Full Text of SB2034 103rd General Assembly
SB2034eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title; references to Act. | 5 | | (a) This Act may be cited as the Child Extended | 6 | | Bereavement Leave Act. | 7 | | (b) This Act may be referred to as Zachary's Parent | 8 | | Protection Act. | 9 | | Section 5. Definitions. In this Act: | 10 | | "Child" means an employee's biological, adopted, or foster | 11 | | child, a stepchild, a legal ward, or a child of a person | 12 | | standing in loco parentis. | 13 | | "Department" means the Department of Labor. | 14 | | "Employee" means a full-time employee of a large employer | 15 | | or a small employer who has worked for that employer for at | 16 | | least 2 weeks. | 17 | | "Employer" means a large employer or a small employer. | 18 | | "Large employer" means a person or entity, other than the | 19 | | federal government or an agency of the federal government, | 20 | | that employs 250 or more employees on a full-time basis in | 21 | | Illinois. | 22 | | "Small employer" means a person or entity, other than the | 23 | | federal government or an agency of the federal government, |
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| 1 | | that employs at least 50 but fewer than 250 employees on a | 2 | | full-time basis in Illinois. | 3 | | Section 10. Leave. | 4 | | (a) An employee of a large employer is entitled to use a | 5 | | maximum of 12 weeks of unpaid leave if the employee | 6 | | experiences the loss of a child by suicide or homicide. | 7 | | (b) An employee of a small employer is entitled to use a | 8 | | maximum of 6 weeks of unpaid leave if the employee experiences | 9 | | the loss of a child by suicide or homicide. | 10 | | (c) Leave under subsection (a) or (b) may be taken in a | 11 | | single continuous period or intermittently in increments of no | 12 | | less than 4 hours, but leave must be completed within one year | 13 | | after the employee notifies the employer of the loss. | 14 | | (d) An employer may require reasonable advance notice of | 15 | | the employee's intention to take leave, unless providing such | 16 | | notice is not reasonable and practicable. | 17 | | (e) An employer may require reasonable documentation. | 18 | | Documentation may include a death certificate, a published | 19 | | obituary, or written verification of death, burial, or | 20 | | memorial services from a mortuary, funeral home, burial | 21 | | society, crematorium, religious institution, or government | 22 | | agency. An employer may require that the documentation include | 23 | | the cause of death. | 24 | | Section 15. Existing leave usable for bereavement. An |
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| 1 | | employee who is entitled to take paid or unpaid leave | 2 | | (including family, medical, sick, annual, personal, or similar | 3 | | leave) from employment, pursuant to federal, State, or local | 4 | | law, a collective bargaining agreement, or an employment | 5 | | benefits program or plan may elect to substitute any period of | 6 | | such leave for an equivalent period of leave provided under | 7 | | this Act. | 8 | | Section 20. Protections. | 9 | | (a) An employee who takes leave under this Act is | 10 | | entitled, on return from such leave:
| 11 | | (1) to be restored by the employer to the position of | 12 | | employment held by the employee when the leave commenced; | 13 | | or
| 14 | | (2) to be restored to an equivalent position with | 15 | | equivalent employment benefits, pay, and other terms and | 16 | | conditions of employment.
| 17 | | (b) The taking of leave under this Act shall not result in | 18 | | the loss of any employment benefit accrued prior to the date on | 19 | | which the leave commenced. | 20 | | (c) Nothing in this Act shall be construed to entitle any | 21 | | restored employee to: | 22 | | (1) the accrual of any seniority or employment | 23 | | benefits during any period of leave; or | 24 | | (2) any right, benefit, or position of employment | 25 | | other than any right, benefit, or position to which the |
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| 1 | | employee would have been entitled had the employee not | 2 | | taken the leave. | 3 | | Section 25. Unlawful employer practices. | 4 | | (a) It is unlawful for any employer to take any adverse | 5 | | action against an employee because the employee: | 6 | | (1) exercises rights or attempts to exercise rights | 7 | | under this Act; | 8 | | (2) opposes practices which such employee believes to | 9 | | be in violation of this Act; or | 10 | | (3) supports the exercise of rights of another under | 11 | | this Act. | 12 | | (b) Exercising rights under this Act includes: | 13 | | (1) filing an action or instituting or causing to be | 14 | | instituted any proceeding under or related to this Act; | 15 | | (2) providing or agreeing to provide any information | 16 | | in connection with any inquiry or proceeding relating to | 17 | | any right provided under this Act; or | 18 | | (3) testifying to or agreeing to testify in any | 19 | | inquiry or proceeding relating to any right provided under | 20 | | this Act. | 21 | | Section 30. Department responsibilities. | 22 | | (a) The Department shall administer and enforce this Act | 23 | | and adopt rules under the Illinois Administrative Procedure | 24 | | Act for the administration and enforcement of this Act. The |
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| 1 | | Department has the powers and the parties have the rights | 2 | | provided in the Illinois Administrative Procedure Act for | 3 | | contested cases. The Department has the power to conduct | 4 | | investigations in connection with the administration and | 5 | | enforcement of this Act, including the power to conduct | 6 | | depositions and discovery and to issue subpoenas. After | 7 | | concluding its investigation, the Director shall notify all | 8 | | parties of the determination. The Director shall issue a | 9 | | notice of violation when the investigation has established | 10 | | that a violation of any part of this Act occurred or is | 11 | | occurring.
The Department shall serve notice on the parties by | 12 | | certified U.S. mail, postage prepaid, return receipt | 13 | | requested, addressed to the last known address of the parties. | 14 | | Within 20 days after the date of service, a party may request a | 15 | | hearing by certified mail or personal delivery to the | 16 | | Department.
Hearings shall be conducted pursuant to the | 17 | | provisions of Article 10 of the Illinois Administrative | 18 | | Procedure Act and the Department's rules of procedure in | 19 | | administrative hearings set forth in 56 Ill. Adm. Code 120. | 20 | | (b) The Department is authorized to impose civil penalties | 21 | | in administrative proceedings that comply with the Illinois | 22 | | Administrative Procedure Act and to supervise the payment of | 23 | | the unpaid wages and damages owing to the employee or | 24 | | employees under this Act. The Department may bring any legal | 25 | | action necessary to recover the amount of unpaid wages, | 26 | | damages, and penalties, and the employer shall be required to |
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| 1 | | pay the costs. Any sums recovered by the Department on behalf | 2 | | of an employee under this Act shall be paid to the employee or | 3 | | employees affected. | 4 | | (c) The Attorney General may bring an action to enforce | 5 | | the collection of any civil penalty imposed under this Act. | 6 | | Section 35. Enforcement. | 7 | | (a) An employee who believes his or her rights under this | 8 | | Act or any rule adopted under this Act have been violated may, | 9 | | within one year after the date of the last event constituting | 10 | | the alleged violation for which the action is brought, file a | 11 | | complaint with the Department or file a civil action. | 12 | | (b) An employer that violates any provision of this Act or | 13 | | any rule adopted under this Act is subject to a civil penalty | 14 | | for each employee affected as follows: | 15 | | (1) for a first offense, a civil penalty not to exceed | 16 | | $500; | 17 | | (2) for a second or subsequent offense, a civil | 18 | | penalty not to exceed $1,000. | 19 | | (c) A civil action may be brought in the circuit court by | 20 | | an employee to enforce this Act. The circuit court may enjoin | 21 | | any act or practice that violates or may violate this Act and | 22 | | may order any other equitable relief that is necessary and | 23 | | appropriate to redress the violation or to enforce the Act. | 24 | | Section 40. Use of other leave laws. This Act does not |
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| 1 | | extend the maximum period of leave to which an employee is | 2 | | entitled under the federal Family and Medical Leave Act of | 3 | | 1993 or under any other paid or unpaid leave provided under | 4 | | federal, State or local law, a collective bargaining | 5 | | agreement, or an employment benefits program or plan. | 6 | | Section 90. The Child Bereavement Leave Act is amended by | 7 | | adding Section 35 as follows: | 8 | | (820 ILCS 154/35 new) | 9 | | Sec. 35. Other law. A person who uses leave under the Child | 10 | | Extended Bereavement Leave Act because of the death of a child | 11 | | may not take leave under this Act because of the death of the | 12 | | same child.
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