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


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 1-0)

Status: (Introduced) 2017-04-27 - Placed on Calendar 2nd Reading - Short Debate [HB2376 Detail]

Download: Illinois-2017-HB2376-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2376

Introduced , by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.878 new

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.
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A BILL FOR

HB2376LRB100 05670 JLS 15687 b
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 Program Act.
6 Section 5. Legislative findings. The General Assembly
7finds that, although family leave laws have assisted employees
8to balance the demands of the workplace with their family
9responsibilities, more needs to be done to achieve the goals of
10parent and child bonding, workforce stability, and economic
11security. In particular, the General Assembly finds that many
12employees do not have access to family leave laws, and those
13who do may not be in a financial position to take family leave
14that is unpaid, and that employer-paid benefits meet only a
15relatively small part of this need. The General Assembly
16declares it to be in the public interest to establish a program
17that:
18 (1) allows parents to bond with a newborn or newly
19 adopted child under 18 years of age or a newly placed
20 foster child under 18 years of age or a newly adopted or
21 newly placed foster child older than 18 years of age if the
22 child is incapable of self-care because of a mental or
23 physical disability;

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1 (2) provides limited and additional income support for
2 a reasonable period while an individual is away from work
3 on family leave;
4 (3) reduces the impact on State income support programs
5 by increasing an individual's ability to provide
6 caregiving services for a child or a family member with a
7 serious health condition while maintaining an employment
8 relationship; and
9 (4) establishes a wage replacement benefit to be
10 coordinated with current existing State and federal family
11 leave laws.
12 Section 10. Definitions. As used in this Act:
13 "Application year" means the 12-month period beginning on
14the first day of the calendar week in which an employee files
15an application for family leave benefits and, thereafter, the
1612-month period beginning with the first day of the calendar
17week in which the employee files a subsequent application for
18family leave benefits after the expiration of the employee's
19last preceding application year.
20 "Calendar quarter" means the period of 3 consecutive
21calendar months ending on March 31, June 30, September 30, or
22December 31.
23 "Child" means a biological, adopted, or foster child.
24 "Department" means the Department of Labor.
25 "Director" means the Director of the Department of Labor.

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1 "Employer" means (1) any person, partnership, corporation,
2association, or other business entity that employs 50 or more
3employees for each working day during each of 20 or more
4calendar workweeks in the year in which the leave is to be
5taken or in the year immediately preceding the year in which
6the leave is to be taken; and (2) the State of Illinois and any
7other unit of local government.
8 "Family leave" means:
9 (1) leave because of the birth of a child of the
10 employee and in order to care for the child;
11 (2) leave to care for a newly adopted child under 18
12 years of age or a newly placed foster child under 18 years
13 of age or a newly adopted or newly placed foster child
14 older than 18 years of age if the child is incapable of
15 self-care because of a mental or physical disability; or
16 (3) leave to care for a family member with a serious
17 health condition.
18 "Family member" means the spouse of the employee, the
19biological, adoptive, or foster parent or child of the
20employee, the grandparent or grandchild of the employee, a
21parent-in-law of the employee, or a person with whom the
22employee was or is in a relationship of in loco parentis.
23 "Family leave insurance benefits" means the benefits
24payable under this Act.
25 "Health care provider" means a person who is licensed,
26certified, or otherwise authorized by the law of this State to

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1administer health care in the ordinary course of business or
2practice of a profession.
3 "Premium" means the payments required by this Act to be
4made to the Family Leave Insurance Account Fund.
5 "Federal Family and Medical Leave Act" means the federal
6Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).
7 "Qualifying year" means the first 4 of the last 5 completed
8calendar quarters or the last 4 completed calendar quarters
9immediately preceding the first day of the individual's
10application year.
11 "Serious health condition" means:
12 (1) an illness, injury, impairment, or physical or
13 mental condition that requires inpatient care in a
14 hospital, hospice, or residential medical care facility;
15 (2) an illness, disease, or condition that in the
16 medical judgment of the treating health care provider poses
17 an imminent danger of death, is terminal in prognosis with
18 a reasonable possibility of death in the near future, or
19 requires constant care; or
20 (3) any period of disability due to pregnancy, or
21 period of absence for prenatal care.
22 Section 15. Family Leave Insurance Program.
23 (a) The Department shall establish and administer a Family
24Leave Insurance Program.
25 (b) The Department shall establish procedures and forms for

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

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1program to ensure that individuals who may be eligible to
2receive family leave insurance benefits under this Act are made
3aware of these benefits. Outreach information shall explain, in
4an easy to understand format, eligibility requirements, the
5claims process, weekly benefit amounts, maximum benefits
6payable, notice requirements, reinstatement and
7nondiscrimination rights, confidentiality, and coordination of
8leave under this Act and other laws, collective bargaining
9agreements, and employer policies. Outreach information shall
10be available in English and in languages other than English
11that are spoken as a primary language by a significant portion
12of the State's population, as determined by the Department.
13 Section 20. Eligibility for benefits.
14 (a) Family leave insurance benefits are payable under the
15Family Leave Insurance Program to an employee during a period
16in which the employee is on unpaid family leave if the employee
17does all of the following:
18 (1) Takes family leave:
19 (A) because of the birth of a child of the employee
20 and in order to care for the child;
21 (B) to care for a newly adopted child under 18
22 years of age or a newly placed foster child under 18
23 years of age or a newly adopted or newly placed foster
24 child older than 18 years of age if the child is
25 incapable of self-care because of a mental or physical

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1 disability; or
2 (C) to care for a family member with a serious
3 health condition.
4 (2) Files a claim for family leave insurance benefits
5 as required by rules adopted by the Department.
6 (3) Establishes that the employee has been employed for
7 at least 680 hours in employment during the employee's
8 qualifying year.
9 (4) Establishes that the employee has had premiums
10 withheld throughout the employee's qualifying year via
11 payroll withholdings as provided under Section 30 of this
12 Act.
13 (5) Establishes an application year. An application
14 year may not be established if the qualifying year includes
15 hours worked before establishment of a previous
16 application year.
17 (6) Consents to the disclosure of information or
18 records deemed private and confidential by State and
19 federal laws. Initial disclosure of this information and
20 these records by the Department of Employment Security to
21 the Department of Labor is solely for purposes related to
22 the administration of this Act. Further disclosure of this
23 information or these records is subject to subsection (c)
24 of Section 15 of this Act.
25 (7) Discloses whether or not he or she owes child
26 support obligations as defined in subsection (B) of Section

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1 1300 of the Unemployment Insurance Act.
2 (8) Documents that he or she has provided the employer
3 from whom family leave is to be taken with written notice
4 of the employee's intention to take family leave as
5 provided in Section 75.
6 (b) The Department may require that a claim for family
7leave insurance benefits under this Section be supported by a
8certification issued by a health care provider who is providing
9care to the employee's family member if applicable.
10 (c) An employee is not eligible for family leave insurance
11benefits under this Section for any week for which the employee
12receives paid family leave. If an employer provides paid family
13leave, the employee may elect whether first to use the paid
14family leave or to receive family leave insurance benefits
15under this Section. An employee may not be required to use paid
16family leave to which the employee is entitled before receiving
17family leave insurance benefits under this Section.
18 (d) This Section does not limit an employee's right to take
19leave from employment under other laws or employer policy.
20 (e) The eligibility of an employee for benefits is not
21affected by a strike or lockout at the factory, establishment,
22or other premises at which the employee is or was last
23employed.
24 (f) An employee who has received benefits under this
25Section may not lose any other employment benefits, including
26seniority or pension rights, accrued before the date that

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1family leave commenced. However, this Section does not entitle
2an employee to accrue employment benefits during a period of
3family leave or to a right, benefit, or position of employment
4other than a right, benefit, or position to which the employee
5would have been entitled had the employee not taken family
6leave.
7 (g) This Section does not diminish an employer's obligation
8to comply with a collective bargaining agreement or an
9employment benefits program or plan that provides greater
10benefits to employees than the benefits provided under this
11Section.
12 (h) An agreement by an employee to waive the employee's
13rights under this Section is void as contrary to public policy.
14The benefits under this Section may not be diminished by a
15collective bargaining agreement or another employment benefits
16program or plan entered into or renewed after the effective
17date of this Act.
18 (i) This Section does not create a continuing entitlement
19or contractual right.
20 Section 25. Disqualification from benefits.
21 (a) An employee is disqualified from family leave insurance
22benefits under this Act if the employee:
23 (1) willfully makes a false statement or
24 misrepresentation regarding a material fact, or willfully
25 fails to disclose a material fact, to obtain benefits;

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1 (2) seeks benefits based on an intentionally
2 self-inflicted serious health condition; or
3 (3) seeks benefits based on a serious health condition
4 that resulted from the employee's commission of a felony.
5 (b) A disqualification for family leave insurance benefits
6is for a period of 2 years, and commences on the first day of
7the calendar week in which the employee filed a claim for
8benefits under this Act. An employee who is disqualified for
9benefits is liable to the Department for a penalty in an amount
10equal to 15% of the amount of benefits received by the
11employee.
12 Section 30. Premium payments.
13 (a) Every employer shall retain from the moneys earned by
14all employees a premium amount of not more than $2.50 for each
15month the employee is employed and pay the moneys retained in
16the manner and at such intervals as the Director directs.
17 (b) Moneys collected pursuant to subsection (a), and any
18accrued cash balances, shall be deposited into the Family Leave
19Insurance Account Fund for the expenditures of the Department
20in carrying out the functions and duties of the Department
21under this Act. Factors to be considered in making the
22adjustment under subsection (c) in the rate of premiums
23withheld include, but are not limited to, the cash balance as
24determined by the Director and estimated expenditures and
25revenues of the Family Leave Insurance Account Fund.

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1 (c) The Director may adjust rates, not to exceed the amount
2established in subsection (a) of this Section, for the
3collection of premiums pursuant to subsection (a) of this
4Section. The Director shall set rates for premiums in a manner
5that minimizes the volatility of the rates assessed and so that
6at the end of the period for which the rates are effective, the
7cash balance shall be an amount approximating 12 months of
8projected expenditures from the Family Leave Insurance Account
9Fund, considering the functions and duties of the Department
10under this Act.
11 (d) Every employer required to pay premiums under this
12Section shall make and file a report of employee hours worked
13and amounts due under this Section upon a combined report form
14prescribed by the Department of Revenue. The report shall be
15filed with the Department of Revenue at the times and in the
16manner prescribed by the Department of Revenue.
17 (e) If the employer is a temporary employment agency that
18provides employees on a temporary basis to its customers, the
19temporary employment agency is considered the employer for
20purposes of this Section.
21 (f) When an employer quits business or sells out, exchanges
22or otherwise disposes of the business or stock of goods, any
23premium payable under this Section is immediately due and
24payable, and the employer shall, within 10 days thereafter, pay
25the premium due. A person who becomes a successor to the
26business is liable for the full amount of the premium and shall

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1withhold from the purchase price a sum sufficient to pay any
2premium due from the employer until the employer produces a
3receipt from the Department of Labor showing payment in full of
4any premium due or a certificate that no premium is due. If the
5premium is not paid by the employer within 10 days after the
6date of the sale, exchange, or disposal, the successor is
7liable for the payment of the full amount of the premium. The
8successor's payment of the premium is, to the extent of the
9payment, a payment upon the purchase price, and if the payment
10is greater in amount than the purchase price, the amount of the
11difference is a debt due the successor from the employer.
12 A successor is not liable for any premium due from the
13person from whom the successor has acquired a business or stock
14of goods if the successor gives written notice to the
15Department of the acquisition and no assessment is issued by
16the Department within one year after receipt of the notice
17against the former operator of the business.
18 Section 35. Duration of benefits; amount of benefits.
19 (a) The Department shall notify the employer of an employee
20filing a claim for family leave insurance benefits under
21Section 20 of this Act within 5 business days of the claim
22being filed.
23 (b) In an application year, family leave insurance benefits
24are payable for a maximum of 6 weeks. However, benefits are not
25payable during a waiting period consisting of the first 7

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1calendar days of family leave taken in an application year,
2whether the first 7 calendar days of family leave are employer
3paid or unpaid.
4 (c) The first payment of family leave insurance benefits
5shall be made to an employee within 2 weeks after the claim is
6filed or the family leave began, whichever is later. Subsequent
7payments shall be made twice a month thereafter.
8 (d) Family leave insurance benefits shall be paid as
9follows:
10 (1) Benefits shall be $300 per week for an employee who
11 at the time family leave began was regularly working 40
12 hours per week, or a prorated amount based on the weekly
13 hours regularly worked for an employee regularly working
14 more than or less than 40 hours per week.
15 (2) Only in daily amounts for family leave taken by an
16 employee. The minimum period of family leave for which
17 benefits may be paid is one week. The Department may not
18 pay a claim for benefits for a period of family leave of
19 less than one week.
20 (3) If an employee dies before receiving payment of
21 benefits, the payment shall be made by the Department and
22 distributed consistent with the terms of the decedent's
23 will or, if the decedent dies intestate, consistent with
24 the provisions of the Probate Act of 1975.
25 (e) Family leave insurance benefits are payable under this
26Section only to the extent that moneys are available in the

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1Family Leave Insurance Account Fund for that purpose. Neither
2the State nor the Department is liable for any amount in excess
3of this limitation.
4 (f) The Department shall provide a tax form to each
5employee who has received family leave insurance benefits for
6the employee's use in paying federal income tax on the benefits
7and shall advise an employee filing a new claim for family
8leave insurance benefits, at the time of filing the claim,
9that:
10 (1) benefits are subject to federal income tax;
11 (2) requirements exist pertaining to estimated tax
12 payments;
13 (3) the employee may elect to have federal income tax
14 deducted and withheld from the individual's payment of
15 benefits at the amount specified in the federal Internal
16 Revenue Code; and
17 (4) the employee is permitted to change a previously
18 elected withholding status.
19 Amounts deducted and withheld from benefits must remain in
20the Family Leave Insurance Account Fund until transferred to
21the federal taxing authority as a payment of income tax.
22 The Director shall follow all procedures specified by the
23federal Internal Revenue Service pertaining to the deducting
24and withholding of income tax.
25 (g) If an individual discloses that he or she owes child
26support obligations under Section 20 and the Department

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1determines that the individual is eligible for family leave
2insurance benefits, the Department shall notify the applicable
3State or local child support enforcement agency and deduct and
4withhold an amount from the benefits in a manner consistent
5with subsection (B) of Section 1300 of the Unemployment
6Insurance Act.
7 (h) The payment of family leave insurance benefits under
8this Act shall not be considered a binding determination of the
9obligations of the Department under this Act. The acceptance of
10compensation by the employee shall likewise not be considered a
11binding determination of his or her rights under this Act.
12Whenever any payment of benefits under this Act has been made
13and timely appeal therefrom has been made where the final
14decision is that the payment was improper, the employee shall
15repay it and recoupment may be made from any future payment due
16to the employee on any claim under this Act. The Director may
17exercise his or her discretion to waive, in whole or in part,
18the amount of any such payments where the recovery would be
19against equity and good conscience.
20 Section 40. Recovery of erroneous payments.
21 (a) If an employee receives any family leave insurance
22benefits under Section 35 which the employee is not entitled:
23 (1) the employee is liable to the Department for the
24 amount of benefits received; and
25 (2) the amount of benefits received may be deducted by

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1 the Department from any future benefits otherwise payable
2 to the employee under Section 35.
3 (b) If the Department decides that an employee has been
4paid family leave insurance benefits to which the employee is
5not entitled because of an error, and that the employee is not
6subject to disqualification under Section 25, the amounts
7received in error may be recovered by the Department only by
8deductions from benefits otherwise payable to the employee
9under Section 35 during the 52 weeks following the date on
10which the order establishing the amount of the erroneous
11payment becomes final. If amounts determined to be recoverable
12have not been paid within that time, the liability shall be
13canceled by the Department and charged against the Family Leave
14Insurance Account Fund.
15 (c) Except as provided in subsection (d), if benefits
16determined to be recoverable under this Section have not been
17paid within 3 years after the date that the order of the
18Department establishing the liability of the employee becomes
19final, and no payments have been received on the liability for
20at least 3 months, the liability shall be canceled by the
21Department and charged against the Family Leave Insurance
22Account Fund.
23 (d) Any amount due under this Section may be collected by
24the Department in a civil action against the employee brought
25in the name of the Department.
26 (e) Interest on any benefits recoverable under this Section

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1shall be paid and collected at the same time repayment of
2benefits is made by the employee. Interest on an amount
3recoverable under this Section accrues at the rate specified in
4Section 2-1303 of the Code of Civil Procedure, beginning on the
5first day of the month following 60 days after entry of the
6order establishing the amount recoverable.
7 (f) Any amount collected under this Section by the
8Department shall be paid into the Family Leave Insurance
9Account Fund.
10 Section 45. Hearings. A person aggrieved by a decision of
11the Department under this Act may request a hearing. The
12Department shall adopt rules governing hearings and the
13issuance of final orders under this Act in accordance with the
14provisions of the Illinois Administrative Procedure Act. All
15final administrative decisions of the Department under this Act
16are subject to judicial review under the Administrative Review
17Law.
18 Section 50. Prohibited acts.
19 (a) No employer, temporary employment agency, employment
20agency, employee organization, or other person shall
21discharge, expel, or otherwise discriminate against a person
22because the person has filed or communicated to the employer an
23intent to file a claim, a complaint, or an appeal or has
24testified or is about to testify or has assisted in any

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1proceeding, under this Act, at any time, including during the
2waiting period described in subsection (b) of Section 35 and
3the period in which the person receives family leave insurance
4benefits under this Act.
5 (b) The Department may assess a civil penalty not to exceed
6$5,000 against an employer that:
7 (1) fails to withhold premiums or fails to pay when due
8 the moneys withheld as provided in Section 30; or
9 (2) fails to comply with this Act or any rules adopted
10 by the Department relating to reports or other requirements
11 necessary to carry out the purposes of this Act.
12 All civil penalties collected under this subsection shall
13be applied first toward reimbursement of the costs incurred in
14investigating violations, conducting hearings, and assessing
15and collecting penalties. All remaining amounts shall be paid
16into the Family Leave Insurance Account Fund.
17 Section 55. Defaulted premium payments.
18 (a) If an employer defaults with respect to any premium
19payment required to be made by the employer to the Family Leave
20Insurance Account Fund under Section 30, a person described in
21subsection (b) of this Section who, as an officer, member,
22partner, or employee, is under a duty to perform the actions
23required by employers under this Act shall be personally liable
24for amounts due under Section 30. More than one person may be
25jointly and severally liable under this Section.

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1 (b) This Section applies only to a person who is one or
2more of the following:
3 (1) An officer or employee of a corporation.
4 (2) A member or an employee of a limited liability
5 corporation.
6 (3) A partner in or an employee of a limited liability
7 partnership.
8 (c) If the Director determines that an amount is due under
9this Section, the Director shall issue a notice of assessment
10to the person liable under this Section mailed to the person's
11last-known address of record with the Director.
12 Section 60. Family Leave Insurance Account Fund. The Family
13Leave Insurance Account Fund is created as a special fund in
14the State treasury. All moneys from premiums received under
15Section 30 shall be deposited into the Fund. Moneys in the Fund
16shall be continuously appropriated to the Department only for
17the purposes authorized by this Act. Any interest earned on
18moneys in the Family Leave Insurance Account Fund shall be
19deposited into the Fund.
20 Section 65. Elective coverage.
21 (a) An employer who is not subject to this Act or a
22self-employed person, including a sole proprietor, partner, or
23joint venturer, may elect to provide family leave insurance
24benefits under this Act to the employer's employees or the

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1self-employed person for an initial period of not less than 3
2years or a subsequent period of not less than one year
3immediately following another period of coverage. The employer
4or self-employed person must file a notice of election in
5writing with the Director, as required by the Department. The
6election becomes effective on the date of filing the notice.
7 (b) An employer or self-employed person who makes an
8election under this Section may withdraw the election within 30
9days after the end of the 3-year period of coverage, or at such
10other times as the Director may prescribe by rule, by filing
11written notice with the Director, such withdrawal to take
12effect not sooner than 30 days after filing the notice. Within
135 days of filing written notice of the withdrawal with the
14Director, an employer must provide written notice of the
15withdrawal to all employees.
16 (c) The Department may cancel an election made under this
17Section if the employer or self-employed person fails to remit
18required premiums or reports. The Department may collect unpaid
19premiums and may levy an additional premium for the remainder
20of the coverage period. A cancellation under this subsection
21becomes effective 30 days after the issuance of a written
22notice of cancellation to the employer or self-employed person
23or such earlier time as specified in the notice of
24cancellation.
25 (d) This Section becomes operative on January 1, 2019.

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1 Section 70. Leave and employment protection.
2 (a) During a period in which an employee receives family
3leave insurance benefits or earns waiting period credits under
4this Act, the employee is entitled to family leave and, at the
5established ending date of leave, to be restored to a position
6of employment with the employer from whom leave was taken as
7provided under subsection (b).
8 (b) Except as provided in subsection (f), any employee who
9receives family leave insurance benefits under this Act for the
10intended purpose of the family leave is entitled, on return
11from the leave:
12 (1) to be restored by the employer to the position of
13 employment held by the employee when the family leave
14 commenced; or
15 (2) to be restored to an equivalent position with
16 equivalent employment benefits, pay, and other terms and
17 conditions of employment at a workplace within 20 miles of
18 the employee's workplace when the family leave commenced.
19 (c) The taking of family leave under this Act may not
20result in the loss of any employment benefits accrued before
21the date on which the family leave commenced.
22 (d) Nothing in this Section entitles any restored employee
23to:
24 (1) the accrual of any seniority or employment benefits
25 during any period of family leave; or
26 (2) any right, benefit, or position of employment other

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1 than any right, benefit, or position to which the employee
2 would have been entitled to had the employee not taken the
3 family leave.
4 (e) Nothing in this Section prohibits an employer from
5requiring an employee on family leave to report periodically to
6the employer on the status and intention of the employee to
7return to work.
8 (f) An employer may deny restoration under subsection (b)
9to any salaried employee who is among the highest paid 10% of
10the employees employed by the employer within 75 miles of the
11facility at which the employee is employed if:
12 (1) denial is necessary to prevent substantial and
13 grievous economic injury to the operations of the employer;
14 (2) the employer notifies the employee of the intent of
15 the employer to deny restoration on such basis at the time
16 the employer determines that the injury would occur; and
17 (3) the family leave has commenced and the employee
18 elects not to return to employment after receiving the
19 notice.
20 (g) This Section applies only to an employee if:
21 (1) the employer from whom the employee takes family
22 leave employs more than 50 employees; and
23 (2) the employee has been employed for at least 12
24 months by that employer, and for at least 1,250 hours of
25 service with that employer during the previous 12-month
26 period.

HB2376- 23 -LRB100 05670 JLS 15687 b
1 Section 75. Notice to employer.
2 (a) If the necessity for family leave for the birth or
3placement of a child is foreseeable based on an expected birth
4or placement, the employee shall provide the employer with not
5less than 30 days' notice, before the date the leave is to
6begin, of the employee's intention to take leave for the birth
7or placement of a child, except that if the date of the birth
8or placement requires leave to begin in less than 30 days, the
9employee shall provide such notice as is practicable.
10 (b) If the necessity for family leave for a family member's
11serious health condition is foreseeable based on planned
12medical treatment, the employee:
13 (1) must make a reasonable effort to schedule the
14 treatment so as not to disrupt unduly the operations of the
15 employer, subject to the approval of the health care
16 provider of the family member, as appropriate; and
17 (2) must provide the employer with not less than 30
18 days' notice, before the date the leave is to begin, of the
19 employee's intention to take leave for a family member's
20 serious health condition, except that if the date of the
21 treatment requires leave to begin in less than 30 days, the
22 employee must provide such notice as is practicable.
23 Section 80. Employment by same employer. If spouses who are
24entitled to leave under this Act are employed by the same

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1employer, the employer may require that spouses not take such
2leave concurrently.
3 Section 85. Coordination of leave.
4 (a) Family leave taken under this Act must be taken
5concurrently with any leave taken under the federal Family and
6Medical Leave Act of 1993.
7 (b) An employer may require that family leave taken under
8this Act be taken concurrently or otherwise coordinated with
9leave allowed under the terms of a collective bargaining
10agreement or employer policy, as applicable, for the birth or
11placement of a child. The employer must give his or her
12employees written notice of this requirement.
13 Section 90. Rules. The Department may adopt any rules
14necessary to implement the provisions of this Act. In adopting
15rules, the Department shall maintain consistency with the rules
16adopted to implement the federal Family and Medical Leave Act
17to the extent such rules are not in conflict with this Act.
18 Section 95. Commencement date.
19 (a) Employers shall first withhold quarterly premiums from
20employees' earnings for quarters worked beginning June 1, 2018.
21 (b) Employees may first file claims for family leave
22insurance benefits under this Act on or after June 1, 2018.

HB2376- 25 -LRB100 05670 JLS 15687 b
1 Section 100. Authority to contract. The Department may
2contract or enter into interagency agreements with other State
3agencies for the initial administration of the Family Leave
4Insurance Program.
5 Section 105. The State Finance Act is amended by adding
6Section 5.878 as follows:
7 (30 ILCS 105/5.878 new)
8 Sec. 5.878. Family Leave Insurance Account Fund.
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