Full Text of SB3818 96th General Assembly
SB3818enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Family Military Leave Act is amended by | 5 |
| changing Sections 5 and 10 as follows: | 6 |
| (820 ILCS 151/5)
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| Sec. 5. Definitions. In this Act: | 8 |
| "Employee" means any person who may be permitted, required, | 9 |
| or directed by an employer in consideration of direct or | 10 |
| indirect gain or profit to engage in any employment. "Employee" | 11 |
| does include an independent contractor. "Employee" includes an | 12 |
| employee of a covered employer who has been employed by the | 13 |
| same employer for at least 12 months, and has been employed for | 14 |
| at least 1,250 hours of service during the 12-month period | 15 |
| immediately preceding the commencement of the leave. | 16 |
| "Employee benefits" means all benefits, other than salary | 17 |
| and wages, provided or made available to employees by an | 18 |
| employer and includes group life insurance, health insurance, | 19 |
| disability insurance and pensions, regardless of whether | 20 |
| benefits are provided by a policy or practice of an employer. | 21 |
| "Employer" means (1) any person, partnership, corporation, | 22 |
| association, or other business entity; and (2) the State of | 23 |
| Illinois, municipalities and other units of local government. |
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| "Family military leave" means leave requested by an | 2 |
| employee who is the spouse , or parent , child, or grandparent of | 3 |
| a person called to military service lasting longer than 30 days | 4 |
| with the State or United States pursuant to the orders of the | 5 |
| Governor or the President of the United States.
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| (Source: P.A. 94-589, eff. 8-15-05.) | 7 |
| (820 ILCS 151/10) | 8 |
| Sec. 10. Family Military Leave Requirement. | 9 |
| (a) Any employer, as defined in Section 5 of this Act, that | 10 |
| employs between 15 and 50 employees shall provide up to 15 days | 11 |
| of unpaid family military leave to an employee during the time | 12 |
| federal or State deployment orders are in effect, subject to | 13 |
| the conditions set forth in this Section. Family military leave | 14 |
| granted under this Act may consist of unpaid leave. | 15 |
| (b) An employer, as defined in Section 5 of this Act, that | 16 |
| employs more than 50 employees shall provide up to 30 days of | 17 |
| unpaid family military leave to an employee during the time | 18 |
| federal or State deployment orders are in effect, subject to | 19 |
| the conditions set forth in this Section. Family military leave | 20 |
| granted under this Act may consist of unpaid leave. The number | 21 |
| of days of leave provided to an employee under this subsection | 22 |
| (b) because the employee's spouse or child is called to | 23 |
| military service shall be reduced by the number of days of | 24 |
| leave provided to the employee under subdivision (a)(1)(E) of | 25 |
| Section 102 of the Family and Medical Leave Act of 1993 because |
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| of any qualifying exigency arising out of the fact that the | 2 |
| employee's spouse or child is on covered active duty as defined | 3 |
| in that Act (or has been notified of an impending call or order | 4 |
| to covered active duty) in the Armed Forces. | 5 |
| (c) The employee shall give at least 14 days notice of the | 6 |
| intended date upon which the family military leave will | 7 |
| commence if leave will consist of 5 or more consecutive work | 8 |
| days. Where able, the employee shall consult with the employer | 9 |
| to schedule the leave so as to not unduly disrupt the | 10 |
| operations of the employer. Employees taking military family | 11 |
| leave for less than 5 consecutive days shall give the employer | 12 |
| advanced notice as is practicable. The employer may require | 13 |
| certification from the proper military authority to verify the | 14 |
| employee's eligibility for the family military leave | 15 |
| requested. | 16 |
| (d) An employee shall not take leave as provided under this | 17 |
| Act unless he or she has exhausted all accrued vacation leave, | 18 |
| personal leave, compensatory leave, and any other leave that | 19 |
| may be granted to the employee, except sick leave and | 20 |
| disability leave. | 21 |
| (Source: P.A. 94-589, eff. 8-15-05.)
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