Bill Text: IL HB4724 | 2011-2012 | 97th General Assembly | Introduced

---

Bill Title: Creates the Illinois Family and Medical Leave Act. Contains provisions similar to those in the federal Family and Medical Leave Act of 1993. Contains provisions concerning applicability and coordination.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4724 Detail]

Download: Illinois-2011-HB4724-Introduced.html

---

97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB4724 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
New Act
Creates the Illinois Family and Medical Leave Act. Contains provisions similar to those in the federal Family and Medical Leave Act of 1993. Contains provisions concerning applicability and coordination.
LRB097 13739 AEK 61639 b
A BILL FOR
HB4724 LRB097 13739 AEK 61639 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE I. SHORT TITLE, FINDINGS AND PURPOSES, GENERAL
REQUIREMENTS FOR LEAVE
Section 100. Short title. This Act may be cited as the
Illinois Family and Medical Leave Act.
Section 101. Definitions. As used in this Article:
(1) (Blank).
(2) Eligible Employee.
(A) In General. The term "eligible employee" means an
employee who has been employed:
(i) for at least 12 months by the employer with
respect to whom leave is requested under Section 102;
and
(ii) for at least 1,250 hours of service with such
employer during the previous 12-month period.
(B) Exclusions. The term "eligible employee" does not
include:
(i) any Federal officer or employee covered under
Subchapter V of Chapter 63 of Title 5, United States
Code; or

HB4724 - 2 - LRB097 13739 AEK 61639 b
(ii) any employee of an employer who is employed at
a work site at which such employer employs less than 50
employees if the total number of employees employed by
that employer within 75 miles of that work site is less
than 50.
(C) Determination. For purposes of determining whether
an employee meets the hours of service requirement
specified in subparagraph (A)(ii), the legal standards
established under Section 7 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 207) shall apply.
(D) Airline flight crews.
(i) Determination. For purposes of determining
whether an employee who is a flight attendant or flight
crewmember (as such terms are defined in regulations of
the Federal Aviation Administration) meets the hours
of service requirement specified in subparagraph
(A)(ii), the employee will be considered to meet the
requirement if:
(I) the employee has worked or been paid for
not less than 60 percent of the applicable total
monthly guarantee, or the equivalent, for the
previous 12-month period, for or by the employer
with respect to whom leave is requested under
Section 102; and
(II) the employee has worked or been paid for
not less than 504 hours (not counting personal

HB4724 - 3 - LRB097 13739 AEK 61639 b
commute time or time spent on vacation leave or
medical or sick leave) during the previous
12-month period, for or by that employer.
(ii) File. Each employer of an employee described
in clause (i) shall maintain on file with the Director
(in accordance with such regulations as the Director
may prescribe) containing information specifying the
applicable monthly guarantee with respect to each
category of employee to which such guarantee applies.
(iii) Definition. For the purposes of this
Section, "applicable monthly guarantee" means:
(I) for an employee described in clause (i)
other than an employee on reserve status, the
minimum number of hours for which an employer as
agreed to schedule such employee for any given
month; and
(II) for an employee described in clause (i)
who is on reserve status, the number of hours for
which an employer has agreed to pay such employee
on reserve status for any given month, as
established in the applicable collective
bargaining agreement or, if none exists, in the
employer's policies.
(3) Employ; Employee; State. The terms "employ",
"employee", and "State" have the same meanings given such terms
in subsections (c), (e), and (g) of Section 3 of the Fair Labor

HB4724 - 4 - LRB097 13739 AEK 61639 b
Standards Act of 1938 (29 U.S.C. 203 (c), (e), and (g)).
(4) Employer.
(A) In general. The term "employer":
(i) means any person who employs 50 or more
employees for each working day during each of 20 or
more calendar workweeks in the current or preceding
calendar year;
(ii) includes:
(I) any person who acts, directly or
indirectly, in the interest of an employer to any
of the employees of such employer; and
(II) any successor in interest of an employer;
and
(iii) includes any State officer, department, or
agency, any unit of local government, and any school
district.
(B) (Blank).
(5) Employment benefits. The term "employment benefits"
means all benefits provided or made available to employees by
an employer, including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits are
provided by a practice or written policy of an employer or
through an "employee benefit plan", as defined in the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)).
(6) Health care provider. The term "health care provider"

HB4724 - 5 - LRB097 13739 AEK 61639 b
means:
(A) a doctor of medicine or osteopathy who is
authorized to practice medicine or surgery (as
appropriate) by the State in which the doctor practices; or
(B) any other person determined by the Director to be
capable of providing health care services.
(7) Parent. The term "parent" means the biological father
or mother, adoptive father or mother, stepfather or stepmother,
or foster father or mother of an employee or an individual who
stood in loco parentis to an employee when the employee was a
son or daughter.
(8) Person. The term "person" has the same meaning given
such term in Section 203(a) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(a)).
(9) Reduced leave schedule. The term "reduced leave
schedule" means a leave schedule that reduces the usual number
of hours per workweek, or hours per workday, of an employee.
(10) Director. The term "Director" means the Director of
Labor.
(11) Serious health condition. The term "serious health
condition" means an illness, injury, impairment, or physical or
mental condition that involves:
(A) inpatient care in a hospital, hospice, or
residential medical care facility; or
(B) continuing treatment by a health care provider.
(12) Son or daughter. The term "son or daughter" means a

HB4724 - 6 - LRB097 13739 AEK 61639 b
biological, adopted, or foster child, a stepchild, a legal
ward, or a child of a person standing in loco parentis, who is:
(A) under 18 years of age; or
(B) 18 years of age or older and incapable of self-care
because of a mental or physical disability.
(13) Spouse. The term "spouse" means a husband or wife, as
the case may be.
(14) Covered active duty. The term "covered active duty"
means:
(A) in the case of a member of a regular component of
the Armed Forces, duty during the deployment of the member
with the Armed Forces to a foreign country; and
(B) in the case of a member of a reserve component of
the Armed Forces, duty during the deployment of the member
with the Armed Forces to a foreign country under a call or
order to active duty under a provision of law referred to
in Section 101(a)(13)(B) of Title 10 of the United States
Code (10 U.S.C. 101(a)(13)(B)).
(15) Covered servicemember. The term "covered
servicemember" means:
(A) a member of the Armed Forces (including a member of
the National Guard or Reserves) who is undergoing medical
treatment, recuperation, or therapy, is otherwise in
outpatient status, or is otherwise on the temporary
disability retired list, for a serious injury or illness;
or

HB4724 - 7 - LRB097 13739 AEK 61639 b
(B) a veteran who is undergoing medical treatment,
recuperation, or therapy, for a serious injury or illness
and who was a member of the Armed Forces (including a
member of the National Guard or Reserves) at any time
during the period of 5 years preceding the date on which
the veteran undergoes that medical treatment,
recuperation, or therapy.
(16) Outpatient status. The term "outpatient status", with
respect to a covered servicemember, means the status of a
member of the Armed Forces assigned to:
(A) a military medical treatment facility as an
outpatient; or
(B) a unit established for the purpose of providing
command and control of members of the Armed Forces
receiving medical care as outpatients.
(17) Next of kin. The term "next of kin", used with respect
to an individual, means the nearest blood relative of that
individual.
(18) Serious injury or illness. The term "serious injury or
illness":
(A) in the case of a member of the Armed Forces
(including a member of the National Guard or Reserves),
means an injury or illness that was incurred by the member
in line of duty on active duty in the Armed Forces (or
existed before the beginning of the member's active duty
and was aggravated by service in line of duty on active

HB4724 - 8 - LRB097 13739 AEK 61639 b
duty in the Armed Forces) and that may render the member
medically unfit to perform the duties of the member's
office, grade, rank, or rating; and
(B) in the case of a veteran who was a member of the
Armed Forces (including a member of the National Guard or
Reserves) at any time during a period described in
paragraph (15)(B), means a qualifying (as defined by the
Secretary of Labor) injury or illness that was incurred by
the member in line of duty on active duty in the Armed
Forces (or existed before the beginning of the member's
active duty and was aggravated by service in line of duty
on active duty in the Armed Forces) and that manifested
itself before or after the member became a veteran.
(19) Veteran. The term "veteran" has the meaning given the
term in section 101 of Title 38 of the United States Code (38
U.S.C. 101).
Section 102. Leave requirement.
(a) In general.
(1) Entitlement to leave. Subject to Section 103, an
eligible employee shall be entitled to a total of 12
workweeks of leave during any 12-month period for one or
more of the following:
(A) Because of the birth of a son or daughter of
the employee and in order to care for such son or
daughter.

HB4724 - 9 - LRB097 13739 AEK 61639 b
(B) Because of the placement of a son or daughter
with the employee for adoption or foster care.
(C) In order to care for the spouse, or a son,
daughter, or parent, of the employee, if such spouse,
son, daughter, or parent has a serious health
condition.
(D) Because of a serious health condition that
makes the employee unable to perform the functions of
the position of such employee.
(E) Because of any qualifying exigency (as the
Director shall, by regulation, determine) arising out
of the fact that the spouse, or a son, daughter, or
parent of the employee is on covered active duty (or
has been notified of an impending call or order to
covered active duty) in the Armed Forces.
(2) Expiration of entitlement. The entitlement to
leave under subparagraphs (A) and (B) of paragraph (1) for
a birth or placement of a son or daughter shall expire at
the end of the 12-month period beginning on the date of
such birth or placement.
(3) Servicemember family leave. Subject to Section
103, an eligible employee who is the spouse, son, daughter,
parent, or next of kin of a covered servicemember shall be
entitled to a total of 26 workweeks of leave during a
12-month period to care for the servicemember. The leave
described in this paragraph shall only be available during

HB4724 - 10 - LRB097 13739 AEK 61639 b
a single 12-month period.
(4) Combined leave total. During the single 12-month
period described in paragraph (3), an eligible employee
shall be entitled to a combined total of 26 workweeks of
leave under paragraphs (1) and (3). Nothing in this
paragraph shall be construed to limit the availability of
leave under paragraph (1) during any other 12-month period.
(5) Calculation of leave for airline flight crews. The
Director may provide, by regulation, a method for
calculating the leave described in paragraph (1) with
respect to employees described in Section 101(2)(D).
(b) Leave taken intermittently or on a reduced leave
schedule.
(1) In general. Leave under subparagraph (A) or (B) of
subsection (a)(1) shall not be taken by an employee
intermittently or on a reduced leave schedule unless the
employee and the employer of the employee agree otherwise.
Subject to paragraph (2), subsection (e)(2), and
subsection (b)(5) or (f) (as appropriate) of Section 103,
leave under subparagraph (C) or (D) of subsection (a)(1) or
under subsection (a)(3) may be taken intermittently or on a
reduced leave schedule when medically necessary. Subject
to subsection (e)(3) and section 103(f), leave under
subsection (a)(1)(E) may be taken intermittently or on a
reduced leave schedule. The taking of leave intermittently
or on a reduced leave schedule pursuant to this paragraph

HB4724 - 11 - LRB097 13739 AEK 61639 b
shall not result in a reduction in the total amount of
leave to which the employee is entitled under subsection
(a) beyond the amount of leave actually taken.
(2) Alternative position. If an employee requests
intermittent leave, or leave on a reduced leave schedule,
under subparagraph (C) or (D) of subsection (a)(1) or under
subsection (a)(3), that is foreseeable based on planned
medical treatment, the employer may require such employee
to transfer temporarily to an available alternative
position offered by the employer for which the employee is
qualified and that:
(A) has equivalent pay and benefits; and
(B) better accommodates recurring periods of leave
than the regular employment position of the employee.
(c) Unpaid leave permitted. Except as provided in
subsection (d), leave granted under subsection (a) may consist
of unpaid leave. Where an employee is otherwise exempt under
regulations issued by the United States Secretary of Labor
pursuant to Section 213(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 213(a)(1)), the compliance of an employer
with this Article by providing unpaid leave shall not affect
the exempt status of the employee under such Section.
(d) Relationship to paid leave.
(1) Unpaid leave. If an employer provides paid leave
for fewer than 12 workweeks(or 26 workweeks in the case of
leave provided under subsection (a)(3)), the additional

HB4724 - 12 - LRB097 13739 AEK 61639 b
weeks of leave necessary to attain the 12 workweeks (or 26
workweeks, as appropriate) of leave required under this
subchapter may be provided without compensation.
(2) Substitution of paid leave.
(A) In general. An eligible employee may elect, or
an employer may require the employee, to substitute any
of the accrued paid vacation leave, personal leave, or
family leave of the employee for leave provided under
subparagraph (A), (B), or (C) of subsection (a)(1) for
any part of the 12-week period of such leave under such
subsection.
(B) Serious health condition. An eligible employee
may elect, or an employer may require the employee, to
substitute any of the accrued paid vacation leave,
personal leave, or medical or sick leave of the
employee for leave provided under subparagraph (C) or
(D) of subsection (a)(1) for any part of the 12-week
period of such leave under such subsection, except that
nothing in this Article shall require an employer to
provide paid sick leave or paid medical leave in any
situation in which such employer would not normally
provide any such paid leave. An eligible employee may
elect, or an employer may require the employee, to
substitute any of the accrued paid vacation leave,
personal leave, family leave, or medical or sick leave
of the employee for leave provided under subsection

HB4724 - 13 - LRB097 13739 AEK 61639 b
(a)(3) for any part of the 26-week period of such leave
under such subsection, except that nothing in this
subchapter requires an employer to provide paid sick
leave or paid medical leave in any situation in which
the employer would not normally provide any such paid
leave.
(e) Foreseeable leave.
(1) Requirement of notice. In any case in which the
necessity for leave under subparagraph (A) or (B) of
subsection (a)(1) is foreseeable based on an expected birth
or placement, the employee shall 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 under
such subparagraph, 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.
(2) Duties of employee. In any case in which the
necessity for leave under subparagraph (C) or (D) of
subsection (a)(1) is foreseeable based on planned medical
treatment, the employee:
(A) shall make a reasonable effort to schedule the
treatment so as not to disrupt unduly the operations of
the employer, subject to the approval of the health
care provider of the employee or the health care
provider of the son, daughter, spouse, parent, or
covered servicemember of the employee, as appropriate;

HB4724 - 14 - LRB097 13739 AEK 61639 b
and
(B) shall 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 under such
subparagraph, except that if the date of the treatment
requires leave to begin in less than 30 days, the
employee shall provide such notice as is practicable.
(3) Notice for leave due to covered active duty of
family member. In any case in which the necessity for leave
under subsection (a)(1)(E) is foreseeable, whether because
the spouse, or a son, daughter, or parent, of the employee
is on covered active duty, or because of notification of an
impending call or order to covered active duty, the
employee shall provide such notice to the employer as is
reasonable and practicable.
(f) Spouses employed by the same employer.
(1) In general. In any case in which a husband and wife
entitled to leave under subsection (a) are employed by the
same employer, the aggregate number of workweeks of leave
to which both may be entitled may be limited to 12
workweeks during any 12-month period described in
subsection (a)(3), if such leave is taken:
(A) under subparagraph (A) or (B) of subsection
(a)(1); or
(B) to care for a sick parent under subparagraph
(C) of such subsection.

HB4724 - 15 - LRB097 13739 AEK 61639 b
(2) Servicemember family leave.
(A) In general. The aggregate number of workweeks
of leave to which both that husband and wife may be
entitled under subsection (a) may be limited to 26
workweeks during the single 12-month period described
in subsection (a)(3) if the leave is:
(i) leave under subsection (a)(3); or
(ii) a combination of leave under subsection
(a)(3) and leave described in paragraph (1).
(B) Both limitations applicable. If the leave
taken by the husband and wife includes leave described
in paragraph (1), the limitation in paragraph (1) shall
apply to the leave described in paragraph (1).
Section 103. Certification.
(a) In general. An employer may require that a request for
leave under subparagraph (C) or (D) of paragraph (1) or
paragraph (3) of Section 102(a) be supported by a certification
issued by the health care provider of the eligible employee or
of the son, daughter, spouse, or parent of the employee, or of
the next of kin of an individual in the case of leave taken
under such paragraph (3), as appropriate. The employee shall
provide, in a timely manner, a copy of such certification to
the employer.
(b) Sufficient certification. Certification provided under
subsection (a) shall be sufficient if it states:

HB4724 - 16 - LRB097 13739 AEK 61639 b
(1) the date on which the serious health condition
commenced;
(2) the probable duration of the condition;
(3) the appropriate medical facts within the knowledge
of the health care provider regarding the condition;
(4)(A) for purposes of leave under Section
102(a)(1)(C), a statement that the eligible employee is
needed to care for the son, daughter, spouse, or parent and
an estimate of the amount of time that such employee is
needed to care for the son, daughter, spouse or parent; and
(B) for purposes of leave under Section 102(a)(1)(D), a
statement that the employee is unable to perform the
functions of the position of the employee;
(5) in the case of certification for intermittent
leave, or leave on a reduced leave schedule, for planned
medical treatment, the dates on which such treatment is
expected to be given and the duration of such treatment;
(6) in the case of certification for intermittent
leave, or leave on a reduced leave schedule, under Section
102(a)(1)(D), a statement of the medical necessity for the
intermittent leave or leave on a reduced leave schedule,
and the expected duration of the intermittent leave or
reduced leave schedule; and
(7) in the case of certification for intermittent
leave, or leave on a reduced leave schedule, under Section
102(a)(1)(C), a statement that the employee's intermittent

HB4724 - 17 - LRB097 13739 AEK 61639 b
leave or leave on a reduced leave schedule is necessary for
the care of the son, daughter, parent or spouse who has a
serious health condition, or will assist in their recovery,
and the expected duration and schedule of the intermittent
leave or reduced leave schedule.
(c) Second opinion.
(1) In general. In any case in which the employer has
reason to doubt the validity of the certification provided
under subsection (a) for leave under subparagraph (C) or
(D) of Section 102(a)(1), the employer may require, at the
expense of the employer, that the eligible employee obtain
the opinion of a second health care provider designated or
approved by the employer concerning any information
certified under subsection (b) for such leave.
(2) Limitation. A health care provider designated or
approved under paragraph (1) shall not be employed on a
regular basis by the employer.
(d) Resolution of conflicting opinions.
(1) In general. In any case in which the second opinion
described in subsection (c) differs from the opinion in the
original certification provided under subsection (a), the
employer may require, at the expense of the employer, that
the employee obtain the opinion of a third health care
provider designated or approved jointly by the employer and
the employee concerning the information certified under
subsection (b).

HB4724 - 18 - LRB097 13739 AEK 61639 b
(2) Finality. The opinion of the third health care
provider concerning the information certified under
subsection (b) shall be considered to be final and shall be
binding on the employer and the employee.
(e) Subsequent recertification. The employer may require
that the eligible employee obtain subsequent recertifications
on a reasonable basis.
(f) Certification related to covered active duty or call to
covered active duty. An employer may require that a request for
leave under Section 102(a)(1)(E) be supported by a
certification issued at such time and in such manner as the
Director may by regulation prescribe. If the Director issues a
regulation requiring such certification, the employee shall
provide, in a timely manner, a copy of such certification to
the employer.
Section 104. Employment and benefits protection.
(a) Restoration to position.
(1) In general. Except as provided in subsection (b),
any eligible employee who takes leave under Section 102 for
the intended purpose of the leave shall be entitled, on
return from such leave:
(A) to be restored by the employer to the position
of employment held by the employee when the leave
commenced; or
(B) to be restored to an equivalent position with

HB4724 - 19 - LRB097 13739 AEK 61639 b
equivalent employment benefits, pay, and other terms
and conditions of employment.
(2) Loss of benefits. The taking of leave under Section
102 shall not result in the loss of any employment benefit
accrued prior to the date on which the leave commenced.
(3) Limitations. Nothing in this Section shall be
construed to entitle any restored employee to:
(A) the accrual of any seniority or employment
benefits during any period of leave; or
(B) any right, benefit, or position of employment
other than any right, benefit, or position to which the
employee would have been entitled had the employee not
taken the leave.
(4) Certification. As a condition of restoration under
paragraph (1) for an employee who has taken leave under
Section 102(a)(1)(D), the employer may have a uniformly
applied practice or policy that requires each such employee
to receive certification from the health care provider of
the employee that the employee is able to resume work,
except that nothing in this paragraph shall supersede a
valid State or local law or a collective bargaining
agreement that governs the return to work of such
employees.
(5) Construction. Nothing in this subsection shall be
construed to prohibit an employer from requiring an
employee on leave under Section 102 to report periodically

HB4724 - 20 - LRB097 13739 AEK 61639 b
to the employer on the status and intention of the employee
to return to work.
(b) Exemption concerning certain highly compensated
employees.
(1) Denial of restoration. An employer may deny
restoration under subsection (a) to any eligible employee
described in paragraph (2) if:
(A) such denial is necessary to prevent
substantial and grievous economic injury to the
operations of the employer;
(B) the employer notifies the employee of the
intent of the employer to deny restoration on such
basis at the time the employer determines that such
injury would occur; and
(C) in any case in which the leave has commenced,
the employee elects not to return to employment after
receiving such notice.
(2) Affected employees. An eligible employee described
in paragraph (1) is a salaried eligible employee who is
among the highest paid 10 percent of the employees employed
by the employer within 75 miles of the facility at which
the employee is employed.
(c) Maintenance of health benefits.
(1) Coverage. Except as provided in paragraph (2),
during any period that an eligible employee takes leave
under Section 102, the employer shall maintain coverage

HB4724 - 21 - LRB097 13739 AEK 61639 b
under any "group health plan" (as defined in Section
5000(b)(1) of the Internal Revenue Code of 1986) for the
duration of such leave at the level and under the
conditions coverage would have been provided if the
employee had continued in employment continuously for the
duration of such leave.
(2) Failure to return from leave. The employer may
recover the premium that the employer paid for maintaining
coverage for the employee under such group health plan
during any period of unpaid leave under Section 102 if:
(A) the employee fails to return from leave under
Section 102 after the period of leave to which the
employee is entitled has expired; and
(B) the employee fails to return to work for a
reason other than:
(i) the continuation, recurrence, or onset of
a serious health condition that entitles the
employee to leave under subparagraph (C) or (D) of
Section 102(a)(1) or under Section 102(a)(3); or
(ii) other circumstances beyond the control of
the employee.
(3) Certification.
(A) Issuance. An employer may require that a claim
that an employee is unable to return to work because of
the continuation, recurrence, or onset of the serious
health condition described in paragraph (2)(B)(i) be

HB4724 - 22 - LRB097 13739 AEK 61639 b
supported by:
(i) a certification issued by the health care
provider of the son, daughter, spouse or parent of
the employee, as appropriate, in the case of an
employee unable to return to work because of a
condition specified in Section 102(a)(1)(C);
(ii) a certification issued by the health care
provider of the eligible employee, in the case of
an employee unable to return to work because of a
condition specified in Section 102(a)(1)(D); or
(iii) a certification issued by the health
care provider of the servicemember being cared for
by the employee, in the case of an employee unable
to return to work because of a condition specified
in Section 102(a)(3).
(B) Copy. The employee shall provide, in a timely
manner, a copy of such certification to the employer.
(C) Sufficiency of certification.
(i) Leave due to serious health condition of
employee. The certification described in
subparagraph (A)(ii) shall be sufficient if the
certification states that a serious health
condition prevented the employee from being able
to perform the functions of the position of the
employee on the date that the leave of the employee
expired.

HB4724 - 23 - LRB097 13739 AEK 61639 b
(ii) Leave due to serious health condition of
family member. The certification described in
subparagraph (A)(i) shall be sufficient if the
certification states that the employee is needed
to care for the son, daughter, spouse, or parent
who has a serious health condition on the date that
the leave of the employee expired.
Section 105. Prohibited Acts.
(a) Interference with rights.
(1) Exercise of rights. It shall be unlawful for any
employer to interfere with, restrain, or deny the exercise
of or the attempt to exercise, any right provided under
this Article.
(2) Discrimination. It shall be unlawful for any
employer to discharge or in any other manner discriminate
against any individual for opposing any practice made
unlawful by this Article.
(b) Interference with proceedings or inquiries. It shall be
unlawful for any person to discharge or in any other manner
discriminate against any individual because such individual:
(1) has filed any charge, or has instituted or caused
to be instituted any proceeding, under or related to this
Article;
(2) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any

HB4724 - 24 - LRB097 13739 AEK 61639 b
right provided under this Article; or
(3) has testified, or is about to testify, in any
inquiry or proceeding relating to any right provided under
this Article.
Section 106. Investigative authority.
(a) In general. To ensure compliance with the provisions of
this Article, or any rule or order issued under this Article,
the Director shall have, subject to subsection (c), the
authority to investigate complaints.
(b) Obligation to keep and preserve records. Any employer
shall make, keep, and preserve records pertaining to compliance
with this Article in accordance with rules adopted by the
Director.
(c) Required submissions generally limited to an annual
basis. The Director shall not under the authority of this
Section require any employer or any plan, fund, or program to
submit to the Director any books or records more than once
during any 12-month period, unless the Director has reasonable
cause to believe there may exist a violation of this Article or
any rule or order issued pursuant to this Article, or is
investigating a charge pursuant to Section 107(b).
(d) Subpoena powers. For the purposes of any investigation
provided for in this Section, the Director shall have the
authority to issue subpoenas.

HB4724 - 25 - LRB097 13739 AEK 61639 b
Section 107. Enforcement.
(a) Civil action by employees.
(1) Liability. Any employer who violates Section 105
shall be liable to any eligible employee affected:
(A) for damages equal to:
(i) the amount of:
(I) any wages, salary, employment
benefits, or other compensation denied or lost
to such employee by reason of the violation; or
(II) in a case in which wages, salary,
employment benefits, or other compensation
have not been denied or lost to the employee,
any actual monetary losses sustained by the
employee as a direct result of the violation,
such as the cost of providing care, up to a sum
equal to 12 weeks (or 26 weeks, in a case
involving leave under Section 102(a)(3)) of
wages or salary for the employee;
(ii) the interest on the amount described in
clause (i) calculated at the rate of interest on
judgments set forth in Section 2-1303 of the Code
of Civil Procedure; and
(iii) an additional amount as liquidated
damages equal to the sum of the amount described in
clause (i) and the interest described in clause
(ii), except that if an employer who has violated

HB4724 - 26 - LRB097 13739 AEK 61639 b
Section 105 proves to the satisfaction of the court
that the act or omission which violated Section 105
was in good faith and that the employer had
reasonable grounds for believing that the act or
omission was not a violation of Section 105, such
court may, in the discretion of the court, reduce
the amount of the liability to the amount and
interest determined under clauses (i) and (ii),
respectively; and
(B) for such equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(2) Right of action. An action to recover the damages
or equitable relief prescribed in paragraph (1) may be
maintained against any employer (including a public
agency) in the circuit court by any one or more employees
for and in behalf of:
(A) the employees; or
(B) the employees and other employees similarly
situated.
(3) Fees and costs. The court in such an action shall,
in addition to any judgment awarded to the plaintiff, allow
a reasonable attorney's fee, reasonable expert witness
fees, and other costs of the action to be paid by the
defendant.
(4) Limitations. The right provided by paragraph (2) to

HB4724 - 27 - LRB097 13739 AEK 61639 b
bring an action by or on behalf of any employee shall
terminate:
(A) on the filing of a complaint by the Director in
an action under subsection (d) in which restraint is
sought of any further delay in the payment of the
amount described in paragraph (1)(A) to such employee
by an employer responsible under paragraph (1) for the
payment; or
(B) on the filing of a complaint by the Director in
an action under subsection (b) in which a recovery is
sought of the damages described in paragraph (1)(A)
owing to an eligible employee by an employer liable
under paragraph (1), unless the action described in
subparagraph (A) or (B) is dismissed without prejudice
on motion of the Director.
(b) Action by the Director.
(1) Administrative action. The Director shall receive,
investigate, and attempt to resolve complaints of
violations of Section 105.
(2) Civil action. The Director may bring an action in
the circuit court to recover the damages described in
subsection (a)(1)(A).
(3) Sums recovered. Any sums recovered by the Director
pursuant to paragraph (2) shall be held in a special
deposit account and shall be paid, on order of the
Director, directly to each employee affected. Any such sums

HB4724 - 28 - LRB097 13739 AEK 61639 b
not paid to an employee because of inability to do so
within a period of 3 years shall be deposited into the
General Revenue Fund.
(c) Limitation.
(1) In general. Except as provided in paragraph (2), an
action may be brought under this Section not later than 2
years after the date of the last event constituting the
alleged violation for which the action is brought.
(2) Willful violation. In the case of such action
brought for a willful violation of Section 105, such action
may be brought within 3 years of the date of the last event
constituting the alleged violation for which such action is
brought.
(3) Commencement. In determining when an action is
commenced by the Director under this Section for the
purposes of this subsection, it shall be considered to be
commenced on the date when the complaint is filed.
(d) Action for injunction by Director. The circuit court
shall have jurisdiction, for cause shown, in an action brought
by the Director:
(1) to restrain violations of Section 105, including
the restraint of any withholding of payment of wages,
salary, employment benefits, or other compensation, plus
interest, found by the court to be due to eligible
employees; or
(2) to award such other equitable relief as may be

HB4724 - 29 - LRB097 13739 AEK 61639 b
appropriate, including employment, reinstatement, and
promotion.
Section 108. Special rules concerning employees of local
educational agencies.
(a) Application.
(1) In general. Except as otherwise provided in this
Section, the rights (including the rights under Section
104, which shall extend throughout the period of leave of
any employee under this Section), remedies, and procedures
under this Article shall apply to:
(A) any "local educational agency" (as defined in
Section 1471(12) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2891(12)) and an
eligible employee of the agency; and
(B) any private elementary or secondary school and
an eligible employee of the school.
(2) Definitions. For purposes of the application
described in paragraph (1):
(A) Eligible employee. The term "eligible
employee" means an eligible employee of an agency or
school described in paragraph (1).
(B) Employer. The term "employer" means an agency
or school described in paragraph (1).
(b) (Blank).
(c) Intermittent leave or leave on a reduced schedule for

HB4724 - 30 - LRB097 13739 AEK 61639 b
instructional employees.
(1) In general. Subject to paragraph (2), in any case
in which an eligible employee employed principally in an
instructional capacity by any such educational agency or
school requests leave under subparagraph (C) or (D) of
Section 102(a)(1) or under Section 102(a)(3) that is
foreseeable based on planned medical treatment and the
employee would be on leave for greater than 20 percent of
the total number of working days in the period during which
the leave would extend, the agency or school may require
that such employee elect either:
(A) to take leave for periods of a particular
duration, not to exceed the duration of the planned
medical treatment; or
(B) to transfer temporarily to an available
alternative position offered by the employer for which
the employee is qualified, and that:
(i) has equivalent pay and benefits; and
(ii) better accommodates recurring periods of
leave than the regular employment position of the
employee.
(2) Application. The elections described in
subparagraphs (A) and (B) of paragraph (1) shall apply only
with respect to an eligible employee who complies with
Section 102(e)(2).
(d) Rules applicable to periods near the conclusion of an

HB4724 - 31 - LRB097 13739 AEK 61639 b
academic term. The following rules shall apply with respect to
periods of leave near the conclusion of an academic term in the
case of any eligible employee employed principally in an
instructional capacity by any such educational agency or
school:
(1) Leave more than 5 weeks prior to end of term. If
the eligible employee begins leave under Section 102 more
than 5 weeks prior to the end of the academic term, the
agency or school may require the employee to continue
taking leave until the end of such term, if:
(A) the leave is of at least 3 weeks duration; and
(B) the return to employment would occur during the
3-week period before the end of such term.
(2) Leave less than 5 weeks prior to end of term. If
the eligible employee begins leave under subparagraph (A),
(B), or (C) of Section 102(a)(1) or under Section 102(a)3
during the period that commences 5 weeks prior to the end
of the academic term, the agency or school may require the
employee to continue taking leave until the end of such
term, if:
(A) the leave is of greater than 2 weeks duration;
and
(B) the return to employment would occur during the
2-week period before the end of such term.
(3) Leave less than 3 weeks prior to end of term. If
the eligible employee begins leave under subparagraph (A),

HB4724 - 32 - LRB097 13739 AEK 61639 b
(B), or (C) of Section 102(a)(1) or under Section 102(a)3
during the period that commences 3 weeks prior to the end
of the academic term and the duration of the leave is
greater than 5 working days, the agency or school may
require the employee to continue to take leave until the
end of such term.
(e) Restoration to equivalent employment position. For
purposes of determinations under Section 104(a)(1)(B)
(relating to the restoration of an eligible employee to an
equivalent position), in the case of a local educational agency
or a private elementary or secondary school, such determination
shall be made on the basis of established school board policies
and practices, private school policies and practices, and
collective bargaining agreements.
(f) Reduction of the amount of liability. If a local
educational agency or a private elementary or secondary school
that has violated this Article proves to the satisfaction of
the court that the agency, school, or department had reasonable
grounds for believing that the underlying act or omission was
not a violation of this Article, such court may, in the
discretion of the court, reduce the amount of the liability
provided for under Section 107(a)(1)(A) to the amount and
interest determined under clauses (i) and (ii), respectively,
of such Section.
Section 109. Notice.

HB4724 - 33 - LRB097 13739 AEK 61639 b
(a) In general. Each employer shall post and keep posted,
in conspicuous places on the premises of the employer where
notices to employees and applicants for employment are
customarily posted, a notice, to be prepared or approved by the
Director, setting forth excerpts from, or summaries of, the
pertinent provisions of this Article and information
pertaining to the filing of a charge.
(b) Penalty. Any employer that willfully violates this
Section may be assessed a civil money penalty not to exceed
$100 for each separate offense.
ARTICLE II. (BLANK)
ARTICLE III. (BLANK)
ARTICLE IV. MISCELLANEOUS PROVISIONS
Section 401. Effect on other laws.
(a) State antidiscrimination laws. Nothing in this Act
shall be construed to modify or affect any State law
prohibiting discrimination on the basis of race, religion,
color, national origin, sex, age, or disability.
(b) State and local laws. Nothing in this Act shall be
construed to supersede any provision of any State or local law
that provides greater family or medical leave rights than the
rights established under this Act.

HB4724 - 34 - LRB097 13739 AEK 61639 b
Section 402. Effect on existing employment benefits.
(a) More protective. Nothing in this Act shall be construed
to diminish the obligation of an employer to comply with any
collective bargaining agreement or any employment benefit
program or plan that provides greater family or medical leave
rights to employees than the rights established under this Act.
(b) Less protective. The rights established for employees
under this Act shall not be diminished by any collective
bargaining agreement or any employment benefit program or plan.
Section 403. Encouragement of more generous leave
policies. Nothing in this Act shall be construed to discourage
employers from adopting or retaining leave policies more
generous than any policies that comply with the requirements
under this Act.
Section 404. Rules. The Director shall prescribe such
rules as are necessary to carry out this Act not later than 120
days after the effective date of this Act.
Section 404.1. Applicability; coordination.
(1) In the case of a collective bargaining agreement in
effect on the effective date of this Act, Article I shall apply
on the earlier of:
(A) the date of the termination of such agreement; or

HB4724 - 35 - LRB097 13739 AEK 61639 b
(B) the date that occurs 12 months after the effective
date of this Act.
(2) Nothing in this Act shall be construed to limit the
applicability of the federal Family and Medical Leave Act of
1993 with regard to employers and employees covered by that
Act.
(3) In the case of leave that is subject to the federal
Family and Medical Leave Act of 1993:
(A) the 12-month period during which 12 workweeks (or
26 weeks, in a case involving leave under Section
102(a)(3)) of leave may be taken under this Act shall run
concurrently with the 12-month period under the federal
Family and Medical Leave Act of 1993, and shall commence
the date leave taken under the federal Family and Medical
Leave Act of 1993 commences; and
(B) leave taken under this Act shall run concurrently
with leave taken under the federal Family and Medical Leave
Act of 1993.
(4) The aggregate amount of leave taken under this Act or
the federal Family and Medical Leave Act of 1993, or both,
shall not exceed 12 workweeks (or 26 weeks, in a case involving
leave under Section 102(a)(3)) in a 12-month period.