligible employees for personal services including |
5 | | commissions, bonuses, and the cash value of all compensation |
6 | | payable in any medium other than cash. |
7 | | Section 15. Family leave program. |
8 | | (a) Subject to appropriation, the Department shall |
9 | | establish and administer a family leave program. |
10 | | (b) The Department shall establish procedures and forms for |
11 | | filing
claims for benefits under this Act. |
12 | | (c) The Department shall use information sharing and |
13 | | integration
technology to facilitate the disclosure of |
14 | | relevant information or records by the Department of Employment |
15 | | Security, so long as an individual
consents to the disclosure |
16 | | as required under Section 20 of this Act.
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17 | | (d) Information contained in the files and records |
18 | | pertaining to an
employee under this Act is confidential and |
19 | | not open to public
inspection, other than to public employees |
20 | | in the performance of their
official duties. However, the |
21 | | employee or an authorized
representative of an employee may |
22 | | review the records or receive
specific information from the |
23 | | records on the presentation of the signed
authorization of the |
24 | | employee. An employer or the employer's duly
authorized |
25 | | representative may review the records of an employee
employed |
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1 | | by the employer in connection with a pending claim. At the
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2 | | Department's discretion, other persons may review records when |
3 | | such
persons are rendering assistance to the Department at any |
4 | | stage of the
proceedings on any matter pertaining to the |
5 | | administration of this
Act. |
6 | | An employer must keep at its place of business records of |
7 | | employment from which the information needed by the Department |
8 | | for purposes of this Act may be obtained. The records shall at |
9 | | all times be open to the inspection of the Department pursuant |
10 | | to rules adopted by the Department. |
11 | | (e) The Department shall develop and implement an outreach |
12 | | program
to ensure that individuals who may be eligible to |
13 | | receive family leave
benefits under this Act are made aware of |
14 | | these benefits.
Outreach information shall explain, in an easy |
15 | | to understand format,
eligibility requirements, the claims |
16 | | process, weekly benefit amounts,
maximum benefits payable, |
17 | | notice requirements, reinstatement and
nondiscrimination |
18 | | rights, confidentiality, and coordination of leave
under this |
19 | | Act and other laws, collective bargaining agreements,
and |
20 | | employer policies. Outreach information shall be available in
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21 | | English and in languages other than English
that
are spoken as |
22 | | a primary language by a significant portion of the State's
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23 | | population, as determined by the Department. |
24 | | Section 20. Eligibility for benefits. |
25 | | (a) Family leave benefits are payable under the family |
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1 | | leave program to an employee during a period in which the |
2 | | employee is on unpaid family
leave if the employee does all of |
3 | | the following: |
4 | | (1) Takes family leave as defined in Section 10. |
5 | | (2) Files a claim for family leave benefits as required |
6 | | by rules adopted by the Department. |
7 | | (3) Establishes that the employee has been employed for |
8 | | at least 1,000 hours in employment during the employee's |
9 | | qualifying year. |
10 | | (4) Establishes an application year. An application |
11 | | year may not be established if the qualifying year includes |
12 | | hours worked before establishment of a previous |
13 | | application year. |
14 | | (5) Consents to the disclosure of information or |
15 | | records deemed private and confidential by State and |
16 | | federal laws. Further disclosure of this information or |
17 | | these records is subject to subsection (c) of Section 15 of |
18 | | this Act. |
19 | | (6) Discloses whether or not he or she owes child |
20 | | support obligations as defined in subsection (B) of Section |
21 | | 1300 of the Unemployment Insurance Act. |
22 | | (7) Documents that he or she has provided the employer |
23 | | from whom family leave is to be taken with written notice |
24 | | of the employee's intention to take family leave as |
25 | | provided in Section 75. |
26 | | (b) The Department may require that a claim for family |
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1 | | leave benefits under this Section be supported by
a |
2 | | certification issued by a health care provider who is providing |
3 | | care to the employee's family
member if applicable. |
4 | | (c) An employee is not eligible for family leave benefits |
5 | | under this Section for any week for which the
employee receives |
6 | | paid family leave. If an employer provides paid family leave, |
7 | | the employee may elect whether first to use the paid family |
8 | | leave or to receive family leave benefits under this Section.
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9 | | An employee may not be required to use paid family leave to |
10 | | which the employee is entitled
before receiving family leave |
11 | | benefits under this Section. |
12 | | (d) This Section does not limit an employee's right to take |
13 | | leave from employment
under other laws or employer policy. |
14 | | (e) The eligibility of an employee for benefits is not |
15 | | affected by a strike or lockout at the
factory, establishment, |
16 | | or other premises at which the employee is or was last |
17 | | employed. |
18 | | (f) An employee who has received benefits under this |
19 | | Section may not lose any other
employment benefits, including |
20 | | seniority or pension rights, accrued before the date that
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21 | | family leave commenced. However, this Section does not entitle |
22 | | an employee to accrue employment
benefits during a period of |
23 | | family leave or to a right, benefit, or position of employment
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24 | | other than a right, benefit, or position to which the employee |
25 | | would have been
entitled had the employee not taken family |
26 | | leave. |
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1 | | (g) This Section does not diminish an employer's obligation |
2 | | to comply with a collective
bargaining agreement or an |
3 | | employment benefits program or plan that provides greater
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4 | | benefits to employees than the benefits provided under this |
5 | | Section. |
6 | | (h) An agreement by an employee to waive the employee's |
7 | | rights under this Section is
void as contrary to public policy. |
8 | | The benefits under this Section may not be diminished by
a |
9 | | collective bargaining agreement or another employment benefits |
10 | | program or plan entered
into or renewed after the effective |
11 | | date of this Act. |
12 | | (i) This Section does not create a continuing entitlement |
13 | | or contractual right. |
14 | | Section 25. Disqualification from benefits. |
15 | | (a) An employee is disqualified from family leave benefits |
16 | | under this Act if the
employee: |
17 | | (1) willfully makes a false statement or |
18 | | misrepresentation regarding a material fact, or
willfully |
19 | | fails to disclose a material fact, to obtain benefits; |
20 | | (2) seeks benefits based on an intentionally |
21 | | self-inflicted serious health condition; or
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22 | | (3) seeks benefits based on a serious health condition |
23 | | that resulted from the employee's
commission of a felony. |
24 | | (b) A disqualification for family leave benefits is for a |
25 | | period of 2 years, and
commences on the first day of the |
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1 | | calendar week in which the employee filed a claim for
benefits |
2 | | under this Act. An employee who is disqualified for benefits is |
3 | | liable to the Department for a penalty in an amount equal to |
4 | | 15% of the amount
of benefits received by the employee. |
5 | | Section 30. State Benefits Fund. |
6 | | (a) The State Benefits Fund is created as a special fund in |
7 | | the State treasury. Subject to appropriation, moneys in the |
8 | | Fund may be used for the payment of family leave benefits and |
9 | | for the administration of this Act. All interest and other |
10 | | earnings that accrue from investment of moneys in the Fund |
11 | | shall be credited to the Fund. |
12 | | (b) There is imposed a tax upon employees in the amount of |
13 | | 0.3% of wages as defined in Section 235 of the Unemployment |
14 | | Insurance Act. The Department shall by rule provide for the |
15 | | collection of this tax. |
16 | | The amount of the tax imposed under this Section, less |
17 | | refunds authorized by this Act, and all assessments and |
18 | | penalties collected under this Act shall be deposited into and |
19 | | credited to the Fund. |
20 | | (c) A separate account, to be known as the Administration |
21 | | Account, shall be maintained in the Fund. An amount determined |
22 | | by the Treasurer sufficient for proper administration, not to |
23 | | exceed, however, 0.1% of wages as defined in this Section, |
24 | | shall be credited to the Administration Account. The expenses |
25 | | of the Treasurer in administering the Fund and its accounts |
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1 | | shall be charged against the Administration Account. The costs |
2 | | of administration of this Act shall be charged to the |
3 | | Administration Account. |
4 | | (d) A separate account, to be known as the Family Leave |
5 | | Benefits Account, shall be maintained in the Fund. The account |
6 | | shall be charged with all benefit payments. Prior to July 1 of |
7 | | each calendar year, the Department shall determine the average |
8 | | rate of interest and other earnings on all investments of the |
9 | | Fund for the preceding calendar year. If there is an |
10 | | accumulated deficit in the Family Leave Benefits Account in |
11 | | excess of $200,000 at the end of any calendar year after |
12 | | interest and other earnings have been credited as provided in |
13 | | this Section, the Director shall determine the ratio of the |
14 | | deficit to the total of all taxable wages paid during the |
15 | | preceding calendar year and shall make an assessment against |
16 | | all employers in an amount equal to the taxable wages paid by |
17 | | them during the preceding calendar year to employees, |
18 | | multiplied by the ratio, but in no event shall any such |
19 | | assessment exceed 0.1% of such wages. The amounts shall be |
20 | | collectible by the Department in the same manner as provided |
21 | | for the collection of employer contributions under the |
22 | | Unemployment Insurance Act. In making this assessment, the |
23 | | Department shall furnish to each affected employer a brief |
24 | | summary of the determination of the assessment. The amount of |
25 | | such assessments collected by the Department shall be credited |
26 | | to the Family Leave Benefits Account.
As used in this Section, |
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1 | | "wages" means wages as provided in Section 235 of the |
2 | | Unemployment Insurance Act. |
3 | | (e) A board of trustees, consisting of the State Treasurer, |
4 | | the Secretary of State, the Director of Labor, the Director of |
5 | | Employment Security, and the State Comptroller, is hereby |
6 | | created. The board shall invest and reinvest all moneys in the |
7 | | Fund in excess of its cash requirements in obligations legal |
8 | | for savings banks. |
9 | | Section 35. Compensation for family leave. |
10 | | (a) An individual's weekly benefit rate shall be two-thirds |
11 | | of his or her average weekly wage, subject to a maximum of 53% |
12 | | of the Statewide average weekly wage paid to workers by |
13 | | employers, as determined pursuant to Section 401 of the |
14 | | Unemployment Insurance Act, provided, however, that the |
15 | | individual's benefit rate shall be computed to the next lower |
16 | | multiple of $1 if not already a multiple thereof. The amount of |
17 | | benefits for each day of family leave for which benefits are |
18 | | payable shall be one-seventh of the corresponding weekly |
19 | | benefit amount; provided that the total benefits for a |
20 | | fractional part of a week shall be computed to the next lower |
21 | | multiple of $1 if not already a multiple thereof. |
22 | | (b) With respect to any period of family leave and while an |
23 | | individual is an eligible employee, family benefits not in |
24 | | excess of the individual's maximum benefits shall be payable |
25 | | with respect to the first day of leave taken after the first |
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1 | | one-week period following the commencement of the period of |
2 | | family leave and each subsequent day of family leave during |
3 | | that period of family leave; and if benefits become payable on |
4 | | any day after the first 3 weeks in which leave is taken, then |
5 | | benefits shall also be payable with respect to any leave taken |
6 | | during the first one-week period in which leave is taken. The |
7 | | maximum total benefits payable to any eligible individual |
8 | | commencing on or after the effective date of this Act shall be |
9 | | 6 times the individual's weekly benefit amount or one-third of |
10 | | his or her total wages in his or her base year, whichever is |
11 | | the lesser; provided that the maximum amount shall be computed |
12 | | in the next lower multiple of $1 if not already a multiple |
13 | | thereof. |
14 | | (c) All of the family leave benefits paid to an eligible |
15 | | employee during a period of family leave with respect to any |
16 | | one birth or adoption shall be for a single continuous period |
17 | | of time, except that the employer of the eligible employee may |
18 | | permit the eligible employee to receive the family leave |
19 | | benefits during non-consecutive weeks in a manner mutually |
20 | | agreed to by the employer and the eligible employee and |
21 | | disclosed to the Department by the employer. |
22 | | (d) Nothing in this Act shall be construed to prohibit the |
23 | | establishment by an employer, without approval by the |
24 | | Department, of a supplementary plan or plans providing for the |
25 | | payment to employees, or to any class or classes of employees, |
26 | | of benefits in addition to the benefits provided by this Act or |
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1 | | to prohibit the collection or receipt of additional voluntary |
2 | | contributions from employees toward the cost of the additional |
3 | | benefits. The rights, duties, and responsibilities of all |
4 | | interested parties under the supplementary plans shall be |
5 | | unaffected by any provision of this Act.
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6 | | Section 45. Hearings. A person aggrieved by a decision of |
7 | | the Department under this Act may request a hearing. The |
8 | | Department shall adopt rules governing hearings and the |
9 | | issuance of final orders under this Act in accordance with the |
10 | | provisions of the Illinois Administrative Procedure Act. All |
11 | | final administrative decisions of the Department under this Act |
12 | | are subject to judicial review under the Administrative Review |
13 | | Law. |
14 | | Section 50. Prohibited acts. No employer, temporary |
15 | | employment
agency, employment agency, employee organization, |
16 | | or other person shall discharge,
expel, or otherwise |
17 | | discriminate against a person because the person has filed or |
18 | | communicated
to the employer an intent to file a claim, a |
19 | | complaint, or an appeal or has testified or
is about to testify |
20 | | or has assisted in any proceeding, under this Act, at any time. |
21 | | Section 55. Penalties.
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22 | | (a) A person who makes a false statement or representation, |
23 | | knowing it to be false, or knowingly fails to disclose a |
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1 | | material fact to obtain or increase any family leave benefit |
2 | | during a period of family leave, either for himself or herself |
3 | | or for any other person, shall be liable for a civil penalty of |
4 | | $250 to be paid to the Department. Each such false statement or |
5 | | representation or failure to disclose a material fact shall |
6 | | constitute a separate offense. Upon refusal to pay such civil |
7 | | penalty, the civil penalty shall be recovered in a civil action |
8 | | by the Attorney General on behalf the Department in the name of |
9 | | the State of Illinois. If, in any case in which liability for |
10 | | the payment of a civil penalty has been determined, any person |
11 | | who has received any benefits under this Act by reason of the |
12 | | making of such false statements or representations or failure |
13 | | to disclose a material fact shall not be entitled to any |
14 | | benefits under this Act for any leave occurring prior to the |
15 | | time he or she has discharged his or her liability to pay the |
16 | | civil penalty.
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17 | | (b) A person who willfully violates any provision of this |
18 | | Act or any rule adopted under this Act for which a civil |
19 | | penalty is neither prescribed in this Act nor provided by any |
20 | | other applicable law shall be subject to a civil penalty of |
21 | | $500 to be paid to the Department. Upon the refusal to pay such |
22 | | civil penalty, the civil penalty shall be recovered in a civil |
23 | | action by the Attorney General on behalf of the Department in |
24 | | the name of the State of Illinois. |
25 | | (c) A person, employing unit, employer, or entity violating |
26 | | any provision of this Section with intent to defraud the |
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1 | | Department is guilty of a Class C misdemeanor. The fine upon |
2 | | conviction shall be payable to the Fund. Any penalties imposed |
3 | | by this subsection shall be in addition to those otherwise |
4 | | prescribed in this Section. |
5 | | Section 70. Leave and employment protection. |
6 | | (a) During a period in which an employee receives family |
7 | | leave benefits or earns waiting period credits under this Act, |
8 | | the employee is entitled to family leave and, at the |
9 | | established ending date of leave, to be restored to a position |
10 | | of employment with the employer from whom leave was taken as |
11 | | provided under subsection (b). |
12 | | (b) Except as provided in subsection (f), an employee who |
13 | | receives family leave benefits under this Act for the intended |
14 | | purpose of the family leave is entitled, on return from the |
15 | | leave: |
16 | | (1) to be restored by the employer to the position of |
17 | | employment held by the employee when the family leave |
18 | | commenced; or |
19 | | (2)
to be restored to an equivalent position with |
20 | | equivalent employment benefits, pay, and other terms and |
21 | | conditions of employment at a workplace within 20 miles of |
22 | | the employee's workplace when the family leave commenced. |
23 | | (c) The taking of family leave under this Act may not |
24 | | result in the loss of any employment benefits accrued before |
25 | | the date on which the family leave commenced. |
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1 | | (d) Nothing in this Section entitles a restored employee |
2 | | to:
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3 | | (1) the accrual of any seniority or employment benefits |
4 | | during any period of family leave; or |
5 | | (2) any right, benefit, or position of employment other |
6 | | than any right, benefit, or position to which the employee |
7 | | would have been entitled to had the employee not taken the |
8 | | family leave. |
9 | | (e) Nothing in this Section prohibits an employer from |
10 | | requiring an employee on family leave to report periodically to |
11 | | the employer on the status and intention of the employee to |
12 | | return to work. |
13 | | (f) An employer may deny restoration under subsection (b) |
14 | | to a salaried employee who is among the highest paid 10% of the |
15 | | employees employed by the employer within 75 miles of the |
16 | | facility at which the employee is employed if: |
17 | | (1) denial is necessary to prevent substantial and |
18 | | grievous economic injury to the operations of the employer; |
19 | | (2) the employer notifies the employee of the intent of |
20 | | the employer to deny restoration on such basis at the time |
21 | | the employer determines that the injury would occur; and
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22 | | (3) the family leave has commenced and the employee |
23 | | elects not to return to employment after receiving the |
24 | | notice. |
25 | | (g) This Section applies to an employee only if: |
26 | | (1) the employer from whom the employee takes family |
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1 | | leave employs more than 50 employees; and |
2 | | (2) the employee has been employed for at least 12 |
3 | | months by that employer, and for at least 1,250 hours of |
4 | | service with that employer during the previous 12-month |
5 | | period.
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6 | | Section 75. Notice to employer. |
7 | | (a) If the necessity for family leave for the birth or |
8 | | placement of a child is foreseeable based on an expected birth |
9 | | or placement, the employee shall provide the employer with not |
10 | | less than 30 days' notice, before the date the leave is to |
11 | | begin, of the employee's intention to take leave for the birth |
12 | | or placement of a child, except that if the date of the birth |
13 | | or placement requires leave to begin in less than 30 days, the |
14 | | employee shall provide such notice as is practicable.
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15 | | (b) If the necessity for family leave for a family member's |
16 | | serious health condition is foreseeable based on planned |
17 | | medical treatment, the employee: |
18 | | (1) must make a reasonable effort to schedule the |
19 | | treatment so as not to disrupt unduly the operations of the |
20 | | employer; and |
21 | | (2) must provide the employer with not less than 30 |
22 | | days' notice, before the date the leave is to begin, of the |
23 | | employee's intention to take leave for a family member's |
24 | | serious health condition, except that if the date of the |
25 | | treatment requires leave to begin in less than 30 days, the |
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1 | | employee must provide such notice as is practicable. |
2 | | Section 80. Employment by same employer. If spouses who are |
3 | | entitled to leave under this Act are employed by the same |
4 | | employer, the employer may require that spouses not take such |
5 | | leave concurrently. |
6 | | Section 85. Coordination of leave. |
7 | | (a) Family leave taken under this Act must be taken |
8 | | concurrently with any leave taken under the federal Family and |
9 | | Medical Leave Act of 1993. |
10 | | (b) An employer may require that family leave taken under |
11 | | this Act be taken concurrently or otherwise coordinated with |
12 | | leave allowed under the terms of a collective bargaining |
13 | | agreement or employer policy, as applicable, for the birth or |
14 | | placement of a child. The employer must give his or her |
15 | | employees written notice of this requirement. |
16 | | Section 90. Rules. The Department may adopt any rules |
17 | | necessary to implement the provisions of this Act. In adopting |
18 | | rules, the Department shall maintain consistency with the |
19 | | regulations adopted to implement the federal Family and Medical |
20 | | Leave Act of 1993 to the extent such regulations are not in |
21 | | conflict with this Act.
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22 | | Section 100. Authority to contract. The Department may |
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1 | | contract or enter into interagency agreements with other State |
2 | | agencies for the initial administration of the Family Leave |
3 | | Program. |
4 | | Section 175. Severability. The provisions of this Act are |
5 | | severable under Section 1.31 of the Statute on Statutes. |
6 | | Section 900. The State Finance Act is amended by adding |
7 | | Section 5.875 as follows: |
8 | | (30 ILCS 105/5.875 new) |
9 | | Sec. 5.875. The State Benefits Fund. |
10 | | Section 999. Effective date. This Act takes effect upon |
11 | | becoming law.".
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