Bill Text: IL HB0927 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Family Military Leave Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB0927 Detail]
Download: Illinois-2013-HB0927-Amended.html
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1 | AMENDMENT TO HOUSE BILL 927
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2 | AMENDMENT NO. ______. Amend House Bill 927 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Illinois Family Care Provider Act.
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6 | Section 5. Findings and purpose. | ||||||
7 | (a) Findings. The General Assembly finds that: | ||||||
8 | (1) the number of households in Illinois in which | ||||||
9 | working grandparents have primary responsibility for the | ||||||
10 | care of grandchildren is significant; currently, almost | ||||||
11 | 100,000 grandparents are responsible for the care of | ||||||
12 | grandchildren living with them, and of these, 68% are under | ||||||
13 | the age of 60; | ||||||
14 | (2) in Illinois, over 230,000 children under the age of | ||||||
15 | 18 live in homes with grandparents as the householders;
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16 | (3) the number of households in which grandchildren |
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1 | have primary responsibility for the care of grandparents | ||||||
2 | and other family members is significant; in fact, | ||||||
3 | grandchildren comprise 8% of informal caregivers | ||||||
4 | nationally;
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5 | (4) it is important for the family unit that | ||||||
6 | grandparents and grandchildren be able to participate in | ||||||
7 | the care of family members who have serious health | ||||||
8 | conditions; and
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9 | (5) the lack of employment policies to accommodate | ||||||
10 | working caregivers, including employees caring for | ||||||
11 | grandchildren or grandparents, can force individuals to | ||||||
12 | choose between job security and caregiving | ||||||
13 | responsibilities.
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14 | (b) Purpose. It is the purpose of this Act that all | ||||||
15 | employers required to comply with the Family and Medical Leave | ||||||
16 | Act of 1993, 29 U.S.C. 2601, et seq., shall include | ||||||
17 | grandparents and grandchildren as "eligible employees" for | ||||||
18 | leave for the birth or adoption of a grandchild in order for a | ||||||
19 | grandparent to care for such grandchild; because of the | ||||||
20 | placement of a grandchild with the grandparent for adoption or | ||||||
21 | foster care; and in order for the grandparent to care for the | ||||||
22 | grandchild if such grandchild has a serious health condition or | ||||||
23 | the grandchild to care for the grandparent if such grandparent | ||||||
24 | has a serious health condition.
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25 | Section 10. Definitions. In this Act: |
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1 | "Eligible employee" means any person who may be permitted, | ||||||
2 | required, or directed by an employer in consideration of direct | ||||||
3 | or indirect gain or profit to engage in any employment. | ||||||
4 | "Employee" does include an independent contractor. | ||||||
5 | "Employee" includes an employee of a covered employer who | ||||||
6 | has been employed by the same employer for at least 12 months | ||||||
7 | and has been employed for at least 1,250 hours of service | ||||||
8 | during the 12-month period immediately preceding the | ||||||
9 | commencement of the leave.
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10 | "Employee benefits" means all benefits, other than salary | ||||||
11 | and wages, provided or made available to employees by an | ||||||
12 | employer and includes group life insurance, health insurance, | ||||||
13 | disability insurance, and pensions, regardless of whether | ||||||
14 | benefits are provided by a policy or practice of an employer.
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15 | "Employer" means (1) any person, partnership, corporation, | ||||||
16 | association, or other business entity; and (2) the State of | ||||||
17 | Illinois, municipalities, and other units of local government.
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18 | "Grandparent" means a biological, adopted, or foster | ||||||
19 | grandparent or step grandparent of an employee.
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20 | "Grandchild" means a biological, adopted, or foster | ||||||
21 | grandchild or step grandchild of an employee who is:
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22 | (a) under 18 years of age; or
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23 | (b) 18 years of age or older and incapable of self-care | ||||||
24 | because of a mental or physical disability.
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25 | Section 15. Family leave requirement. |
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1 | (a) Subject to the conditions set forth in this Section, an | ||||||
2 | employer that employs more than 50 employees shall provide up | ||||||
3 | to 12 weeks of unpaid family medical leave to an employee | ||||||
4 | during any 12-month period for one or more of the following: | ||||||
5 | the birth or adoption of a grandchild in order for the employee | ||||||
6 | to care for such grandchild; because of the placement of a | ||||||
7 | grandchild with the employee for adoption or foster care; or in | ||||||
8 | order for the employee to care for a grandchild if such | ||||||
9 | grandchild has a serious health condition or the employee to | ||||||
10 | care for a grandparent if such grandparent has a serious health | ||||||
11 | condition. | ||||||
12 | (b) The employee shall give at least 14 days' notice of the | ||||||
13 | intended date upon which the family medical leave will commence | ||||||
14 | if the leave will consist of 5 or more consecutive work days. | ||||||
15 | When able, the employee shall consult with the employer to | ||||||
16 | schedule the leave so as to not unduly disrupt the operations | ||||||
17 | of the employer. Employees taking family medical leave for less | ||||||
18 | than 5 consecutive days shall give the employer such advanced | ||||||
19 | notice as is practical.
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20 | (c) An employee shall not take leave as provided under this | ||||||
21 | Act unless he or she has exhausted all accrued vacation leave, | ||||||
22 | personal leave, compensatory leave, and any other leave that | ||||||
23 | may be granted to the employee, except sick leave and | ||||||
24 | disability leave.
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25 | Section 20. Employee benefits protection. |
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1 | (a) Any employee who exercises the right to family medical | ||||||
2 | leave under this Act, upon expiration of the leave, shall be | ||||||
3 | entitled to be restored by the employer to the position held by | ||||||
4 | the employee when the leave commenced or to a position with | ||||||
5 | equivalent seniority status, employee benefits, pay, and other | ||||||
6 | terms and conditions of employment. This Section does not apply | ||||||
7 | if the employer proves that the employee was not restored as | ||||||
8 | provided in this Section because of conditions unrelated to the | ||||||
9 | employee's exercise of rights under this Act.
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10 | (b) During any family medical leave taken under this Act, | ||||||
11 | the employer shall continue employee benefits at the employer's | ||||||
12 | expense.
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13 | Section 25. Effect on existing employee benefits. | ||||||
14 | (a) Taking family medical leave under this Act shall not | ||||||
15 | result in the loss of any employee benefit accrued before the | ||||||
16 | date on which the leave commenced.
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17 | (b) Nothing in this Act shall be construed to affect an | ||||||
18 | employer's obligation to comply with any collective bargaining | ||||||
19 | agreement or employee benefit plan that provides greater leave | ||||||
20 | rights to employees than the rights provided under this Act.
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21 | (c) The family medical leave rights provided under this Act | ||||||
22 | shall not be diminished by any collective bargaining agreement | ||||||
23 | or employee benefit plan.
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24 | (d) Nothing in this Act shall be construed to affect or | ||||||
25 | diminish the contract rights or seniority status of any other |
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1 | employee of any employer covered under this Act.
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2 | Section 30. Prohibited acts. | ||||||
3 | (a) An employer shall not interfere with, restrain, or deny | ||||||
4 | the exercise or the attempt to exercise any right provided | ||||||
5 | under this Act.
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6 | (b) An employer shall not discharge, fine, suspend, expel, | ||||||
7 | discipline, or in any other manner discriminate against any | ||||||
8 | employee that exercises any right provided under this Act.
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9 | (c) An employer shall not discharge, fine, suspend, expel, | ||||||
10 | discipline, or in any other manner discriminate against any | ||||||
11 | employee for opposing any practice made unlawful by this Act.
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12 | Section 35. Enforcement. This Act shall be enforced by the | ||||||
13 | Illinois Department of Labor.
A civil action may be brought in | ||||||
14 | the circuit court having jurisdiction by an employee to enforce | ||||||
15 | this Act. The circuit court may enjoin any act or practice that | ||||||
16 | violates or may violate this Act and may order any other | ||||||
17 | equitable relief that is necessary and appropriate to redress | ||||||
18 | the violation or to enforce this Act.
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.".
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