Bill Text: IL HB2376 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Creates the Family Leave Insurance Program Act. Requires the Department of Labor to establish and administer a Family Leave Insurance Program that 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. Sets forth eligibility requirements for benefits under the Act including that the employee must (i) establish that he or she has been employed for at least 680 hours in employment during the employee's qualifying year and (ii) document that he or she has provided the employer with written notice of the employee's intention to take family leave. Defines "employer" to mean (a) any person, partnership, corporation, association, or other business entity that employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the year in which the leave is to be taken or in the year immediately preceding the year in which the leave is to be taken; and (b) the State of Illinois and any other unit of local government. 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 Family Leave Insurance Account Fund.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2017-07-06 - Rule 19(a) / Re-referred to Rules Committee [HB2376 Detail]

Download: Illinois-2017-HB2376-Engrossed.html



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1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Family
5Leave Insurance Act.
6 Section 5. Declaration of policy and intent.
7 (a) Many employees do not have access to family and medical
8leave programs, and those who do may not be in a financial
9position to take family or medical leave that is unpaid, and
10employer-paid benefits meet only a relatively small part of
11this need. It is the public policy of this State to protect
12working families against the economic hardship caused by the
13need to take time off from work to care for themselves or
14family members who are suffering from a serious illness or to
15care for a newborn or a newly adopted child.
16 Moreover, many women are single mothers or the primary
17breadwinners for their families. If any of these women take an
18unpaid maternity leave, her whole family, and Illinois,
19suffers.
20 The United States is the only industrialized nation in the
21world that does not have a mandatory workplace-based program
22for such income support.
23 It is therefore desirable and necessary to develop systems

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1that help families adapt to the competing interests of work and
2home which not only benefit workers, but also benefit employers
3by reducing employee turnover and increasing worker
4productivity.
5 (b) It is the intent of the General Assembly to create a
6family leave program to relieve the serious menace to health,
7morals, and welfare of Illinois families, to increase workplace
8productivity, and to alleviate the enormous and growing stress
9on working families of balancing the demands of work and family
10needs.
11 Section 10. Definitions. In this Act:
12 (1)(A) "Average weekly wage" means the amount derived by
13dividing a covered employee's total wages earned from the
14employee's most recent covered employer during the base weeks
15in the 8 calendar weeks immediately preceding the calendar week
16in which a period of family leave commenced by the number of
17such base weeks.
18 (B) If the computation in paragraph (A) yields a result
19that is less than the employee's average weekly earnings in
20employment with all covered employers during the base weeks in
21such 8 calendar weeks, then the average weekly wage shall be
22computed on the basis of earnings from all covered employers
23during the base weeks in the 8 calendar weeks immediately
24preceding the week in which the period of family leave
25commences.

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1 (C) For periods of family leave, if the computations in
2paragraphs (A) and (B) both yield a result which is less than
3the employee's average weekly earnings in employment with all
4covered employers during the base weeks in the 26 calendar
5weeks immediately preceding the week in which the period of
6family leave commenced, then the average weekly wage shall,
7upon a written request to the Department by the employee on a
8form provided by the Department, be computed by the Department
9on the basis of earnings from all covered employers of the
10employee during the base weeks in those 26 calendar weeks.
11 (2) "Base hours" means the hours of work for which an
12employee receives compensation. "Base hours" includes overtime
13hours for which the employee is paid additional or overtime
14compensation and hours for which the employee receives workers'
15compensation benefits. "Base hours" also includes hours an
16employee would have worked except for having been in military
17service. At the option of the employer, "base hours" may
18include hours for which the employee receives other types of
19compensation, such as administrative, personal leave, vacation
20or sick leave.
21 (3) "Care" includes, but is not limited to, physical care,
22emotional support, visitation, arranging for a change in care,
23assistance with essential daily living matters, and personal
24attendant services.
25 (4) "Child" means a biological, adopted, or foster child,
26stepchild, or legal ward of an eligible employee, child of a

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1spouse of the eligible employee, or child of a civil union
2partner of the eligible employee, who is less than 19 years of
3age or is 19 years of age or older, but incapable of self-care
4because of a mental or physical impairment.
5 (5) "Civil union" means a civil union as defined in the
6Illinois Religious Freedom Protection and Civil Union Act.
7 (6) "Consecutive leave" means leave that is taken without
8interruption based upon an employee's regular work schedule and
9does not include breaks in employment in which an employee is
10not regularly scheduled to work. For example, when an employee
11is normally scheduled to work from September through June and
12is not scheduled to work during July and August, a leave taken
13continuously during May, June, and September shall be
14considered a consecutive leave.
15 (7) "Department" means the Department of Employment
16Security.
17 (8) "Director" means the Director of Employment Security
18and any transaction or exercise of authority by the Director
19shall be deemed to be performed by the Department.
20 (9) "Eligible employee" means an employee employed by the
21same employer, as defined in paragraph (10), in the State of
22Illinois for 12 months or more who has worked 1,200 or more
23base hours during the preceding 12-month period. An employee is
24considered to be employed in the State of Illinois if:
25 (A) the employee works in Illinois; or
26 (B) the employee routinely performs some work in

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1 Illinois and the employee's base of operations or the place
2 from which the work is directed and controlled is in
3 Illinois.
4 (10) "Employer" means any partnership, association, trust,
5estate, joint-stock company, insurance company, or
6corporation, whether domestic or foreign, or the receiver,
7trustee in bankruptcy, trustee, or person that has in its
8employ one or more employees performing services for it within
9this State. "Employer" also includes any employer subject to
10the Unemployment Insurance Act, except the State, its political
11subdivisions, and any instrumentality of the State. All
12employees performing services within this State for any
13employing unit that maintains 2 or more separate establishments
14within this State shall be deemed to be employed by a single
15employing unit for all purposes of this Act.
16 (11) "Family member" means an eligible employee's child,
17spouse, party to a civil union, parent, or any other individual
18related by blood or whose close relationship with the employee
19is the equivalent of a family relationship.
20 (12) "Family leave" means leave taken by an eligible
21employee from work with an employer: (A) to participate in the
22providing of care, including physical or psychological care,
23for the employee or a family member of the eligible employee
24made necessary by a serious health condition of the family
25member; (B) to be with a child during the first 12 months after
26the child's birth, if the employee, the employee's spouse, or

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1the party to a civil union with the employee, is a biological
2parent of the child, or the first 12 months after the placement
3of the child for adoption or foster care with the employee; (C)
4for the employee's own serious health condition; or (D) because
5of any qualifying exigency as interpreted under the Family and
6Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(E) and 29 CFR
7825.126) arising out of the fact that the spouse, party to a
8civil union, child, parent of the employee, or any other
9individual related by blood or whose close relationship with
10the employee is equivalent to a family relationship is on
11active duty (or has been notified of an impending call or order
12to active duty) in the armed forces as of the United States.
13"Family leave" does not include any period of time during which
14an eligible employee is paid benefits pursuant to the Workers'
15Compensation Act or the Unemployment Insurance Act because the
16employee is unable to perform the duties of the employee's
17employment due to the employee's own disability.
18 (13) "Family leave benefits" means any payments that are
19payable to an eligible employee for all or part of a period of
20family leave.
21 (14) "Health care provider" means any person licensed under
22federal, State, or local law or the laws of a foreign nation to
23provide health care services or any other person who has been
24authorized to provide health care by a licensed health care
25provider.
26 (15) "Intermittent leave" means a non-consecutive leave

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1consisting of intervals, each of which is at least one, but
2fewer than 12, weeks within a consecutive 12-month period.
3 (16) "Parent of an eligible employee" means a biological
4parent, foster parent, adoptive parent, or stepparent of the
5eligible employee or a person who was a legal guardian of, or
6who stood in loco parentis to, the eligible employee when the
7eligible employee was a child.
8 (17) "Placement for adoption" means the time when an
9eligible employee adopts a child or becomes responsible for a
10child pending adoption by the eligible employee.
11 (18) "Serious health condition" means an illness, injury,
12impairment, or physical or mental condition that requires
13inpatient care in a hospital, hospice, or residential medical
14care facility or continuing medical treatment or continuing
15supervision by a health care provider.
16 (19) "12-month period" means, with respect to an employee
17who establishes a valid claim for family leave benefits during
18a period of family leave, the 365 consecutive days that begin
19with the first day that the employee first establishes the
20claim.
21 Section 15. Family leave program.
22 (a) Subject to appropriation, the Department shall
23establish and administer a family leave program.
24 (b) The Department shall establish procedures and forms for
25filing claims for benefits under this Act.

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1 (c) The Department shall use information sharing and
2integration technology to facilitate the disclosure of
3relevant information or records by the Department of Employment
4Security.
5 (d) Information contained in the files and records
6pertaining to an employee under this Act is confidential and
7not open to public inspection, other than to public employees
8in the performance of their official duties. However, the
9employee or an authorized representative of an employee may
10review the records or receive specific information from the
11records on the presentation of the signed authorization of the
12employee. An employer or the employer's duly authorized
13representative may review the records of an employee employed
14by the employer in connection with a pending claim. At the
15Department's discretion, other persons may review records when
16such persons are rendering assistance to the Department at any
17stage of the proceedings on any matter pertaining to the
18administration of this Act.
19 An employer must keep at its place of business records of
20employment from which the information needed by the Department
21for purposes of this Act may be obtained. The records shall at
22all times be open to the inspection of the Department pursuant
23to rules adopted by the Department.
24 (e) The Department shall develop and implement an outreach
25program to ensure that individuals who may be eligible to
26receive family leave benefits under this Act are made aware of

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1these benefits. Outreach information shall explain, in an easy
2to understand format, eligibility requirements, the claims
3process, weekly benefit amounts, maximum benefits payable,
4notice requirements, reinstatement and nondiscrimination
5rights, confidentiality, and coordination of leave under this
6Act and other laws, collective bargaining agreements, and
7employer policies. Outreach information shall be available in
8English and in languages other than English that are spoken as
9a primary language by a significant portion of the State's
10population, as determined by the Department.
11 Section 20. Eligibility for benefits.
12 (a) The Department may require that a claim for family
13leave benefits under this Section be supported by a
14certification issued by a health care provider who is providing
15care to the employee or the employee's family member if
16applicable.
17 (b) An employee is not eligible for family leave benefits
18under this Section for any week for which the employee receives
19paid family leave from his or her employer. If an employer
20provides paid family leave, the employee may elect whether
21first to use the paid family leave or to receive family leave
22benefits under this Section. An employee may not be required to
23use paid family leave to which the employee is entitled before
24receiving family leave benefits under this Section.
25 (c) This Section does not limit an employee's right to take

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1leave from employment under other laws or employer policy.
2 (d) The eligibility of an employee for benefits is not
3affected by a strike or lockout at the factory, establishment,
4or other premises at which the employee is or was last
5employed.
6 (e) An employee who has received benefits under this
7Section may not lose any other employment benefits, including
8seniority or pension rights, accrued before the date that
9family leave commenced. However, this Section does not entitle
10an employee to accrue employment benefits during a period of
11family leave or to a right, benefit, or position of employment
12other than a right, benefit, or position to which the employee
13would have been entitled had the employee not taken family
14leave.
15 (f) This Section does not diminish an employer's obligation
16to comply with a collective bargaining agreement or an
17employment benefits program or plan that provides greater
18benefits to employees than the benefits provided under this
19Section.
20 (g) An agreement by an employee to waive the employee's
21rights under this Section is void as contrary to public policy.
22The benefits under this Section may not be diminished by a
23collective bargaining agreement or another employment benefits
24program or plan entered into or renewed after the effective
25date of this Act.
26 (h) Nothing in this Act shall be deemed to affect the

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1validity or change the terms of bona fide collective bargaining
2agreements in force on the effective date of this Act. After
3that date, requirements of this Act may be waived in a bona
4fide collective bargaining agreement, but only if the waiver is
5set forth explicitly in such agreement in clear and unambiguous
6terms.
7 (i) This Section does not create a continuing entitlement
8or contractual right.
9 Section 25. Disqualification from benefits.
10 (a) An employee is disqualified from family leave benefits
11under this Act if the employee:
12 (1) willfully makes a false statement or
13 misrepresentation regarding a material fact, or willfully
14 fails to disclose a material fact, to obtain benefits;
15 (2) seeks benefits based on an intentionally
16 self-inflicted serious health condition; or
17 (3) seeks benefits based on a serious health condition
18 that resulted from the employee's commission of a felony.
19 (b) A disqualification for family leave benefits is for a
20period of 2 years, and commences on the first day of the
21calendar week in which the employee filed a claim for benefits
22under this Act. An employee who is disqualified for benefits is
23liable to the Department for a penalty in an amount equal to
2415% of the amount of benefits received by the employee.

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1 Section 30. State Benefits Fund.
2 (a) The State Benefits Fund is created as a special fund in
3the State treasury. Subject to appropriation, moneys in the
4Fund may be used for the payment of family leave benefits and
5for the administration of this Act. All interest and other
6earnings that accrue from investment of moneys in the Fund
7shall be credited to the Fund.
8 (b) An employer shall retain from all employees a payroll
9premium deduction in the amount of 0.3% of wages as defined in
10Section 235 of the Unemployment Insurance Act. The Department
11shall by rule provide for the collection of this payroll
12premium deduction.
13 The amount of the payroll premium imposed under this
14Section, less refunds authorized by this Act, and all
15assessments and penalties collected under this Act shall be
16deposited into and credited to the Fund.
17 (c) A separate account, to be known as the Administration
18Account, shall be maintained in the Fund. An amount determined
19by the Department sufficient for proper administration, not to
20exceed, however, 0.1% of wages as defined in this Section,
21shall be credited to the Administration Account. The expenses
22of the Department in administering the Fund and its accounts
23shall be charged against the Administration Account. The costs
24of administration of this Act shall be charged to the
25Administration Account.
26 (d) A separate account, to be known as the Family Leave

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1Benefits Account, shall be maintained in the Fund. The account
2shall be charged with all benefit payments. Prior to July 1 of
3each calendar year, the Department shall determine the average
4rate of interest and other earnings on all investments of the
5Fund for the preceding calendar year. If there is an
6accumulated deficit in the Family Leave Benefits Account in
7excess of $200,000 at the end of any calendar year after
8interest and other earnings have been credited as provided in
9this Section, the Department shall determine the ratio of the
10deficit to the total of all taxable wages paid during the
11preceding calendar year and shall make an assessment against
12all employers in an amount equal to the taxable wages paid by
13them during the preceding calendar year to employees,
14multiplied by the ratio, but in no event shall any such
15assessment exceed 0.1% of such wages. The amounts shall be
16collectible by the Department in the same manner as provided
17for the collection of employer contributions under the
18Unemployment Insurance Act. In making this assessment, the
19Department shall furnish to each affected employer a brief
20summary of the determination of the assessment. The amount of
21such assessments collected by the Department shall be credited
22to the Family Leave Benefits Account. As used in this Section,
23"wages" means wages as provided in Section 235 of the
24Unemployment Insurance Act.
25 (e) A board of trustees, consisting of the State Treasurer,
26the Secretary of State, the Director of Labor, the Director of

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1Employment Security, and the State Comptroller, is hereby
2created. The board shall invest and reinvest all moneys in the
3Fund in excess of its cash requirements in obligations legal
4for savings banks.
5 (f) The Department may adjust rates, not to exceed the
6amount established in subsection (b) of this Section, for the
7collection of premiums pursuant to subsection (b) of this
8Section. The Department shall set rates for premiums in a
9manner that minimizes the volatility of the rates assessed and
10so that at the end of the period for which the rates are
11effective, the cash balance shall be an amount approximating 12
12months of projected expenditures from the Fund, considering the
13functions and duties of the Department under this Act.
14 (g) An employer required to pay premiums under this Section
15shall make and file a report of employee hours worked and
16amounts due under this Section upon a combined report form
17prescribed by the Department. The report shall be filed with
18the Department at the times and in the manner prescribed by the
19Department.
20 (h) If the employer is a temporary employment agency that
21provides employees on a temporary basis to its customers, the
22temporary employment agency is considered the employer for
23purposes of this Section.
24 (i) When an employer quits business or sells out,
25exchanges, or otherwise disposes of the business or stock of
26goods, any premium payable under this Section is immediately

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1due and payable, and the employer shall, within 10 days
2thereafter, pay the premium due. A person who becomes a
3successor to the business is liable for the full amount of the
4premium and shall withhold from the purchase price a sum
5sufficient to pay any premium due from the employer until the
6employer produces a receipt from the Department showing payment
7in full of any premium due or a certificate that no premium is
8due. If the premium is not paid by the employer within 10 days
9after the date of the sale, exchange, or disposal, the
10successor is liable for the payment of the full amount of the
11premium. The successor's payment of the premium is, to the
12extent of the payment, a payment upon the purchase price, and
13if the payment is greater in amount than the purchase price,
14the amount of the difference is a debt due the successor from
15the employer.
16 A successor is not liable for any premium due from the
17person from whom the successor has acquired a business or stock
18of goods if the successor gives written notice to the
19Department of the acquisition and no assessment is issued by
20the Department within one year after receipt of the notice
21against the former operator of the business.
22 Section 35. Compensation for family leave.
23 (a) An individual's weekly benefit rate shall be two-thirds
24of his or her average weekly wage, subject to a maximum of 53%
25of the Statewide average weekly wage paid to workers by

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1employers, as determined pursuant to Section 401 of the
2Unemployment Insurance Act, provided, however, that the
3individual's benefit rate shall be computed to the next lower
4multiple of $1 if not already a multiple thereof. The amount of
5benefits for each day of family leave for which benefits are
6payable shall be one-seventh of the corresponding weekly
7benefit amount; provided that the total benefits for a
8fractional part of a week shall be computed to the next lower
9multiple of $1 if not already a multiple thereof.
10 (b) With respect to any period of family leave and while an
11individual is an eligible employee, family benefits not in
12excess of the individual's maximum benefits shall be payable
13with respect to the first day of leave taken after the first
14one-week period following the commencement of the period of
15family leave and each subsequent day of family leave during
16that period of family leave; and if benefits become payable on
17any day after the first 3 weeks in which leave is taken, then
18benefits shall also be payable with respect to any leave taken
19during the first one-week period in which leave is taken. The
20maximum total benefits payable to any eligible individual
21commencing on or after the effective date of this Act shall be
2212 times the individual's weekly benefit amount or one-third of
23his or her total wages in his or her base year, whichever is
24the lesser; provided that the maximum amount shall be computed
25in the next lower multiple of $1 if not already a multiple
26thereof.

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1 (c) All of the family leave benefits paid to an eligible
2employee during a period of family leave with respect to any
3one birth or adoption shall be for a single continuous period
4of time, except that the employer of the eligible employee may
5permit the eligible employee to receive the family leave
6benefits during non-consecutive weeks in a manner mutually
7agreed to by the employer and the eligible employee and
8disclosed to the Department by the employer.
9 (d) Nothing in this Act shall be construed to prohibit the
10establishment by an employer, without approval by the
11Department, of a supplementary plan or plans providing for the
12payment to employees, or to any class or classes of employees,
13of benefits in addition to the benefits provided by this Act or
14to prohibit the collection or receipt of additional voluntary
15contributions from employees toward the cost of the additional
16benefits. The rights, duties, and responsibilities of all
17interested parties under the supplementary plans shall be
18unaffected by any provision of this Act.
19 Section 40. Family leave; duration. An eligible employee
20may take 12 weeks of family leave within any 24-month period in
21order to provide care made necessary by reasons identified in
22Section 10. An eligible employee may take family leave on an
23intermittent schedule in which all of the leave authorized
24under this Act is not taken sequentially.

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1 Section 45. Annual reports; contents.
2 (a) The Department shall issue and make available to the
3public, not later than July 1, 2019 and July 1 of each
4subsequent year, annual reports providing data on family leave
5benefits claims involving pregnancy and childbirth, and family
6leave benefits, including separate data for each of the
7following categories of claims: the employee's own serious
8illness; care of newborn children; care of newly adopted
9children; care of sick children; care of sick spouses; and care
10of other sick family members. The reports shall include, for
11each category of claims, the number of workers receiving the
12benefits, the amount of benefits paid, the average duration of
13benefits, the average weekly benefit, and any reported amount
14of sick leave, vacation, or other fully paid time which
15resulted in reduced benefit duration. The report shall provide
16data by gender and by any other demographic factors determined
17to be relevant by the Department. The reports shall also
18provide, for all family leave benefits, the total costs of
19benefits and the total cost of administration, the portion of
20benefits for claims during family leave, and the total revenues
21from employer assessments, where applicable; employee
22assessments; and other sources.
23 (b) The Department may, in its discretion, conduct surveys
24and other research regarding, and include in the annual reports
25descriptions and evaluations of the impact and potential future
26impact of the costs and benefits resulting from the provisions

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1of this Act for:
2 (1) employees and their families, including surveys
3 and evaluations of what portion of the total number of
4 employees taking leave would not have taken leave, or would
5 have taken less leave, without the availability of
6 benefits; what portion of employees return to work after
7 receiving benefits and what portion are not permitted to
8 return to work; and what portion of employees who are
9 eligible for benefits do not claim or receive them and why
10 they do not;
11 (2) employers, including benefits such as reduced
12 training and other costs related to reduced turnover of
13 personnel, and increased affordability of family leave
14 through the State, with special attention given to small
15 businesses; and
16 (3) the public, including savings caused by any
17 reduction in the number of people receiving public
18 assistance.
19 (c) The total amount of any expenses that the Department
20determines are necessary to carry out its duties pursuant to
21this Section shall be charged to the Administration Account of
22the Fund.
23 Section 50. Hearings. A person aggrieved by a decision of
24the Department under this Act may request a hearing. The
25Department shall adopt rules governing hearings and the

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1issuance of final orders under this Act in accordance with the
2provisions of the Illinois Administrative Procedure Act. All
3final administrative decisions of the Department under this Act
4are subject to judicial review under the Administrative Review
5Law.
6 Section 55. Prohibited acts. No employer, temporary
7employment agency, employment agency, employee organization,
8or other person shall discharge, expel, or otherwise
9discriminate against a person because the person has filed or
10communicated to the employer an intent to file a claim, a
11complaint, or an appeal or has testified or is about to testify
12or has assisted in any proceeding, under this Act, at any time.
13 Section 60. Penalties.
14 (a) A person who makes a false statement or representation,
15knowing it to be false, or knowingly fails to disclose a
16material fact to obtain or increase any family leave benefit
17during a period of family leave, either for himself or herself
18or for any other person, shall be liable for a civil penalty of
19$250 to be paid to the Department. Each such false statement or
20representation or failure to disclose a material fact shall
21constitute a separate offense. Upon refusal to pay such civil
22penalty, the civil penalty shall be recovered in a civil action
23by the Attorney General on behalf the Department in the name of
24the State of Illinois. If, in any case in which liability for

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1the payment of a civil penalty has been determined, any person
2who has received any benefits under this Act by reason of the
3making of such false statements or representations or failure
4to disclose a material fact shall not be entitled to any
5benefits under this Act for any leave occurring prior to the
6time he or she has discharged his or her liability to pay the
7civil penalty.
8 (b) A person who willfully violates any provision of this
9Act or any rule adopted under this Act for which a civil
10penalty is neither prescribed in this Act nor provided by any
11other applicable law shall be subject to a civil penalty of
12$500 to be paid to the Department. Upon the refusal to pay such
13civil penalty, the civil penalty shall be recovered in a civil
14action by the Attorney General on behalf of the Department in
15the name of the State of Illinois.
16 (c) A person, employing unit, employer, or entity violating
17any provision of this Section with intent to defraud the
18Department is guilty of a Class C misdemeanor. The fine upon
19conviction shall be payable to the Fund. Any penalties imposed
20by this subsection shall be in addition to those otherwise
21prescribed in this Section.
22 Section 70. Leave and employment protection.
23 (a) During a period in which an employee receives family
24leave benefits under this Act, the employee is entitled to
25family leave and, at the established ending date of leave, to

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1be restored to a position of employment with the employer from
2whom leave was taken as provided under subsection (b).
3 (b) Except as provided in subsection (f), an employee who
4receives family leave benefits under this Act for the intended
5purpose of the family leave is entitled, on return from the
6leave:
7 (1) to be restored by the employer to the position of
8 employment held by the employee when the family leave
9 commenced; or
10 (2) to be restored to an equivalent position with
11 equivalent employment benefits, pay, and other terms and
12 conditions of employment at a workplace within 20 miles of
13 the employee's workplace when the family leave commenced.
14 (c) The taking of family leave under this Act may not
15result in the loss of any employment benefits accrued before
16the date on which the family leave commenced.
17 (d) Nothing in this Section entitles a restored employee
18to:
19 (1) the accrual of any seniority or employment benefits
20 during any period of family leave; or
21 (2) any right, benefit, or position of employment other
22 than any right, benefit, or position to which the employee
23 would have been entitled to had the employee not taken the
24 family leave.
25 (e) Nothing in this Section prohibits an employer from
26requiring an employee on family leave to report periodically to

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1the employer on the status and intention of the employee to
2return to work.
3 (f) An employer may deny restoration under subsection (b)
4to a salaried employee who is among the highest paid 10% of the
5employees employed by the employer within 75 miles of the
6facility at which the employee is employed if:
7 (1) denial is necessary to prevent substantial and
8 grievous economic injury to the operations of the employer;
9 (2) the employer notifies the employee of the intent of
10 the employer to deny restoration on such basis at the time
11 the employer determines that the injury would occur; and
12 (3) the family leave has commenced and the employee
13 elects not to return to employment after receiving the
14 notice.
15 Section 75. Notice to employer.
16 (a) If the necessity for family leave for the birth or
17placement of a child is foreseeable based on an expected birth
18or placement, the employee shall provide the employer with not
19less than 30 days' notice, before the date the leave is to
20begin, of the employee's intention to take leave for the birth
21or placement of a child, except that if the date of the birth
22or placement requires leave to begin in less than 30 days, the
23employee shall provide such notice as is practicable.
24 (b) If the necessity for family leave for an employee's or
25a family member's serious health condition is foreseeable based

HB2376 Engrossed- 24 -LRB100 05670 JLS 15687 b
1on planned medical treatment, the employee:
2 (1) must make a reasonable effort to schedule the
3 treatment so as not to disrupt unduly the operations of the
4 employer; and
5 (2) must provide the employer with not less than 30
6 days' notice, before the date the leave is to begin, of the
7 employee's intention to take leave for his, her, or a
8 family member's serious health condition, except that if
9 the date of the treatment requires leave to begin in less
10 than 30 days, the employee must provide such notice as is
11 practicable.
12 Section 80. Employment by same employer. If spouses who are
13entitled to leave under this Act are employed by the same
14employer, the employer may require that spouses not take such
15leave concurrently.
16 Section 85. Coordination of leave.
17 (a) Family leave taken under this Act must be taken
18concurrently with any leave taken under the Federal Family and
19Medical Leave Act of 1993.
20 (b) An employer may require that family leave taken under
21this Act be taken concurrently or otherwise coordinated with
22leave allowed under the terms of a collective bargaining
23agreement or employer policy, as applicable, for the birth or
24placement of a child. The employer must give his or her

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1employees written notice of this requirement.
2 Section 90. Rules. The Department may adopt any rules
3necessary to implement the provisions of this Act. In adopting
4rules, the Department shall maintain consistency with the
5regulations adopted to implement the Federal Family and Medical
6Leave Act of 1993 to the extent such regulations are not in
7conflict with this Act.
8 Section 95. Authority to contract. The Department may
9contract or enter into interagency agreements with other State
10agencies for the initial administration of the Family Leave
11Program.
12 Section 175. Severability. The provisions of this Act are
13severable under Section 1.31 of the Statute on Statutes.
14 Section 900. The State Finance Act is amended by adding
15Section 5.878 as follows:
16 (30 ILCS 105/5.878 new)
17 Sec. 5.878. The State Benefits Fund.
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