Bill Amendment: IL HB5359 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: HEALTH-TECH

Status: 2016-04-22 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB5359 Detail]

Download: Illinois-2015-HB5359-House_Amendment_002.html

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Rep. Mary E. Flowers

Filed: 4/11/2016

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AMENDMENT TO HOUSE BILL 5359
AMENDMENT NO. ______. Amend House Bill 5359 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Paid
Family Leave Act.
Section 5. Declaration of policy and intent.
(a) It is the public policy of this State to protect
working families against the economic hardship caused by the
need to take time off from work to care for family members who
are incapable of self-care, including newborn and newly adopted
children. The growing portion of middle-income families in
which all adult family members work, largely due to economic
necessity, points to the desperate need for replacement income
when a working family member must take time to care for family
members who are unable to take care of themselves.
Moreover, many women are single mothers or the primary

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breadwinners for their families. If any of these women take an
unpaid maternity leave, her whole family, and Illinois,
suffers.
The United States is the only industrialized nation in the
world that does not have a mandatory workplace-based program
for such income support.
It is therefore desirable and necessary to develop systems
that help families adapt to the competing interests of work and
home which not only benefit workers, but also benefit employers
by reducing employee turnover and increasing worker
productivity.
(b) It is the intent of the General Assembly to create a
family leave program to relieve the serious menace to health,
morals, and welfare of Illinois families, to increase workplace
productivity, and to alleviate the enormous and growing stress
on working families of balancing the demands of work and family
needs. The family leave program shall compliment the State's
unemployment insurance program, shall be funded through
employee contributions, and shall be administered in
accordance with the policies of the State unemployment
insurance program. Initial and ongoing administrative costs
associated with the family leave program shall be payable from
the State Benefits Fund.
Section 10. Definitions. In this Act:
(1)(A) "Average weekly wage" means the amount derived by

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dividing a covered employee's total wages earned from the
employee's most recent covered employer during the base weeks
in the 8 calendar weeks immediately preceding the calendar week
in which a period of family leave commenced by the number of
such base weeks.
(B) If the computation in paragraph (A) yields a result
that is less than the employee's average weekly earnings in
employment with all covered employers during the base weeks in
such 8 calendar weeks, then the average weekly wage shall be
computed on the basis of earnings from all covered employers
during the base weeks in the 8 calendar weeks immediately
preceding the week in which the period of family leave
commenced.
(C) For periods of family leave, if the computations in
paragraphs (A) and (B) both yield a result which is less than
the employee's average weekly earnings in employment with all
covered employers during the base weeks in the 26 calendar
weeks immediately preceding the week in which the period of
family leave commenced, then the average weekly wage shall,
upon a written request to the Department by the employee on a
form provided by the Department, be computed by the Department
on the basis of earnings from all covered employers of the
employee during the base weeks in those 26 calendar weeks.
(2) "Base hours" means the hours or work for which an
employee receives compensation. Base hours includes overtime
hours for which the employee is paid additional or overtime

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compensation and hours for which the employee receives workers'
compensation benefits. Base hours also includes hours an
employee would have worked except for having been in military
service. At the option of the employer, base hours may include
hours for which the employee receives other types of
compensation, such as administrative, personal leave, vacation
or sick leave.
(3) "Base salary" means the salary paid to an employee,
excluding overtime and bonuses, but not excluding salary
withheld for State, federal, and local taxes, FICA, and
employee contributions to any pension or health or other
insurance plans or programs.
(4) "Care" includes, but is not limited to, physical care,
emotional support, visitation, arranging for a change in care,
assistance with essential daily living matters, and personal
attendant services.
(5) "Child" means a biological, adopted, or foster child,
stepchild, or legal ward of an eligible employee, child of a
domestic partner of the eligible employee, or child of a civil
union partner of the eligible employee, who is less than 19
years of age or is 19 years of age or older, but incapable of
self-care because of a mental or physical impairment.
(6) "Civil union" means a civil union as defined in the
Illinois Religious Freedom Protection and Civil Union Act.
(7) "Consecutive leave" means leave that is taken without
interruption based upon an employee's regular work schedule and

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does not include breaks in employment in which an employee is
not regularly scheduled to work. For example, when an employee
is normally scheduled to work from September through June and
is not scheduled to work during July and August, a leave taken
continuously during May, June, and September shall be
considered a consecutive leave.
(8) "Department" means the Department of Employment
Security.
(9) "Director" means the Director of Employment Security
and any transaction or exercise of authority by the Director
shall be deemed to be performed by the Department.
(10) "Eligible employee" means an employee employed by the
same employer, as defined in paragraph (11), in the State of
Illinois for 12 months or more who has worked 1,000 or more
base hours during the preceding 12-month period. An employee is
considered to be employed in the State of Illinois if:
(A) the employee works in Illinois; or
(B) the employee routinely performs some work in
Illinois and the employee's base of operations or the place
from which the work is directed and controlled is in
Illinois.
(11) "Employer" means any partnership, association, trust,
estate, joint-stock company, insurance company, or
corporation, whether domestic or foreign, or the receiver,
trustee in bankruptcy, trustee, or person that has in its
employ one or more employees performing services for it within

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this State. "Employer" also includes any employer subject to
the Unemployment Insurance Act, except the State, its political
subdivisions, and any instrumentality of the State. All
employees performing services within this State for any
employing unit that maintains 2 or more separate establishments
within this State shall be deemed to be employed by a single
employing unit for all purposes of this Act.
(12) "Family member" means a child, spouse, party to a
civil union, or parent of an eligible employee.
(13) "Family leave" means leave taken by an eligible
employee from work with an employer to (A) participate in the
providing of care for a family member of the eligible employee
made necessary by a serious health condition of the family
member; or (B) be with a child during the first 12 months after
the child's birth, if the employee, or the party to a civil
union with the employee, is a biological parent of the child,
or the first 12 months after the placement of the child for
adoption with the employee. "Family leave" does not include any
period of time during which an eligible employee is paid
benefits pursuant to the Workers' Compensation Act or the
Unemployment Insurance Act because the employee is unable to
perform the duties of the employee's employment due to the
employee's own disability.
(14) "Family leave benefits" means any payments that are
payable to an eligible employee for all or part of a period of
family leave.

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(15) "Health care provider" means any person licensed under
federal, State, or local law or the laws of a foreign nation to
provide health care services or any other person who has been
authorized to provide health care by a licensed health care
provider.
(16) "Intermittent leave" means a non-consecutive leave
comprised of intervals each of which is at least one, but less
than 12, weeks within a consecutive 12-month period.
(17) "Parent of an eligible employee" means a biological
parent, foster parent, adoptive parent, or stepparent of the
eligible employee or a person who was a legal guardian of the
eligible employee when the eligible employee was a child.
(18) "Placement for adoption" means the time when an
eligible employee adopts a child or becomes responsible for a
child pending adoption by the eligible employee.
(19) "Reduced leave schedule" means a reduced leave that is
scheduled for not more than 24 consecutive weeks.
(20) "Serious health condition" means an illness, injury,
impairment, or physical or mental condition that requires
inpatient care in a hospital, hospice, or residential medical
care facility or continuing medical treatment or continuing
supervision by a health care provider.
(21) "12-month period" means, with respect to an employee
who establishes a valid claim for family leave benefits during
a period of family leave, the 365 consecutive days that begin
with the first day that the employee first establishes the

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claim.
(22) "Wages" means all compensation payable by employers to
eligible employees for personal services including
commissions, bonuses, and the cash value of all compensation
payable in any medium other than cash.
Section 15. Family leave; duration; certification.
(a) An eligible employee may take 12 weeks of family leave
within any 24-month period in order to provide care made
necessary by reason of:
(1) the birth of a child of the employee;
(2) the placement for adoption of a child with an
employee; or
(3) the serious health condition of family member of
the employee.
(b) If an eligible employee take less than 12 weeks of
family leave for any of the reasons specified in subsection
(a), the employee shall be entitled to take additional leave
for any of those reasons provided that the total leave taken
does not exceed 12 weeks in any consecutive 24-month period and
the other qualifications and restrictions contained in this Act
attendant to each type of leave are not abridged.
(c) An eligible employee is entitled to up to 12
consecutive weeks of family leave in order to care for the
employee's newly born child or child placed for adoption with
the employee. An employee is entitled to a family leave for the

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birth or adoption of a child if the employer falls within the
statutory definition of employer at the time leave commences
and commencement of the leave begins within one year after the
birth or adoption of the child. An employee taking a family
leave for either of these reasons may take the leave
intermittently or on a reduced leave schedule only if agreed to
by the employee and the employer. An employee who takes a leave
for these purposes shall provide the employer with notice no
later than 30 days prior to the commencement of the leave,
except where emergent circumstances warrant shorter notice.
(d) An employee whose family member has a serious health
condition is entitled to up to 12 weeks of family leave taken
on a consecutive, reduced leave, or, when medically necessary,
intermittent basis. The care that an employee provides need not
be exclusive and may be given in conjunction with any other
care provided. When requesting family leave on an intermittent
basis or reduced leave schedule, the employee shall make a
reasonable effort to schedule the leave so as not to unduly
disrupt the operations of the employer.
An employee who takes a leave in connection with the
serious health condition of a family member shall provide the
employer with notice no later than 30 days prior to the
commencement of the leave except where emergent circumstances
warrant shorter notice.
For purposes of this subsection, the total time within
which an intermittent leave is taken may not exceed a 12-month

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period if the leave is taken in connection with a single
serious health condition. Intermittent leaves taken in
connection with more than one serious health condition must be
taken within a consecutive 24-month period or until the time as
the employee's 12-week family leave entitlement is exhausted,
whichever is shorter. Any remaining family leave to which the
employee is entitled subsequent to the expiration of any or all
intermittent leaves may be taken in a manner consistent with
this Act.
For purposes of this subsection, an employee taking a
family leave on a reduced leave schedule shall not be entitled
to the leave for more than a consecutive 24-week period. An
eligible employee shall be entitled to only one leave on a
reduced leave schedule during any consecutive 24-month period.
Any remaining family leave to which the employee is entitled
subsequent to the expiration of a leave taken on a reduced
leave schedule may be taken on a consecutive or intermittent
basis.
If an employee needs intermittent leave or leave on a
reduced leave schedule that is foreseeable based on care of, or
planned medical treatment for, a family member or if an
employer agrees to permit an employee intermittent or reduced
schedule leave for the birth of a child or placement of a child
for adoption, the employer may require the employee during the
period of leave to temporarily transfer to an available
alternative position for which the employee is qualified and

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which better accommodates recurring periods of leave than does
the employee's regular position. The alternative position must
have equivalent pay and benefits to the employee's regular
position. An employer may not transfer an employee to an
alternative position in order to discourage the employee from
taking leave or otherwise work a hardship on the employee. When
an employee who is taking leave intermittently or on a reduced
leave schedule and has been transferred to an alternative
position is able to return to full-time work, he or she must be
placed in the same or equivalent job as the one he or she left
when the leave commenced.
(e) An employee's entitlement to return to work prior to
the prearranged expiration of a requested family leave shall be
governed by the employer's policy with respect to other leaves
of absence.
If an employer permits an employee to return to work prior
to the prearranged expiration of other leaves, then that policy
shall similarly govern an employee's entitlement to return to
work prior to the prearranged expiration of the requested
family leave.
If an employer does not permit an employee to return to
work prior to the prearranged expiration of other leaves, then
the employee is not entitled to return to work prior to the
prearranged expiration of family leave.
An employer that does not have a policy of either
permitting or denying an employee to return to work prior to

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the prearranged expiration of any other leave of absence shall
permit an employee to return to work prior to the prearranged
expiration of requested family leave if the early return of the
employee will not cause the employer undue hardship, such as,
requiring the employer to incur the expense of continuing the
employment of a temporary employee who was hired to replace the
employee who is taking family leave.
(f) An employer shall not require an employee to take a
leave of absence beyond the period of time that an employee
requests family leave.
(g) In determining the 24-month period in which the 12
weeks of leave shall be granted under this Act, an employer may
choose from any of the following methods:
(1) the calendar year;
(2) any fixed "leave year", such as a fiscal year or a
year starting on an employee's anniversary date;
(3) the 24-month period measured forward from the date
any employee's first leave under this Act begins; or
(4) a "rolling" 24-month period measured backward from
the date an employee uses any leave under this Act.
(h) An employer may choose any method of determining the
24-month period listed in subsection (g), provided that
employees are notified of the alternative chosen and the
alternative chosen is applied consistently and uniformly to all
employees. An employer wishing to change to another alternative
is required to give at least 60 days' notice to all employees,

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and the transition must take place in such a way that the
employees retain the full benefit of 12 weeks of leave under
whichever method affords the greatest benefit to the employee.
Under no circumstances may a new method be implemented in order
to avoid this Act's leave requirements. If an employer fails to
select one of the options listed in subsection (g) for
measuring the 24-month period, the option that provides the
most beneficial outcome for the employee shall be used.
(i) Any period of family leave for the serious health
condition of a family member of the eligible employee shall be
supported by certification provided by a health care provider.
The certification shall be sufficient if it states:
(1) the date, if known, on which the serious health
condition commenced;
(2) the probable duration of the condition;
(3) the medical facts within the knowledge of the
provider of the certification regarding the condition;
(4) a statement that the serious health condition
warrants the participation of the covered employee in
providing health care, as provided in this Act and rules
adopted pursuant to this Act;
(5) an estimate of the amount of time of the eligible
employee that is needed for participation in the care of
the family member;
(6) if the leave is intermittent, a statement of the
medical necessity for the intermittent leave and the

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expected duration of the intermittent leave; and
(7) if the leave is intermittent and for planned
medical treatment, the dates of the treatment.
(j) An eligible employee claiming benefits to provide care
for a family member with a serious health condition under this
Act shall, if requested by the Department, have the family
member submit to an examination by a health care provider
designated by the Department. The examinations shall not be
more frequent than once a week, shall be made without cost to
the claimant, and shall be held at a reasonable time and place.
Refusal of the family member to submit to an examination
requested pursuant to this subsection shall disqualify the
claimant from all benefits for the period in question except
from benefits already paid.
Section 20. Compensation for family leave.
(a) An individual's weekly benefit rate shall be two-thirds
of his or her average weekly wage, subject to a maximum of 53%
of the Statewide average weekly wage paid to workers by
employers, as determined pursuant to Section 401 of the
Unemployment Insurance Act, provided, however, that the
individual's benefit rate shall be computed to the next lower
multiple of $1 if not already a multiple thereof. The amount of
benefits for each day of family leave for which benefits are
payable shall be one-seventh of the corresponding weekly
benefit amount; provided that the total benefits for a

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fractional part of a week shall be computed to the next lower
multiple of $1 if not already a multiple thereof.
(b) With respect to any period of family leave and while an
individual is an eligible employee, family benefits not in
excess of the individual's maximum benefits shall be payable
with respect to the first day of leave taken after the first
one-week period following the commencement of the period of
family leave and each subsequent day of family leave during
that period of family leave; and if benefits become payable on
any day after the first 3 weeks in which leave is taken, then
benefits shall also be payable with respect to any leave taken
during the first one-week period in which leave is taken. The
maximum total benefits payable to any eligible individual
commencing on or after the effective date of this Act shall be
6 times the individual's weekly benefit amount or one-third of
his or her total wages in his or her base year, whichever is
the lesser; provided that the maximum amount shall be computed
in the next lower multiple of $1 if not already a multiple
thereof.
(c) All of the family leave benefits paid to an eligible
employee during a period of family leave with respect to any
one birth or adoption shall be for a single continuous period
of time, except that the employer of the eligible employee may
permit the eligible employee to receive the family leave
benefits during non-consecutive weeks in a manner mutually
agreed to by the employer and the eligible employee and

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disclosed to the Department by the employer.
(d) Nothing in this Act shall be construed to prohibit the
establishment by an employer, without approval by the
Department, of a supplementary plan or plans providing for the
payment to employees, or to any class or classes of employees,
of benefits in addition to the benefits provided by this Act or
to prohibit the collection or receipt of additional voluntary
contributions from employees toward the cost of the additional
benefits. The rights, duties, and responsibilities of all
interested parties under the supplementary plans shall be
unaffected by any provision of this Act.
Section 25. Limitations on benefits.
(a) Family leave shall be compensable subject to the
limitations of this Act for any period of family leave taken by
an eligible employee which commences after effective date of
this Act.
(b) An employee shall not simultaneously receive benefits
for family leave under this Act and any other benefits pursuant
the Workers' Compensation Act or the Unemployment Insurance
Act.
(c) The employer of an employee may, notwithstanding any
other provision of law, permit or require the employee, during
a period of family leave, to use any paid sick leave, vacation
time, or other leave at full pay made available by the employer
before the employee is eligible for family leave benefits

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except that the employer may not require the employee to use
more than 2 weeks' worth of leave at full pay. The employer may
also have the total number of days' worth of benefits paid
pursuant to this Act to the employee during a period of family
leave reduced by the number of days of leave at full pay paid
by the employer to the employee during that period. If the
employer requires the employee to use leave at full pay, the
employee shall be permitted to take that fully paid leave
during the waiting period required pursuant to this Act.
Nothing in this Act shall be construed as nullifying any
provision of an existing collective bargaining agreement or
employer policy or preventing any new provision of a collective
bargaining agreement or employer policy that provides
employees more generous leave or gives employees greater rights
to select which kind of leave is used or select the order in
which the different kinds of leave are used. Nothing in this
Act shall be construed as preventing an employer from providing
more generous benefits than are provided under this Act or
providing benefits that supplement the benefits provided under
this Act for some or all of the employer's employees.
(d) An employee who is entitled to leave under the
provisions of this Act or the federal Family and Medical Leave
Act of 1993, 29 U.S.C. 2601 et seq., shall take any benefits
provided for family leave pursuant to this Act concurrently
with leave taken pursuant to this Act or the federal Family and
Medical Leave Act of 1993, 29 U.S.C. 2601 et seq. Nothing in

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this Act shall be construed to grant an employee any
entitlement to be restored by the employer to the job position
held by the employee prior to taking family leave or any right
to take action against an employer who refuses to restore the
employee to his or her job position after the leave. Nothing in
this Act shall be construed to increase, reduce, or otherwise
modify any entitlement of an employee to return to employment
or right of the employee to take action under the provisions of
this Act or the federal Family and Medical Leave Act of 1993,
29 U.S.C. 2601 et seq. If an employee receives benefits for
family leave pursuant to this Act with respect to employment
with an employer as defined in this Act and that employer fails
or refuses to restore the employee to employment after the
period of family leave, that failure or refusal shall not be a
wrongful discharge in violation of a clear mandate of public
policy, and the employee shall not have a cause of action
against that employer, in tort, or for breach of an implied
provision of the employment agreement, or under common law, for
that failure or refusal.
(e) An employee taking family leave or an employer from
whom the employee is taking the leave shall have the same right
to appeal a determination of a benefit for the family leave
made under this Act.
(f) In the event of a period of family leave of any
eligible employee, the employer shall, not later than the ninth
day of the period of family leave, including any waiting period

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or time during which the employer provides sick leave,
vacation, or other fully paid leave, issue to the employee and
to the Department printed notices on Department forms
containing the name, address, and social security number of the
employee, the wage information as the Department may require to
determine the employee's eligibility for benefits, including
any sick pay, vacation, or other fully paid time off provided
by the employer during the period of family leave, and the
name, address, and tax identification number of the employer.
Not later than 30 days after the commencement of the period of
family leave for which the notice is furnished by the employer,
the employee shall furnish to the Department a notice and claim
for family leave benefits. Upon the submission of the notices
by the employer and the employee, the Department may issue
benefit payments. In the case of family leave taken to care for
a family member with a serious health condition, the benefits
may be paid for periods not exceeding 3 weeks pending the
receipt of the certification required pursuant to this Act.
Failure to furnish notice and certification in the manner as
required shall not invalidate or reduce any claim if it is
shown to the satisfaction of the Department not to have been
reasonably possible to furnish the notice and certification and
that the notice and certification was furnished as soon as
reasonably possible.
(g) A covered employer shall conspicuously post
notification, in a place or places accessible to all employees

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in each of the employer's workplaces by a form issued under
rules adopted by the Department, of each covered employee's
rights regarding benefits payable pursuant to this Section. The
employer shall also provide each employee with a written copy
of the notification:
(1) not later than 30 days after the form of the
notification is adopted by rule;
(2) at the time of the employee's hiring, if the
employee is hired after the adoption of the rule;
(3) whenever the employee notifies the employer that
the employee is taking time off for circumstances under
which the employee is eligible for benefits pursuant to
this Section; and
(4) at any time, upon the first request of the
employee.
Section 30. State Benefits Fund.
(a) The State Benefits Fund is created as a special fund in
the State treasury. Subject to appropriation, moneys in the
Fund may be used for the payment of family leave benefits and
for the administration of this Act. All interest and other
earnings that accrue from investment of moneys in the Fund
shall be credited to the Fund.
(b) There is imposed a tax upon employees in the amount of
0.3% of wages as defined in Section 235 of the Unemployment
Insurance Act. The Department shall by rule provide for the

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collection of this tax.
The amount of the tax imposed under this Section, less
refunds authorized by this Act, and all assessments and
penalties collected under this Act shall be deposited into and
credited to the Fund.
(c) A separate account, to be known as the Administration
Account, shall be maintained in the Fund. An amount determined
by the Treasurer sufficient for proper administration, not to
exceed, however, 0.1% of wages as defined in this Section,
shall be credited to the Administration Account. The expenses
of the Treasurer in administering the Fund and its accounts
shall be charged against the Administration Account. The costs
of administration of this Act shall be charged to the
Administration Account.
(d) A separate account, to be known as the Family Leave
Benefits Account, shall be maintained in the Fund. The account
shall be charged with all benefit payments. Prior to July 1 of
each calendar year, the Department shall determine the average
rate of interest and other earnings on all investments of the
Fund for the preceding calendar year. If there is an
accumulated deficit in the Family Leave Benefits Account in
excess of $200,000 at the end of any calendar year after
interest and other earnings have been credited as provided in
this Section, the Director shall determine the ratio of the
deficit to the total of all taxable wages paid during the
preceding calendar year and shall make an assessment against

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all employers in an amount equal to the taxable wages paid by
them during the preceding calendar year to employees,
multiplied by the ratio, but in no event shall any such
assessment exceed 0.1% of such wages. The amounts shall be
collectible by the Department in the same manner as provided
for the collection of employer contributions under the
Unemployment Insurance Act. In making this assessment, the
Department shall furnish to each affected employer a brief
summary of the determination of the assessment. The amount of
such assessments collected by the Department shall be credited
to the Family Leave Benefits Account. As used in this Section,
"wages" means wages as provided in Section 235 of the
Unemployment Insurance Act.
(e) A board of trustees, consisting of the State Treasurer,
the Secretary of State, the Director of Labor, the Director of
Employment Security, and the State Comptroller, is hereby
created. The board shall invest and reinvest all moneys in the
Fund in excess of its cash requirements in obligations legal
for savings banks.
Section 35. Assessment of costs of administration. If
officers or employees of the Department of Employment Security
perform duties in part related to the administration of this
Act and there are expenses otherwise incurred jointly in
connection with administration of other Acts, the Department
shall make an equitable apportionment to determine the portion

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of total expense to be charged to administration of this Act.
So far as possible, the apportionment shall be based upon
records to be maintained with respect to activities undertaken
in administering this Act.
Section 40. Postings, notice, and claims.
(a) An employer shall post, in prominent locations, notices
to employees in the form provided by the Department of whether
the employer is permitted or required to participate in a
family leave program pursuant to this Act and whether the
employer does or does not participate. For employers who
participate in a family leave program, the notice shall also
describe the family leave benefits available to the employees
and prominently disclose that pregnancy is regarded by law as a
disability and subject to the Illinois Human Rights Act. Upon
the request of an employer, the Department shall, without
charge, provide the employer with a copy of each applicable
notice, suitable for reproduction by the employer. The employer
shall give a printed copy of benefit instructions to any
employee, upon his or her request.
(b) The employer shall, by the ninth day of family leave,
issue to the individual and to the Department printed notices
on Department forms containing the name, address, and Social
Security number of the individual, such wage information as the
Department may require to determine the individual's
eligibility for benefits, and the name, address, and Department

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identity number of the employer. Not later than 30 days after
the commencement of the period of family leave for which the
notice is furnished, the individual shall furnish to the
Department a notice and claim for family leave benefits. Upon
the submission of the notices by the employer and the
individual, the Department may issue benefit payments for
periods not exceeding 3 weeks pending the receipt of medical
proof. When requested by the Department, the notice and proof
shall include certification, in accordance with Section 15 by
the attending physician, or a record of hospital confinement.
Failure to furnish notice and proof within the time or in the
manner required shall not invalidate or reduce any claim if it
is shown to the satisfaction of the Department not to have been
reasonably possible to furnish such notice and proof and that
such notice and proof was furnished as soon as reasonably
possible. In all cases of physical examination required by
Section 15, the examination shall be made by a designee of the
Department, who shall be the same sex as the claimant if so
requested by the claimant. All examinations by physicians,
dentists, podiatrists, chiropractors, or nurses designated by
the Department shall be without cost to the claimant and shall
be held at a reasonable time and place. Refusal to submit to
such a requested examination shall disqualify the claimant from
all benefits for the period of family leave in question, except
as to benefits already paid.
(c) All medical records of the Department, except to the

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extent necessary for the proper administration of this Act,
shall be confidential and shall not be published or be open to
public inspection (other than to public employees in the
performance of their public duties) in any manner revealing the
identity of the claimant, or the nature or cause of serious
health condition nor admissible in evidence in any action or
special proceeding other than one arising under this Act.
Section 45. Annual reports; contents.
(a) The Department shall issue and make available to the
public, not later than July 1, 2018 and July 1 of each
subsequent year, annual reports providing data on family leave
benefits claims involving pregnancy and childbirth, and family
leave benefits, including separate data for each of the
following categories of claims: care of newborn children; care
of newly adopted children; care of sick children; care of sick
spouses; and care of other sick family members. The reports
shall include, for each category of claims, the number of
workers receiving the benefits, the amount of benefits paid,
the average duration of benefits, the average weekly benefit,
and, in the case of family leave benefits, any reported amount
of sick leave, vacation or other fully paid time which resulted
in reduced benefit duration. The report shall provide data by
gender and by any other demographic factors determined to be
relevant by the Director. The reports shall also provide, for
all family leave benefits, the total costs of benefits and the

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total cost of administration, the portion of benefits for
claims during family leave, and the total revenues from
employer assessments, where applicable; employee assessments;
and other sources.
(b) The Director may, in his or her discretion, conduct
surveys and other research regarding, and include in the annual
reports descriptions and evaluations of the impact and
potential future impact of the costs and benefits resulting
from the provisions of this Act for:
(1) employees and their families, including surveys
and evaluations of what portion of the total number of
employees taking leave would not have taken leave, or would
have taken less leave, without the availability of
benefits; what portion of employees return to work after
receiving benefits and what portion are not permitted to
return to work; and what portion of employees who are
eligible for benefits do not claim or receive them and why
they do not;
(2) employers, including benefits such as reduced
training and other costs related to reduced turnover of
personnel, and increased affordability of family leave
through the State, with special attention given to small
businesses; and
(3) the public, including savings caused by any
reduction in the number of people receiving public
assistance.

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(c) The total amount of any expenses that the Director
determines are necessary to carry out his or her duties
pursuant to this Section shall be charged to the Administration
Account of the Fund.
Section 50. Employer records. An employer shall keep true
and accurate employment records, containing such information
as may reasonably be prescribed by the Department. The records
shall be open to inspection by the Department or its authorized
representative at any time during ordinary business hours for
the purpose of ascertaining whether the employer is a covered
employer and, if so, whether the employer is complying with the
provisions of this Act. Information thus obtained shall not be
published or open to public inspection (other than to public
employees in the performance of their public duties) in any
manner revealing an employee's or employer's identity, but any
claimant at a hearing before the Department or a hearing
officer shall be supplied with information from such records to
the extent necessary for the proper presentation of his or her
claim.
Section 55. Penalties.
(a) A person who makes a false statement or representation,
knowing it to be false, or knowingly fails to disclose a
material fact to obtain or increase any family leave benefit
during a period of family leave, either for himself or herself

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or for any other person shall be liable for a civil penalty of
$250 to be paid to the Department. Each such false statement or
representation or failure to disclose a material fact shall
constitute a separate offense. Upon refusal to pay such civil
penalty, the civil penalty shall be recovered in a civil action
by the Attorney General on behalf the Department in the name of
the State of Illinois. If, in any case in which liability for
the payment of a civil penalty has been determined, any person
who has received any benefits under this Act by reason of the
making of such false statements or representations or failure
to disclose a material fact shall not be entitled to any
benefits under this Act for any leave occurring prior to the
time he or she has discharged his or her liability to pay the
civil penalty.
(b) Any employer or any officer or agent of any employer or
any other person who makes a false statement or representation,
knowing it to be false, or knowingly fails to disclose a
material fact, to prevent or reduce the benefits to any person
entitled to benefits, or to avoid becoming or remaining subject
to this Act or to avoid or reduce any contribution or other
payment required from an employer under this Act, or who
willfully fails or refuses to make any such contributions or
other payment or to furnish any reports required under this Act
or to produce or permit the inspection or copying of records as
required under this Act, shall be liable for a civil penalty of
$250 to be paid to the Department. Upon refusal to pay such

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civil penalty, the civil penalty shall be recovered in a civil
action by the Attorney General on behalf of the Department in
the name of the State of Illinois.
(c) Any person who willfully violates any provision of this
Act or any rule adopted under this Act for which a civil
penalty is neither prescribed in this Act nor provided by any
other applicable law, shall be subject to a civil penalty of
$500 to be paid to the Department. Upon the refusal to pay such
civil penalty, the civil penalty shall be recovered in a civil
action by the Attorney General on behalf of the Department in
the name of the State of Illinois.
(d) Any person, employing unit, employer, or entity
violating any provision of this Section with intent to defraud
the Department is guilty of a Class C misdemeanor. The fine
upon conviction shall be payable to the Fund. Any penalties
imposed by this subsection shall be in addition to those
otherwise prescribed in this Section.
Section 60. Recovery of overpayment of family leave
benefits. Overpayment of benefits under this Act may be
recovered in the manner provided under Sections 900, 901, and
900.1 of the Unemployment Insurance Act.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.

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Section 99. The State Finance Act is amended by adding
Section 5.875 as follows:
(30 ILCS 105/5.875 new)
Sec. 5.875. The State Benefits Fund.".