Bill Text: IL HB1102 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Family Leave Insurance Act. Requires the Department of Employment Security to establish and administer a family leave insurance program. Provides family leave insurance benefits to eligible employees who take unpaid family leave to care for a newborn child, a newly adopted or newly placed foster child, or a family member with a serious health condition. Authorizes family leave of up to 12 weeks during any 24-month period. Authorizes compensation for leave in the amount of 85% of the employee's average weekly wage subject to a maximum of $881 per week. Contains provisions concerning disqualification from benefits; premium payments; the amount and duration of benefits; the recovery of erroneous payments; hearings; defaulted premium payments; elective coverage; employment protection; coordination of family leave; defined terms; and other matters. Amends the State Finance Act. Creates the State Benefits Fund. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB1102 Detail]

Download: Illinois-2023-HB1102-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1102 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.990 new
Creates the Family Leave Insurance Act. Requires the Department of Employment Security to establish and administer a family leave insurance program. Provides family leave insurance benefits to eligible employees who take unpaid family leave to care for a newborn child, a newly adopted or newly placed foster child, or a family member with a serious health condition. Authorizes family leave of up to 12 weeks during any 24-month period. Authorizes compensation for leave in the amount of 85% of the employee's average weekly wage subject to a maximum of $881 per week. Contains provisions concerning disqualification from benefits; premium payments; the amount and duration of benefits; the recovery of erroneous payments; hearings; defaulted premium payments; elective coverage; employment protection; coordination of family leave; defined terms; and other matters. Amends the State Finance Act. Creates the State Benefits Fund. Effective immediately.
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A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Family
Leave Insurance Act.
Section 5. Declaration of policy and intent.
(a) Many employees do not have access to family and
medical leave programs, and those who do may not be in a
financial position to take family or medical leave that is
unpaid, and employer-paid benefits meet only a relatively
small part of this need. 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
themselves or family members who are suffering from a serious
illness or to care for a newborn or a newly adopted child.
Moreover, many women are single mothers or the primary
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

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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.
Section 10. Definitions. In this Act:
(1)(A) "Average weekly wage" means the amount derived by
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
commences.

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(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 of work for which an
employee receives compensation. "Base hours" includes overtime
hours for which the employee is paid additional or overtime
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) "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.
(4) "Child" means a biological, adopted, or foster child,
stepchild, or legal ward of an eligible employee, child of a

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spouse 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.
(5) "Civil union" means a civil union as defined in the
Illinois Religious Freedom Protection and Civil Union Act.
(6) "Consecutive leave" means leave that is taken without
interruption based upon an employee's regular work schedule
and 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.
(7) "Department" means the Department of Employment
Security.
(8) "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.
(9) "Eligible employee" means an employee, other than an
employee of the State of Illinois, its political subdivisions,
or instrumentalities, employed by the same employer, as
defined in paragraph (10), in the State of Illinois for 12
months or more who has worked 1,200 or more base hours during
the preceding 12-month period. An employee is considered to be
employed in the State of Illinois if:

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(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.
(10) "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
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.
(11) "Family member" means an eligible employee's child,
spouse, party to a civil union, parent, or any other
individual related by blood or whose close relationship with
the employee is the equivalent of a family relationship.
(12) "Family leave" means leave taken by an eligible
employee from work with an employer: (A) to participate in the
providing of care, including physical or psychological care,
for the employee or a family member of the eligible employee

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made necessary by a serious health condition of the family
member; (B) due to pregnancy; (C) to be with a child during the
first 12 months after the child's birth, if the employee, the
employee's spouse, 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 or foster
care with the employee; (D) for the employee's own serious
health condition; (E) for the purposes of adopting a child; or
(F) because of any qualifying exigency as interpreted under
the Family and Medical Leave Act of 1993 (29 U.S.C.
2612(a)(1)(E) and 29 CFR 825.126) arising out of the fact that
the spouse, party to a civil union, child, parent of the
employee, or any other individual related by blood or whose
close relationship with the employee is equivalent to a family
relationship is on active duty (or has been notified of an
impending call or order to active duty) in the armed forces as
of the United States. "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.
(13) "Family leave benefits" means any payments that are
payable to an eligible employee for all or part of a period of
family leave.
(14) "Health care provider" means any person licensed

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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.
(15) "Intermittent leave" means a non-consecutive leave
consisting of intervals, each of which is at least one, but
fewer than 12, weeks within a consecutive 12-month period.
(16) "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, or
who stood in loco parentis to, the eligible employee when the
eligible employee was a child.
(17) "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.
(18) "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.
(19) "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
claim.

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Section 15. Family leave program.
(a) Subject to appropriation, the Department shall
establish and administer a family leave program.
(b) The Department shall establish procedures and forms
for filing claims for benefits under this Act.
(c) The Department shall use information sharing and
integration technology to facilitate the disclosure of
relevant information or records by the Department of
Employment Security.
(d) Information contained in the files and records
pertaining to an employee under this Act is confidential and
not open to public inspection, other than to public employees
in the performance of their official duties. However, the
employee or an authorized representative of an employee may
review the records or receive specific information from the
records on the presentation of the signed authorization of the
employee. An employer or the employer's duly authorized
representative may review the records of an employee employed
by the employer in connection with a pending claim. At the
Department's discretion, other persons may review records when
such persons are rendering assistance to the Department at any
stage of the proceedings on any matter pertaining to the
administration of this Act.
An employer must keep at its place of business records of
employment from which the information needed by the Department
for purposes of this Act may be obtained. The records shall at

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all times be open to the inspection of the Department pursuant
to rules adopted by the Department.
(e) The Department shall develop and implement an outreach
program to ensure that individuals who may be eligible to
receive family leave benefits under this Act are made aware of
these benefits. Outreach information shall explain, in an easy
to understand format, eligibility requirements, the claims
process, weekly benefit amounts, maximum benefits payable,
notice requirements, reinstatement and nondiscrimination
rights, confidentiality, and coordination of leave under this
Act and other laws, collective bargaining agreements, and
employer policies. Outreach information shall be available in
English and in languages other than English that are spoken as
a primary language by a significant portion of the State's
population, as determined by the Department.
Section 20. Eligibility for benefits.
(a) The Department may require that a claim for family
leave benefits under this Section be supported by a
certification issued by a health care provider who is
providing care to the employee or the employee's family member
if applicable.
(b) An employee is not eligible for family leave benefits
under this Section for any week for which the employee
receives paid family leave from his or her employer. If an
employer provides paid family leave, the employee may elect

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whether first to use the paid family leave or to receive family
leave benefits under this Section. An employee may not be
required to use paid family leave to which the employee is
entitled before receiving family leave benefits under this
Section.
(c) This Section does not limit an employee's right to
take leave from employment under other laws or employer
policy.
(d) The eligibility of an employee for benefits is not
affected by a strike or lockout at the factory, establishment,
or other premises at which the employee is or was last
employed.
(e) An employee who has received benefits under this
Section may not lose any other employment benefits, including
seniority or pension rights, accrued before the date that
family leave commenced. However, this Section does not entitle
an employee to accrue employment benefits during a period of
family leave or to a right, benefit, or position of employment
other than a right, benefit, or position to which the employee
would have been entitled had the employee not taken family
leave.
(f) This Section does not diminish an employer's
obligation to comply with a collective bargaining agreement or
an employment benefits program or plan that provides greater
benefits to employees than the benefits provided under this
Section.

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(g) An agreement by an employee to waive the employee's
rights under this Section is void as contrary to public
policy. The benefits under this Section may not be diminished
by a collective bargaining agreement or another employment
benefits program or plan entered into or renewed after the
effective date of this Act.
(h) Nothing in this Act shall be deemed to affect the
validity or change the terms of bona fide collective
bargaining agreements in force on the effective date of this
Act. After that date, requirements of this Act may be waived in
a bona fide collective bargaining agreement, but only if the
waiver is set forth explicitly in such agreement in clear and
unambiguous terms.
(i) This Section does not create a continuing entitlement
or contractual right.
Section 25. Disqualification from benefits.
(a) An employee is disqualified from family leave benefits
under this Act if the employee:
(1) willfully makes a false statement or
misrepresentation regarding a material fact, or willfully
fails to disclose a material fact, to obtain benefits;
(2) seeks benefits based on an intentionally
self-inflicted serious health condition; or
(3) seeks benefits based on a serious health condition
that resulted from the employee's commission of a felony.

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(b) A disqualification for family leave benefits is for a
period of 2 years, and commences on the first day of the
calendar week in which the employee filed a claim for benefits
under this Act. An employee who is disqualified for benefits
is liable to the Department for a penalty in an amount equal to
15% of the amount of benefits received by 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) An employer shall retain from all employees a payroll
premium deduction in the amount of 0.5% of wages. The
Department shall by rule provide for the collection of this
payroll premium deduction.
The amount of the payroll premium 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 Department sufficient for proper administration, not to
exceed, however, 0.1% of wages, shall be credited to the

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Administration Account. The expenses of the Department 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 Department 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
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

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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.
(f) The Department may adjust rates, not to exceed the
amount established in subsection (b) of this Section, for the
collection of premiums pursuant to subsection (b) of this
Section. The Department shall set rates for premiums in a
manner that minimizes the volatility of the rates assessed and
so that at the end of the period for which the rates are
effective, the cash balance shall be an amount approximating
12 months of projected expenditures from the Fund, considering
the functions and duties of the Department under this Act.
(g) An employer required to pay premiums under this
Section shall make and file a report of employee hours worked
and amounts due under this Section upon a combined report form
prescribed by the Department. The report shall be filed with
the Department at the times and in the manner prescribed by the
Department.
(h) If the employer is a temporary employment agency that

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provides employees on a temporary basis to its customers, the
temporary employment agency is considered the employer for
purposes of this Section.
(i) When an employer quits business or sells out,
exchanges, or otherwise disposes of the business or stock of
goods, any premium payable under this Section is immediately
due and payable, and the employer shall, within 10 days
thereafter, pay the premium due. A person who becomes a
successor to the business is liable for the full amount of the
premium and shall withhold from the purchase price a sum
sufficient to pay any premium due from the employer until the
employer produces a receipt from the Department showing
payment in full of any premium due or a certificate that no
premium is due. If the premium is not paid by the employer
within 10 days after the date of the sale, exchange, or
disposal, the successor is liable for the payment of the full
amount of the premium. The successor's payment of the premium
is, to the extent of the payment, a payment upon the purchase
price, and if the payment is greater in amount than the
purchase price, the amount of the difference is a debt due the
successor from the employer.
A successor is not liable for any premium due from the
person from whom the successor has acquired a business or
stock of goods if the successor gives written notice to the
Department of the acquisition and no assessment is issued by
the Department within one year after receipt of the notice

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against the former operator of the business.
Section 35. Compensation for family leave.
(a) An individual's weekly benefit rate shall be 85% of
his or her average weekly wage, subject to a maximum of $881
per week paid to workers by employers, as determined pursuant
to Section 401 of the Unemployment Insurance Act; however, 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
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

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12 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
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 40. Family leave; duration. An eligible employee
may take 12 weeks of family leave within any 24-month period in

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order to provide care made necessary by reasons identified in
Section 10. An eligible employee may take family leave on an
intermittent schedule in which all of the leave authorized
under this Act is not taken sequentially.
Section 45. Annual reports; contents.
(a) The Department shall issue and make available to the
public, not later than July 1, 2025 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: the employee's own serious
illness; 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 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 Department. The
reports shall also provide, for all family leave benefits, the
total costs of benefits and the total cost of administration,
the portion of benefits for claims during family leave, and
the total revenues from employer assessments, where

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applicable; employee assessments; and other sources.
(b) The Department may, in its 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.
(c) The total amount of any expenses that the Department
determines are necessary to carry out its duties pursuant to
this Section shall be charged to the Administration Account of

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the Fund.
Section 50. Hearings. A person aggrieved by a decision of
the Department under this Act may request a hearing. The
Department shall adopt rules governing hearings and the
issuance of final orders under this Act in accordance with the
provisions of the Illinois Administrative Procedure Act. All
final administrative decisions of the Department under this
Act are subject to judicial review under the Administrative
Review Law.
Section 55. Prohibited acts. No employer, temporary
employment agency, employment agency, employee organization,
or other person shall discharge, expel, or otherwise
discriminate against a person because the person has filed or
communicated to the employer an intent to file a claim, a
complaint, or an appeal or has testified or is about to testify
or has assisted in any proceeding, under this Act, at any time.
Section 60. 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 or for any other person, shall be liable for
a civil penalty of $250 to be paid to the Department. Each such

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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) A 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.
(c) A 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.

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Section 65. Leave and employment protection.
(a) During a period in which an employee receives family
leave benefits under this Act, the employee is entitled to
family leave and, at the established ending date of leave, to
be restored to a position of employment with the employer from
whom leave was taken as provided under subsection (b).
(b) Except as provided in subsection (f), an employee who
receives family leave benefits under this Act for the intended
purpose of the family leave is entitled, on return from the
leave:
(1) to be restored by the employer to the position of
employment held by the employee when the family leave
commenced; or
(2) to be restored to an equivalent position with
equivalent employment benefits, pay, and other terms and
conditions of employment at a workplace within 20 miles of
the employee's workplace when the family leave commenced.
(c) The taking of family leave under this Act may not
result in the loss of any employment benefits accrued before
the date on which the family leave commenced.
(d) Nothing in this Section entitles a restored employee
to:
(1) the accrual of any seniority or employment
benefits during any period of family leave; or
(2) any right, benefit, or position of employment

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other than any right, benefit, or position to which the
employee would have been entitled to had the employee not
taken the family leave.
(e) Nothing in this Section prohibits an employer from
requiring an employee on family leave to report periodically
to the employer on the status and intention of the employee to
return to work.
(f) An employer may deny restoration under subsection (b)
to a salaried employee who is among the highest paid 10% of the
employees employed by the employer within 75 miles of the
facility at which the employee is employed if:
(1) denial is necessary to prevent substantial and
grievous economic injury to the operations of the
employer;
(2) the employer notifies the employee of the intent
of the employer to deny restoration on such basis at the
time the employer determines that the injury would occur;
and
(3) the family leave has commenced and the employee
elects not to return to employment after receiving the
notice.
Section 70. Notice to employer.
(a) If the necessity for family leave for the birth or
placement of a child is foreseeable based on an expected birth
or placement, the employee shall provide the employer with not

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less than 30 days' notice, before the date the leave is to
begin, of the employee's intention to take leave for the birth
or placement of a child, except that if the date of the birth
or placement requires leave to begin in less than 30 days, the
employee shall provide such notice as is practicable.
(b) If the necessity for family leave for an employee's or
a family member's serious health condition is foreseeable
based on planned medical treatment, the employee:
(1) must make a reasonable effort to schedule the
treatment so as not to disrupt unduly the operations of
the employer; and
(2) must provide the employer with not less than 30
days' notice, before the date the leave is to begin, of the
employee's intention to take leave for his, her, or a
family member's serious health condition, except that if
the date of the treatment requires leave to begin in less
than 30 days, the employee must provide such notice as is
practicable.
Section 75. Coordination of leave.
(a) Family leave taken under this Act must be taken
concurrently with any leave taken under the Federal Family and
Medical Leave Act of 1993.
(b) An employer may require that family leave taken under
this Act be taken concurrently or otherwise coordinated with
leave allowed under the terms of a collective bargaining

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agreement or employer policy, as applicable, for the birth or
placement of a child. The employer must give his or her
employees written notice of this requirement.
Section 80. Rules. The Department may adopt any rules
necessary to implement the provisions of this Act. In adopting
rules, the Department shall maintain consistency with the
regulations adopted to implement the Federal Family and
Medical Leave Act of 1993 to the extent such regulations are
not in conflict with this Act.
Section 85. Authority to contract. The Department may
contract or enter into interagency agreements with other State
agencies for the initial administration of the Family Leave
Program.
Section 175. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 900. The State Finance Act is amended by adding
Section 5.990 as follows:
(30 ILCS 105/5.990 new)
Sec. 5.990. The State Benefits Fund.