Bill Text: IL HB5029 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Creates the Family and Medical Leave Insurance Program Act. Requires the Department of Employment Security to establish and administer a Family Leave Insurance Program that provides family leave insurance benefits to eligible employees. Sets forth eligibility requirements for benefits under the Act. 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. Provides phase-in periods for the collection of money and making of claims for benefits under the Act. Effective January 1, 2023.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB5029 Detail]
Download: Illinois-2021-HB5029-Introduced.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Family | |||||||||||||||||||||
5 | and Medical Leave Insurance Act.
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6 | Section 5. Declaration of policy and intent. Many workers | |||||||||||||||||||||
7 | do not have access to family and medical leave programs, those | |||||||||||||||||||||
8 | who do may not be in a financial position to take family or | |||||||||||||||||||||
9 | medical leave that is unpaid, and employer-paid benefits meet | |||||||||||||||||||||
10 | only a relatively small part of this need. It is the public | |||||||||||||||||||||
11 | policy of this State to protect working individuals and their | |||||||||||||||||||||
12 | families against the economic hardship caused by the need to | |||||||||||||||||||||
13 | take time off from work to care for themselves or family | |||||||||||||||||||||
14 | members who are suffering from a serious illness, for a | |||||||||||||||||||||
15 | newborn or a newly adopted or foster child, for pregnancy and | |||||||||||||||||||||
16 | related conditions, for the health and caregiving needs of | |||||||||||||||||||||
17 | military families, or to cope with domestic and sexual | |||||||||||||||||||||
18 | violence. | |||||||||||||||||||||
19 | The disparities for access to and the need for leave cut | |||||||||||||||||||||
20 | across income and other demographics. Higher income workers | |||||||||||||||||||||
21 | have greater access to paid leave than lower income workers; | |||||||||||||||||||||
22 | women workers have higher rates of unmet need for leave than | |||||||||||||||||||||
23 | men; Black, Asian American, Pacific Islander, and Native |
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1 | American workers have higher rates of unmet need for leave | ||||||
2 | than white workers; and Hispanic workers are less likely than | ||||||
3 | non-Hispanic workers to have access to paid leave in the first | ||||||
4 | place. | ||||||
5 | Moreover, in 73% of all Illinois households with children, | ||||||
6 | more than 2,000,000 homes, all parents have paying jobs. | ||||||
7 | Illinois mothers are key family breadwinners in 84% of black | ||||||
8 | families, 49% of Latinx families, and 48% of white families. | ||||||
9 | While women make up half of the workforce, they are | ||||||
10 | responsible for the majority of unpaid family household and | ||||||
11 | care work, which has a significant impact on their health and | ||||||
12 | well-being. Maintaining an attachment to the workforce is | ||||||
13 | vital to women's economic stability; an employment gap of just | ||||||
14 | one year leads to a 39% decrease in annual earnings, and that | ||||||
15 | disparity increases over time. With the demographic shift | ||||||
16 | toward an aging population, the need for family caregiving | ||||||
17 | continues to grow. In less than 15 years, the share of the | ||||||
18 | State's population of individuals aged 65 and over will grow | ||||||
19 | by one-third. If any of these women take unpaid leave, her | ||||||
20 | whole family, and Illinois, suffers. | ||||||
21 | The United States is the only industrialized nation in the | ||||||
22 | world that does not have a mandatory workplace-based program | ||||||
23 | for such income support. The negative economic impact on | ||||||
24 | families and our economy is real. A U.S. Department of Labor | ||||||
25 | report indicates if women participated in the labor force at | ||||||
26 | the same rate as women in countries with paid leave, our |
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1 | economy would benefit from more than $500 billion in | ||||||
2 | additional economic activity. | ||||||
3 | The majority of Illinois small business owners and | ||||||
4 | entrepreneurs support a State-administered paid family and | ||||||
5 | medical leave program as it ensures economic security, | ||||||
6 | strengthens business recruitment and retention of employees, | ||||||
7 | and mitigates the loss of income for small business owners, | ||||||
8 | which comprise over 90% of businesses in the United States, | ||||||
9 | including the self-employed and businesses with under 10 | ||||||
10 | employees. | ||||||
11 | It is therefore desirable and necessary to develop systems | ||||||
12 | that help individuals and families adapt to the competing | ||||||
13 | interests of work and home, which not only benefit workers, | ||||||
14 | but also benefit employers by reducing employee turnover and | ||||||
15 | increasing worker productivity. | ||||||
16 | It is the intent of the General Assembly to create a family | ||||||
17 | and medical leave program to relieve the serious menace to | ||||||
18 | health, morals, and welfare of Illinois families, to increase | ||||||
19 | workplace productivity, and to alleviate the enormous and | ||||||
20 | growing stress on working families of balancing the demands of | ||||||
21 | work and family needs. It is the intent of the General Assembly | ||||||
22 | that this Act shall be liberally construed in favor of | ||||||
23 | providing workers with the greatest amount of paid family and | ||||||
24 | medical leave coverage, benefits, and employment security.
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25 | Section 10. Definitions. In this Act: |
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1 | (1) "Average weekly wage" means the amount derived by | ||||||
2 | dividing by 12 an employee's total earnings, including wages, | ||||||
3 | gratuities, bonuses, commissions, and any other compensation | ||||||
4 | that constitutes remuneration, earned during the quarter with | ||||||
5 | the highest earnings in the applicable benefit year, or the | ||||||
6 | amount derived by dividing by 12 an employee's total earnings, | ||||||
7 | including wages, gratuities, bonuses, commissions, and any | ||||||
8 | other compensation that constitutes remuneration, to fulfill a | ||||||
9 | contract for a covered business entity, earned in the quarter | ||||||
10 | with the highest earnings in the applicable benefit year, or | ||||||
11 | for individuals not currently employed or under contract, the | ||||||
12 | amount derived by dividing by 12 of an individual's total | ||||||
13 | earnings, including wages, gratuities, bonuses, commissions, | ||||||
14 | and any other compensation that constitutes remuneration, | ||||||
15 | earned during the quarter with the highest earnings earned in | ||||||
16 | the 4 quarters prior to the last day of employment or end of | ||||||
17 | contract. | ||||||
18 | (2) "Benefit year" means the period of 52 consecutive | ||||||
19 | weeks beginning on the Sunday immediately preceding the first | ||||||
20 | day that family and medical leave under this Act commences for | ||||||
21 | the covered individual. | ||||||
22 | (3) "Care" includes, but is not limited to, physical or | ||||||
23 | psychological care, emotional support, visitation, arranging | ||||||
24 | for care or a change in care, assistance with essential daily | ||||||
25 | living matters, and personal attendant services. | ||||||
26 | (4) "Child" means a biological, adopted, or foster child, |
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1 | a stepchild, grandchild, or legal ward, or a child for whom an | ||||||
2 | employee stands in loco parentis, a person to whom the | ||||||
3 | employee stood in loco parentis when the person was a minor | ||||||
4 | child, a child of the spouse of an employee, or a child of a | ||||||
5 | party to a civil union or legal guardianship, or any other | ||||||
6 | individual whose close association with the employee is the | ||||||
7 | equivalent of a child as determined by the employee, | ||||||
8 | regardless of age or dependency status. | ||||||
9 | (5) "Civil union" means a civil union as defined in the | ||||||
10 | Illinois Religious Freedom Protection and Civil Union Act. | ||||||
11 | (6) "Consecutive leave" means leave that is taken without | ||||||
12 | interruption based upon an employee's regular work schedule or | ||||||
13 | contract and does not include breaks in employment in which an | ||||||
14 | employee is not regularly scheduled to work. For example, when | ||||||
15 | an employee is normally scheduled to work from September | ||||||
16 | through June and is not scheduled to work during July and | ||||||
17 | August, a leave taken continuously during May, June, and | ||||||
18 | September shall be considered a consecutive leave. | ||||||
19 | (7) "Contributions" or "premiums" means the payments made | ||||||
20 | by an employer, a covered business entity, or a self-employed | ||||||
21 | individual to the Family and Medical Leave Insurance Fund, as | ||||||
22 | required by this Act. | ||||||
23 | (8) "Covered business entity" means a business or trade | ||||||
24 | that contracts with one or more individuals for services and | ||||||
25 | is required to report the payment of services to such | ||||||
26 | individuals on IRS Form 1099-MISC or IRS Form 1099-K for more |
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1 | than 25% of its Illinois workforce. Such individuals are | ||||||
2 | included in the covered business entity's workforce if the | ||||||
3 | contracts for services include, but are not limited to, oral | ||||||
4 | or written contracts, and services arranged through | ||||||
5 | application software designed to run on smartphones and other | ||||||
6 | mobile devices and software designed to run inside a web | ||||||
7 | browser. Covered business entities and individuals who | ||||||
8 | contract for services with covered business entities are | ||||||
9 | considered employers or employees where the context dictates. | ||||||
10 | (9) "Covered individual" means either: | ||||||
11 | (A) an individual who is or has been employed by any | ||||||
12 | combination of employers in the State of Illinois and | ||||||
13 | meets the financial eligibility requirements of subsection | ||||||
14 | (f) of Section 20; | ||||||
15 | (B) a self-employed individual who has: (i) elected | ||||||
16 | coverage under Section 25 and (ii) reported earnings to | ||||||
17 | the Illinois Department of Revenue from self-employment | ||||||
18 | that meet the financial eligibility requirements of | ||||||
19 | subsection (f) of Section 20, as if the individual were an | ||||||
20 | employee; | ||||||
21 | (C) an individual who contracts for services with a | ||||||
22 | covered business entity; | ||||||
23 | (D) a domestic worker; or | ||||||
24 | (E) a former employee, self-employed individual, | ||||||
25 | individual who contracts for services with a covered | ||||||
26 | business entity, or a domestic worker, and has: |
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1 | (i) met the financial eligibility requirements of | ||||||
2 | subsection (f) of Section 20 at the time of separation | ||||||
3 | from employment or the end of a contract; and | ||||||
4 | (ii) been separated from employment or the end of | ||||||
5 | a contract for not more than 52 weeks at the start of | ||||||
6 | the family or medical leave taken by the former | ||||||
7 | employee, self-employed individual, individual who | ||||||
8 | contracts for services with a covered business entity, | ||||||
9 | or is a domestic worker. | ||||||
10 | A covered individual is considered to be employed in the | ||||||
11 | State of Illinois if: (i) the individual works in Illinois; | ||||||
12 | (ii) the individual performs some work in Illinois and the | ||||||
13 | employer's base of operations or the place from which the work | ||||||
14 | is directed and controlled is in Illinois; or (iii) the base of | ||||||
15 | operations or place from which the work is directed or | ||||||
16 | controlled is not in any state in which some part of the work | ||||||
17 | is performed, but the individual's residence is in this State. | ||||||
18 | (10) "Department" means the Department of Employment | ||||||
19 | Security. | ||||||
20 | (11) "Director" means the Director of Employment Security | ||||||
21 | and any transaction or exercise of authority by the Director | ||||||
22 | shall be deemed to be performed by the Department. | ||||||
23 | (12) "Domestic or sexual violence" means domestic | ||||||
24 | violence, sexual assault, or stalking. | ||||||
25 | (13) "Domestic violence" means abuse, as defined in | ||||||
26 | Section 103 of the Illinois Domestic Violence Act of 1986, by a |
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1 | family or household member, as defined in Section 103 of the | ||||||
2 | Illinois Domestic Violence Act of 1986, or as defined in this | ||||||
3 | Act. | ||||||
4 | (14) "Domestic worker" has the meaning set forth in | ||||||
5 | Section 10 of the Domestic Workers' Bill of Rights. "Domestic | ||||||
6 | worker" also includes independent contractors, sole | ||||||
7 | proprietors, and partnerships who engage in "domestic work", | ||||||
8 | as defined in Section 10 of the Domestic Workers' Bill of | ||||||
9 | Rights Act. | ||||||
10 | (14) "Employ" means to suffer or permit to work. | ||||||
11 | (15) "Employee" means any individual or person who works | ||||||
12 | for an employer for wage, remuneration, or other compensation, | ||||||
13 | and works any number of hours, whether full-time or part-time | ||||||
14 | or on a temporary or contingent basis, and any individual who | ||||||
15 | contracts for services with a covered business entity or is a | ||||||
16 | domestic worker. Except for individuals or persons that | ||||||
17 | contract for services with a covered business entity or | ||||||
18 | domestic workers who contract for services, "employee" does | ||||||
19 | not include any individual: | ||||||
20 | (A) who has been and will continue to be free from | ||||||
21 | control and direction over the performance of the | ||||||
22 | individual's work, both under the individual's contract of | ||||||
23 | service with the individual's employer and in fact; and | ||||||
24 | (B) who performs work which is either outside the | ||||||
25 | usual course of business or is performed outside all of | ||||||
26 | the places of business of the employer unless the employer |
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1 | is in the business of contracting with third parties for | ||||||
2 | the placement of employees; and | ||||||
3 | (C) who is in an independently established trade, | ||||||
4 | occupation, profession or business. | ||||||
5 | (16) "Employer" means any individual, person, partnership, | ||||||
6 | association, limited liability company, trust, estate, | ||||||
7 | joint-stock company, insurance company, employment and labor | ||||||
8 | placement agency, or business where wages are made directly or | ||||||
9 | indirectly by the agency or business for work undertaken by | ||||||
10 | the employee under hire to a third party pursuant to a contract | ||||||
11 | between the agency or business with the third party, or | ||||||
12 | corporation, whether domestic or foreign, or the receiver, | ||||||
13 | trustee in bankruptcy, trustee, or person that has in its | ||||||
14 | employ one or more employees performing services for it. | ||||||
15 | "Employer" also includes any employer subject to the | ||||||
16 | Unemployment Insurance Act and any business or trade defined | ||||||
17 | as a covered business entity in this Act. All employees | ||||||
18 | performing services within this State for any employing unit | ||||||
19 | that maintains 2 or more separate establishments within this | ||||||
20 | State shall be deemed to be employed by a single employing unit | ||||||
21 | for all purposes of this Act. | ||||||
22 | (17) "Employment benefits" means all benefits provided or | ||||||
23 | made available to employees by an employer, including, but not | ||||||
24 | limited to, life insurance, health insurance, disability | ||||||
25 | insurance, sick leave, annual or vacation leave, paid time | ||||||
26 | off, educational benefits, and pensions. |
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1 | (18) "Family member" means an employee's child, spouse or | ||||||
2 | party to a civil union or legal guardianship, parent, | ||||||
3 | grandparent, grandchild, sibling, or any other individual | ||||||
4 | related by blood, marriage, or civil union, or whose close | ||||||
5 | relationship with the employee is the equivalent of a family | ||||||
6 | relationship as determined by the employee. | ||||||
7 | (19) "Family and medical leave" means leave taken by a | ||||||
8 | covered individual: | ||||||
9 | (A) to participate in the providing of care for a | ||||||
10 | family member of the covered individual made necessary by | ||||||
11 | a serious health condition of the family member; | ||||||
12 | (B) to be with a child during the first 12 months after | ||||||
13 | the child's birth, the first 12 months after the placement | ||||||
14 | of the child for adoption or foster care, the first 12 | ||||||
15 | months after the child becomes a legal ward, or the first | ||||||
16 | 12 months after in loco parentis status of the child is | ||||||
17 | acquired; | ||||||
18 | (C) for the covered individual's own serious health | ||||||
19 | condition, including, but not limited to, conditions in | ||||||
20 | connection with pregnancy, recovery from childbirth, | ||||||
21 | related conditions even though the covered individual does | ||||||
22 | not receive treatment from a health care provider during | ||||||
23 | the absence, including, but not limited to, absence due to | ||||||
24 | morning sickness, a physical limitation arising from | ||||||
25 | pregnancy, or exposure to chemicals or hazardous material | ||||||
26 | that may be harmful, or any related condition; |
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1 | (D) because of any qualifying exigency arising out of | ||||||
2 | the fact that a family member is on active duty (or has | ||||||
3 | been notified of an impending call or order to active | ||||||
4 | duty) in the Armed Forces of the United States; | ||||||
5 | (E) because the covered individual's or the covered | ||||||
6 | individual's family member is the victim of domestic or | ||||||
7 | sexual violence and the covered individual requests leave | ||||||
8 | because the victim is: (i) experiencing or has experienced | ||||||
9 | an incident of or ongoing domestic or sexual violence; | ||||||
10 | (ii) seeking medical attention for, or recovering from, | ||||||
11 | physical, emotional, or psychological injuries caused by | ||||||
12 | domestic or sexual violence; (iii) obtaining services from | ||||||
13 | a victim services organization; (iv) obtaining | ||||||
14 | psychological or other counseling; (v) participating in | ||||||
15 | safety planning, temporarily or permanently relocating, or | ||||||
16 | taking other actions to increase the safety of the victim | ||||||
17 | or the victim's family members from future domestic or | ||||||
18 | sexual violence to ensure safety or economic security; or | ||||||
19 | (vi) seeking legal assistance or remedies to ensure the | ||||||
20 | health and safety of the victim or the victim's family | ||||||
21 | members, including preparing for or participating in any | ||||||
22 | civil or criminal legal proceeding related to or derived | ||||||
23 | from domestic or sexual violence; | ||||||
24 | (F) when a public health emergency or other disaster, | ||||||
25 | as defined in the Disaster Relief Act or Section 11 of the | ||||||
26 | Illinois Emergency Management Agency Act, has been |
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1 | declared by a municipal, State, or federal official, and | ||||||
2 | until 10 weeks following the official termination or | ||||||
3 | suspension of the public health emergency or other | ||||||
4 | disaster, leave under this Act shall be implemented.
Such | ||||||
5 | leave shall be provided for any reason related to a public | ||||||
6 | health emergency or other disaster, including, but not | ||||||
7 | limited to: | ||||||
8 | (i) the covered individual is subject to an | ||||||
9 | individual or general federal, State, or local | ||||||
10 | quarantine or isolation order related to a public | ||||||
11 | health emergency or other disaster; | ||||||
12 | (ii) the covered individual has been advised by a | ||||||
13 | health care provider to self-quarantine, or is | ||||||
14 | otherwise under quarantine, including self-imposed | ||||||
15 | quarantine, due to concerns related to a public health | ||||||
16 | emergency or other disaster; | ||||||
17 | (iii) the employee is experiencing symptoms | ||||||
18 | related to a public health emergency or other disaster | ||||||
19 | and is seeking a medical diagnosis; | ||||||
20 | (iv) the covered individual is seeking preventive | ||||||
21 | care or other care or treatment related to a public | ||||||
22 | health emergency or other disaster; | ||||||
23 | (v) the covered individual is caring for a family | ||||||
24 | member who is subject to an order described in clause | ||||||
25 | (i), has been advised as described in clause (ii), is | ||||||
26 | experiencing symptoms or seeking preventive care as |
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1 | described in clause (iii) or clause (iv), or whose | ||||||
2 | caregiving facility or caregiver is partially or | ||||||
3 | completely unavailable due to precautions related to a | ||||||
4 | public health emergency or other disaster; | ||||||
5 | (vi) the covered individual is caring for a child | ||||||
6 | of such covered individual if the school or place of | ||||||
7 | the care of the child has been partially or completely | ||||||
8 | closed, or the child care provider of such child is | ||||||
9 | partially or completely unavailable due to precautions | ||||||
10 | related to a public health emergency or other | ||||||
11 | disaster, including when the school or place of care | ||||||
12 | is (I) is physically closed but providing virtual | ||||||
13 | learning instruction; (II) requires or makes optional | ||||||
14 | virtual learning instruction; or (III) requires or | ||||||
15 | makes available a hybrid of in-person and virtual | ||||||
16 | learning instruction models; | ||||||
17 | (vii) the covered individual is experiencing any | ||||||
18 | other substantially similar condition specified by a | ||||||
19 | federal, State, or local government public health or | ||||||
20 | other official; | ||||||
21 | (viii) the covered individual's hours of work have | ||||||
22 | been reduced, the covered individual has been | ||||||
23 | furloughed, the covered individual has been terminated | ||||||
24 | from employment, or the covered individual's contract | ||||||
25 | for services has terminated; or | ||||||
26 | (ix) the employer is not following the recommended |
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1 | health and safety guidance issued by a federal, State, | ||||||
2 | or local public official related to a public health | ||||||
3 | emergency or other disaster; or
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4 | (G) To care for a child if the child's school or place | ||||||
5 | of care has been partially or completely closed or if the | ||||||
6 | childcare provider is partially or completely unavailable | ||||||
7 | to provide for the child's well-being. | ||||||
8 | "Family and medical leave" does not include any period of | ||||||
9 | time during which a covered individual is paid benefits | ||||||
10 | pursuant to the Workers' Compensation Act because the covered | ||||||
11 | individual is unable to perform the duties of the covered | ||||||
12 | individual's employment due to the covered individual's own | ||||||
13 | disability or paid benefits pursuant to the Unemployment | ||||||
14 | Insurance Act. | ||||||
15 | (20) "Family and medical leave benefits" means any | ||||||
16 | payments that are payable to an individual for all or part of a | ||||||
17 | period of family and medical leave. | ||||||
18 | (21) "Health care provider" means any person licensed | ||||||
19 | under federal, State, or local law, or the laws of a foreign | ||||||
20 | nation, to provide health care services, any other person who | ||||||
21 | has been authorized to provide health care by a licensed | ||||||
22 | health care provider, or any other individual determined by | ||||||
23 | the Department to be capable of providing health care | ||||||
24 | services. | ||||||
25 | (22) "Intermittent leave" means a nonconsecutive leave | ||||||
26 | consisting of intervals, each of which is at least one day |
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1 | within a consecutive 12-month period. | ||||||
2 | (23) "Parent" means a biological parent, foster parent, | ||||||
3 | adoptive parent, stepparent, or parent-in-law of the covered | ||||||
4 | individual or a person who is or was a legal guardian of, or | ||||||
5 | who stood in loco parentis to, the covered individual when the | ||||||
6 | covered individual was a child, or any other individual whose | ||||||
7 | close association with the covered individual is the | ||||||
8 | equivalent of a parent as determined by the covered | ||||||
9 | individual. | ||||||
10 | (24) "Placement for adoption" means the time when a | ||||||
11 | covered individual adopts a child or becomes responsible for a | ||||||
12 | child pending adoption by the covered individual or the | ||||||
13 | covered individual's family member. | ||||||
14 | (25) "Qualifying exigency" means a need arising out of a | ||||||
15 | covered individual's family member's active duty service or | ||||||
16 | notice of an impending call or order to active duty in the | ||||||
17 | Armed Forces, including, but not limited to, providing for the | ||||||
18 | care or other needs of the military member's family member, | ||||||
19 | making financial or legal arrangements for the military | ||||||
20 | member, attending counseling, attending military events or | ||||||
21 | ceremonies, spending time with the military member during a | ||||||
22 | rest and recuperation leave or following return from | ||||||
23 | deployment or making arrangements following the death of the | ||||||
24 | military member. "Armed Forces" includes the Army, Navy, Air | ||||||
25 | Force, Marine Corps, Coast Guard, and National Guard or | ||||||
26 | Reserves. |
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1 | (26) "Self-employed individual" means a sole proprietor | ||||||
2 | that meets the specifications under the definition of the term | ||||||
3 | "employee", a member of a limited liability company or limited | ||||||
4 | liability partnership, or an individual who resides in | ||||||
5 | Illinois and whose net profit or loss from a business is | ||||||
6 | required to be reported to the Illinois Department of Revenue. | ||||||
7 | (27) "Serious health condition" means an illness, injury, | ||||||
8 | impairment, or physical or mental condition that requires | ||||||
9 | inpatient care in a hospital, hospice, or residential medical | ||||||
10 | care facility or continuing medical treatment, counseling, or | ||||||
11 | continuing supervision by a health care provider or victim | ||||||
12 | services organization. "Serious health condition" includes, | ||||||
13 | but is not limited to, conditions in connection with | ||||||
14 | pregnancy, recovery from childbirth, or any related condition. | ||||||
15 | (28) "Sexual assault" means any conduct proscribed by: (i) | ||||||
16 | Article 11 of the Criminal Code of 2012 except Sections 11-35 | ||||||
17 | and 11-45; or (ii) Sections 12-13, 12-14, 12-14.1, 12-15, and | ||||||
18 | 12-16 of the Criminal Code of 2012. | ||||||
19 | (29) "Stalking" means any conduct proscribed by the | ||||||
20 | Criminal Code of 2012 in Sections 12-7.3, 12-7.4, and 12-7.5. | ||||||
21 | (30) "Statewide average weekly wage" means the wage | ||||||
22 | determined by the Department of Employment Security pursuant | ||||||
23 | to paragraph 2 of subsection B of Section 401 of the | ||||||
24 | Unemployment Insurance Act. | ||||||
25 | (31) "12-month period" means, with respect to an employee | ||||||
26 | who establishes a valid claim for family and medical leave |
| |||||||
| |||||||
1 | benefits during a period of family and medical leave, the 365 | ||||||
2 | consecutive days that begin with the first day that the | ||||||
3 | employee first establishes the claim. | ||||||
4 | (32) "Fund" means the Family and Medical Leave Insurance | ||||||
5 | Fund established in Section 35. | ||||||
6 | (33) "Victim" or "survivor" means an individual who has | ||||||
7 | been subjected to domestic or sexual violence. | ||||||
8 | (34) "Victim services organization" means a nonprofit, | ||||||
9 | nongovernmental organization that provides assistance to | ||||||
10 | victims of domestic or sexual violence, including rape crisis | ||||||
11 | centers, organizations carrying out a domestic violence | ||||||
12 | program, organizations operating a shelter or providing | ||||||
13 | counseling services, or a legal services organization or other | ||||||
14 | organization providing assistance through the legal process. | ||||||
15 | (35) "Wages" means any remuneration owed an individual | ||||||
16 | pursuant to employment, an employment contract or agreement | ||||||
17 | between 2 or more parties or a contract for services with a | ||||||
18 | covered business entity, whether paid directly or indirectly, | ||||||
19 | including, but not limited to, salaries, commissions, | ||||||
20 | gratuities, and bonuses, and reasonable cash value of board, | ||||||
21 | rent, housing, lodging, payment in kind and all remuneration | ||||||
22 | paid in any medium other than cash, and whether the amount is | ||||||
23 | determined on a time, task, piece, or any other basis of | ||||||
24 | calculation. | ||||||
25 | (36) "Weekly benefit amount" means the amount of wage | ||||||
26 | replacement paid to a covered individual on a weekly basis |
| |||||||
| |||||||
1 | while the covered individual is on family and medical leave, | ||||||
2 | as provided in Section 40.
| ||||||
3 | Section 15. Family and medical leave insurance program. | ||||||
4 | (a) The Department shall establish and administer a family | ||||||
5 | and medical leave insurance program. | ||||||
6 | (b) The Department shall establish procedures and forms | ||||||
7 | for filing claims for benefits under this Act. | ||||||
8 | (c) The Department shall use information sharing and | ||||||
9 | integration technology to facilitate the disclosure of | ||||||
10 | relevant information or records by the Department. | ||||||
11 | (d) Information contained in the files and records | ||||||
12 | pertaining to an employee, an individual who contracts for | ||||||
13 | services with a covered business entity, a self-employed | ||||||
14 | individual, any covered individual under this Act, or a family | ||||||
15 | member of such individual is confidential and not open to | ||||||
16 | inspection other than by public employees in the performance | ||||||
17 | of their official duties. However, the employee, an individual | ||||||
18 | who contracts for services with a covered business entity, a | ||||||
19 | self-employed individual, a covered individual, or an | ||||||
20 | authorized representative of an employee, an individual who | ||||||
21 | contracts for services with a covered business entity, | ||||||
22 | self-employed individual, or covered individual may review the | ||||||
23 | records or receive specific information from the records on | ||||||
24 | the presentation of the signed authorization of the employee, | ||||||
25 | individual who contracts for services with a covered business |
| |||||||
| |||||||
1 | entity, the self-employed individual, or the covered | ||||||
2 | individual. An employer, covered business entity, or the | ||||||
3 | employer's or covered business entity's duly authorized | ||||||
4 | representative may review the records of an employee employed | ||||||
5 | by the employer, individual who contracts for services with a | ||||||
6 | covered business entity, or self-employed individual in | ||||||
7 | connection with a pending claim, with the exception of any | ||||||
8 | protected health information provided to the Department by an | ||||||
9 | entity covered by the Health Insurance Portability and | ||||||
10 | Accountability Act or information related to a use of leave | ||||||
11 | authorized under paragraph (E) of item (19) of Section 10. At | ||||||
12 | the Department's discretion, other persons may review records | ||||||
13 | when such persons are rendering assistance to the Department | ||||||
14 | at any stage of the proceedings on any matter pertaining to the | ||||||
15 | administration of this Act. An employer and a covered business | ||||||
16 | entity must keep at its place of business for not less than 5 | ||||||
17 | years from the date of a request for leave records from which | ||||||
18 | the information needed by the Department for purposes of this | ||||||
19 | Act may be obtained. The records shall at all times be open to | ||||||
20 | the inspection of the Department pursuant to rules adopted by | ||||||
21 | the Department. An employer or covered business entity subject | ||||||
22 | to any provision of this Act shall make and preserve records | ||||||
23 | that document the name, address, and occupation of each | ||||||
24 | employee, individual who contracts for services with a covered | ||||||
25 | business entity, or domestic worker, the wages and any other | ||||||
26 | compensation paid, benefits provided, and contract for |
| |||||||
| |||||||
1 | services for each employee, individual with a contract for | ||||||
2 | services with a covered business entity, or domestic worker, | ||||||
3 | and any other information the Director may by rule deem | ||||||
4 | necessary and appropriate for enforcement of this Act. An | ||||||
5 | employer or covered business entity subject to any provision | ||||||
6 | of this Act shall preserve those records for a period of not | ||||||
7 | less than 5 years and shall make reports from the records as | ||||||
8 | prescribed by rule or order of the Director, unless the | ||||||
9 | records relate to an ongoing investigation or enforcement | ||||||
10 | action under this Act, in which case the records must be | ||||||
11 | maintained until their destruction is authorized by the | ||||||
12 | Department or by court order. | ||||||
13 | (e) The Department shall develop and implement an outreach | ||||||
14 | program to ensure that individuals who may be eligible to | ||||||
15 | receive family and medical leave benefits under this Act are | ||||||
16 | made aware of these benefits. Outreach information shall | ||||||
17 | explain, in an easy-to-understand format, eligibility | ||||||
18 | requirements, the claims process, weekly benefit amounts, | ||||||
19 | maximum benefits payable, notice requirements, reinstatement | ||||||
20 | and nondiscrimination rights, confidentiality, and | ||||||
21 | coordination of leave under this Act and other laws, | ||||||
22 | collective bargaining agreements, and employer and covered | ||||||
23 | business entity policies. Outreach information shall be | ||||||
24 | available in English, Spanish, Polish, Russian, Tagalog, | ||||||
25 | Mandarin, and in other languages that are spoken as a primary | ||||||
26 | language by a significant portion of the State's population, |
| |||||||
| |||||||
1 | as determined by the Department. | ||||||
2 | (f) An employee, individual who contracts for services | ||||||
3 | with a covered business entity, or domestic worker may make a | ||||||
4 | claim for benefits under this Act on and after January 1 of the | ||||||
5 | year one year after the Department begins collecting employer | ||||||
6 | and covered business entity premium contributions under this | ||||||
7 | Act.
| ||||||
8 | Section 20. Eligibility for benefits. | ||||||
9 | (a) The Department may require that a claim for family and | ||||||
10 | medical leave benefits under this Act be supported by a | ||||||
11 | certification. For a claim for family and medical leave under | ||||||
12 | paragraph (A), (B), or (C) of item (19) of Section 10, the | ||||||
13 | certification shall be issued by a health care provider of the | ||||||
14 | employee's, the individual who contracts for services for a | ||||||
15 | covered business entity's, or the covered individual's | ||||||
16 | choosing who is providing care to the employee or the | ||||||
17 | employee's family member if applicable or the individual who | ||||||
18 | contracts for services with a covered business entity or such | ||||||
19 | individual's family member if applicable, or covered | ||||||
20 | individual or the covered individual's family member, however, | ||||||
21 | for a claim under paragraph (C) for leave for conditions in | ||||||
22 | connection with pregnancy, recovery after childbirth, or any | ||||||
23 | related conditions, leave shall be granted even though the | ||||||
24 | covered individual does not receive treatment from a health | ||||||
25 | care provider during the absence. For a claim for family and |
| |||||||
| |||||||
1 | medical leave because of a qualifying exigency under paragraph | ||||||
2 | (D), documentation shall be sufficient if it includes: (i) a | ||||||
3 | copy of the family member's active duty orders; (ii) other | ||||||
4 | documentation issued by the Armed Forces; or (iii) other | ||||||
5 | documentation permitted by the Department. For a claim for | ||||||
6 | family and medical leave under paragraph (E) of item (19) of | ||||||
7 | Section 10, any one of the following is acceptable for | ||||||
8 | certification, and only one of the following documents shall | ||||||
9 | be required: a police report, court document, document issued | ||||||
10 | by a healthcare provider, or a signed statement from an | ||||||
11 | attorney, a member of the clergy, or a victim services | ||||||
12 | organization or advocate. It is up to the employee, individual | ||||||
13 | who contracts for services with a covered business entity, or | ||||||
14 | covered individual to determine which documentation to submit. | ||||||
15 | If documentation has been submitted, the Department or the | ||||||
16 | employer or covered business entity shall not request or | ||||||
17 | require any other documentation if the reason for the initial | ||||||
18 | or subsequent claims for family and medical leave is related | ||||||
19 | to the same incident of violence or the same perpetrator of the | ||||||
20 | violence. For leave under paragraphs (F) and (G) of item (19) | ||||||
21 | of Section 10, a statement signed by the covered individual is | ||||||
22 | acceptable documentation for certification. | ||||||
23 | (b) The eligibility for benefits of an employee, an | ||||||
24 | individual who contracts with a covered business entity, or a | ||||||
25 | domestic worker is not affected by a strike or lockout at the | ||||||
26 | factory, establishment, or other premises at which the |
| |||||||
| |||||||
1 | employee is or was last employed. | ||||||
2 | (c) An employee, individual who contracts for services | ||||||
3 | with a covered business entity, or domestic worker who has | ||||||
4 | received benefits under this Act may not lose any other | ||||||
5 | employment benefits, including seniority or pension rights, | ||||||
6 | accrued before the date that family and medical leave | ||||||
7 | commenced. The employer or covered business entity shall | ||||||
8 | maintain during any period of family and medical leave taken | ||||||
9 | the health benefits of the employee and, if applicable, the | ||||||
10 | dependents of the employee, the individual who contracts for | ||||||
11 | services with a covered business entity, or the domestic | ||||||
12 | worker in force at the time a request for family and medical | ||||||
13 | leave was made, for the duration of such leave as if the | ||||||
14 | employee, individual who contracts for services with a covered | ||||||
15 | business entity, or domestic worker had continued to work from | ||||||
16 | the date the employee, individual who contracts for services | ||||||
17 | with a covered business entity, or domestic worker commenced | ||||||
18 | the family and medical leave until the date the employee, | ||||||
19 | individual who contracts for services with a covered business | ||||||
20 | entity, or domestic worker returns to work. However, this | ||||||
21 | Section does not entitle an employee, individual who contracts | ||||||
22 | for services with a covered business entity, or domestic | ||||||
23 | worker to accrue employment benefits during a period of family | ||||||
24 | and medical leave or to a right, benefit, or position of | ||||||
25 | employment other than a right, benefit, or position to which | ||||||
26 | the employee, individual who contract for services with a |
| |||||||
| |||||||
1 | covered business entity, or domestic worker would have been | ||||||
2 | entitled had the employee, individual who contracts for | ||||||
3 | services with a covered business entity, or domestic worker | ||||||
4 | not taken family and medical leave. | ||||||
5 | (d) This Act does not diminish an employer's or covered | ||||||
6 | business entity's obligation to comply with a collective | ||||||
7 | bargaining agreement or an employment benefits program or plan | ||||||
8 | that provides greater benefits to employees, individuals who | ||||||
9 | contract for services with a covered business entity, or | ||||||
10 | domestic workers than the benefits provided under this Act. | ||||||
11 | (e) An agreement by an employee, individual who contracts | ||||||
12 | for services with a covered business entity, or domestic | ||||||
13 | worker to waive the rights of the employee, individual who | ||||||
14 | contracts for services with a covered business entity, or | ||||||
15 | domestic worker under this Section is void as contrary to | ||||||
16 | public policy. The benefits under this Act may not be | ||||||
17 | diminished by a collective bargaining agreement or another | ||||||
18 | employment benefits program or plan entered into or renewed | ||||||
19 | after the effective date of this Act. | ||||||
20 | (f) Subject to the requirements of this Act, an individual | ||||||
21 | shall be eligible to receive benefits under this Act if that | ||||||
22 | individual has been paid during the individual's base period | ||||||
23 | wages equal to not less than $1,600, provided that the | ||||||
24 | individual has been paid wages equal to at least $440 during | ||||||
25 | that part of the individual's base period which does not | ||||||
26 | include the calendar quarter in which the wages paid to the |
| |||||||
| |||||||
1 | individual were highest. "Base period" means the first 4 of | ||||||
2 | the last 5 completed calendar quarters immediately preceding | ||||||
3 | the Sunday immediately preceding the first day that family and | ||||||
4 | medical leave under this Act commences for the covered | ||||||
5 | individual. However, if an individual is not eligible to | ||||||
6 | receive family and medical leave benefits or an individual's | ||||||
7 | weekly benefit amount would be lower using such base period, a | ||||||
8 | base period consisting of the last 4 completed quarters | ||||||
9 | immediately preceding the Sunday immediately preceding the | ||||||
10 | first day that family and medical leave under this Act | ||||||
11 | commences shall be used to establish eligibility or a higher | ||||||
12 | weekly benefit amount for the covered individual.
| ||||||
13 | Section 25. Elective coverage; self-employed. | ||||||
14 | (a) For benefits payable beginning January 1, 2024, any | ||||||
15 | self-employed person, including a sole proprietor, independent | ||||||
16 | contractor, partner, or joint venturer, who has | ||||||
17 | self-employment income for work performed in Illinois in | ||||||
18 | accordance with the definition of covered individual under | ||||||
19 | item (9) of Section 10 may elect coverage for an initial period | ||||||
20 | of not less than 3 years and subsequent periods of not less | ||||||
21 | than one year immediately following a period of coverage. | ||||||
22 | Those electing coverage under this Act are responsible for | ||||||
23 | payment of 100% of all premiums assessed to any employer under | ||||||
24 | this Act. The self-employed person must file a notice of | ||||||
25 | election in writing with the Department in a manner as |
| |||||||
| |||||||
1 | required by the Department by rule. | ||||||
2 | (b) A self-employed person who has elected coverage may | ||||||
3 | withdraw from coverage within 30 days after the end of each | ||||||
4 | period of coverage, or at such other times as the Department | ||||||
5 | may adopt by rule, by filing a notice of withdrawal in writing | ||||||
6 | with the Department, such withdrawal to take effect not sooner | ||||||
7 | than 30 days after the filing the notice with the Department. | ||||||
8 | (c) The Department may cancel elective coverage if the | ||||||
9 | self-employed person fails to make required payments or file | ||||||
10 | reports. The Department may collect due and unpaid premiums | ||||||
11 | and may levy additional premiums for the remainder of the | ||||||
12 | period of coverage. The cancellation shall be effective no | ||||||
13 | later than 30 days after the date of the notice in writing | ||||||
14 | advising the self-employed person of the cancellation. | ||||||
15 | (d) Those electing coverage are considered employees or | ||||||
16 | employers where the context dictates. | ||||||
17 | (e) In this Section, "independent contractor" means an | ||||||
18 | individual excluded from employment under the definition of | ||||||
19 | "employee" under Section 10.
| ||||||
20 | Section 30. Disqualification from benefits. | ||||||
21 | (a) An employee is disqualified from family and medical | ||||||
22 | leave benefits 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; or |
| |||||||
| |||||||
1 | (2) seeks benefits based on a serious health condition | ||||||
2 | that resulted from the employee's commission of a felony. | ||||||
3 | (b) A disqualification for family and medical leave | ||||||
4 | benefits is for a period of 2 years and commences on the first | ||||||
5 | day of the calendar week in which the employee filed a claim | ||||||
6 | for benefits under this Act. | ||||||
7 | An employee who is disqualified for benefits is liable to | ||||||
8 | the Department for a penalty of 15% of the amount of benefits | ||||||
9 | received by the employee in addition to the total amount of | ||||||
10 | benefits received.
| ||||||
11 | Section 35. Family and Medical Leave Insurance Fund. | ||||||
12 | (a) The Family and Medical Leave Insurance Fund is created | ||||||
13 | as a special fund in the State treasury. Money in the Fund may | ||||||
14 | be used for the payment of family and medical leave benefits | ||||||
15 | and for the administration of this Act. All interest and other | ||||||
16 | earnings that accrue from investment of money in the Fund | ||||||
17 | shall be credited to the Fund. | ||||||
18 | (b) An employer and a covered business entity shall pay a | ||||||
19 | premium contribution in the amount of 0.73% of wages for all | ||||||
20 | employees and individuals who contract for services with a | ||||||
21 | covered business entity. The Department shall by rule provide | ||||||
22 | for the collection of the employer's premium contribution. The | ||||||
23 | amount of the employer's premium contribution imposed under | ||||||
24 | this Section, less refunds authorized by this Act, and all | ||||||
25 | assessments and penalties collected under this Act shall be |
| |||||||
| |||||||
1 | deposited into and credited to the Fund. | ||||||
2 | (c) A separate account, to be known as the Family and | ||||||
3 | Medical Leave Insurance Administration Account, shall be | ||||||
4 | maintained in the Fund. An amount determined by the Department | ||||||
5 | sufficient for proper administration, not to exceed 0.05% of | ||||||
6 | additional employer and covered business entity premium | ||||||
7 | contributions as defined in this Section, shall be collected | ||||||
8 | and credited to the Administration Account. The expenses of | ||||||
9 | the Department in administering the Fund and its accounts | ||||||
10 | shall be charged against the Administration Account. The costs | ||||||
11 | of administration of this Act shall be charged to the | ||||||
12 | Administration Account. | ||||||
13 | (d) A separate account, to be known as the Family and | ||||||
14 | Medical Leave Benefits Account, shall be maintained in the | ||||||
15 | Fund. The account shall be charged with all benefit payments. | ||||||
16 | (e) The Department may adjust rates for the collection of | ||||||
17 | premiums pursuant to subsection (b) of this Section. The | ||||||
18 | Department shall set rates for premiums in a manner that | ||||||
19 | minimizes the volatility of the rates assessed and so that at | ||||||
20 | the end of the period for which the rates are effective, the | ||||||
21 | cash balance shall be an amount approximating 125% of 12 | ||||||
22 | months of projected expenditures from the Fund, considering | ||||||
23 | the functions and duties of the Department under this Act. | ||||||
24 | (f) An employer or covered business entity required to pay | ||||||
25 | premium contributions under this Section shall make and file a | ||||||
26 | report of amounts due under this Section upon a combined |
| |||||||
| |||||||
1 | report form prescribed by the Department. The report shall be | ||||||
2 | filed with the Department at the times and in the manner | ||||||
3 | prescribed by the Department. | ||||||
4 | (g) If the employer or covered business entity is a | ||||||
5 | temporary employment agency that provides employees or | ||||||
6 | individuals who contract for services with a covered business | ||||||
7 | entity on a temporary basis to its customers, the temporary | ||||||
8 | employment agency is considered a joint employer with its | ||||||
9 | customers for purposes of this Act. | ||||||
10 | (h) When an employer or covered business entity goes out | ||||||
11 | of business or sells out, exchanges, or otherwise disposes of | ||||||
12 | the business or stock of goods, any premiums payable under | ||||||
13 | this Section are immediately due and payable, and the employer | ||||||
14 | or covered business entity shall, within 10 days thereafter, | ||||||
15 | pay the premiums due. A person who becomes a successor to the | ||||||
16 | business is liable for the full amount of the premiums and | ||||||
17 | shall withhold from the purchase price a sum sufficient to pay | ||||||
18 | any premiums due from the employer until the employer produces | ||||||
19 | a receipt from the Department showing payment in full of any | ||||||
20 | premiums due or a certificate that no premium is due. If the | ||||||
21 | premiums are not paid by the employer or covered business | ||||||
22 | entity within 10 days after the date of the sale, exchange, or | ||||||
23 | disposal, the successor is liable for the payment of the full | ||||||
24 | amount of the premiums. The successor's payment of the | ||||||
25 | premiums are, to the extent of the payment, a payment upon the | ||||||
26 | purchase price, and if the payment is greater in amount than |
| |||||||
| |||||||
1 | the purchase price, the amount of the difference is a debt due | ||||||
2 | the successor from the employer or covered business entity. A | ||||||
3 | successor is not liable for any premiums due from the person | ||||||
4 | from whom the successor has acquired a business or stock of | ||||||
5 | goods if the successor gives written notice to the Department | ||||||
6 | of the acquisition and no assessment is issued by the | ||||||
7 | Department within one year after receipt of the notice against | ||||||
8 | the former operator of the business. | ||||||
9 | (i) This Section is inoperative before January 1, 2024. At | ||||||
10 | that time, the Department shall begin collecting the amounts | ||||||
11 | due under this Section.
| ||||||
12 | Section 40. Weekly benefit for family and medical leave. | ||||||
13 | (a) An individual's weekly benefit rate shall be | ||||||
14 | determined as follows: if the average weekly wage to the | ||||||
15 | employee, individual who contracts for services with a covered | ||||||
16 | business entity, or domestic worker is (a) 50% or less of the | ||||||
17 | statewide average weekly wage, the weekly benefit for the | ||||||
18 | employee, individual with a contract for services with a | ||||||
19 | covered business entity, or domestic worker is 90% of the | ||||||
20 | average weekly wage of the employee, individual with a | ||||||
21 | contract for services with a covered business entity, or | ||||||
22 | domestic worker or (b) greater than 50% of the statewide | ||||||
23 | average weekly wage, the weekly benefit for the employee, | ||||||
24 | individual with a contract for services with a covered | ||||||
25 | business entity, or domestic worker is the sum of: (i) 90% of |
| |||||||
| |||||||
1 | the average weekly wage of the employee, individual with a | ||||||
2 | contract for services with a covered business entity, or | ||||||
3 | domestic worker up to 50% of the statewide average weekly | ||||||
4 | wage; and (ii) 50% of the average weekly wage of the employee, | ||||||
5 | individual with a contract for services with a covered | ||||||
6 | business entity, or domestic worker that is greater than 50% | ||||||
7 | of the statewide average weekly wage. The benefit rate shall | ||||||
8 | be computed to the next lower multiple of $1 if not already a | ||||||
9 | multiple thereof. The amount of benefits for each day of | ||||||
10 | family and medical leave for which benefits are payable shall | ||||||
11 | be one-seventh of the corresponding weekly benefit amount; | ||||||
12 | provided that the total benefits for a fractional part of a | ||||||
13 | week shall be computed to the next lower multiple of $1 if not | ||||||
14 | already a multiple thereof. | ||||||
15 | (b) The maximum weekly benefit for family and medical | ||||||
16 | leave that occurs on or after January 1, 2022 shall be $1,000. | ||||||
17 | By September 30, 2024, and by each subsequent September 30th, | ||||||
18 | the maximum weekly benefit shall be adjusted to 90% of the | ||||||
19 | State average weekly wage. The adjusted maximum weekly benefit | ||||||
20 | amount takes effect on the following January 1st. | ||||||
21 | (c) With respect to any period of family and medical leave | ||||||
22 | taken by a covered individual, family and medical leave | ||||||
23 | insurance benefits not in excess of the covered individual's | ||||||
24 | maximum benefits shall be payable with respect to the first | ||||||
25 | day of family and medical leave taken and each subsequent day | ||||||
26 | of family and medical leave during that period of family and |
| |||||||
| |||||||
1 | medical leave. The maximum total benefits payable to any | ||||||
2 | covered individual commencing on or after the effective date | ||||||
3 | of this Act shall be 26 times the weekly benefit amount for an | ||||||
4 | employee, individual with a contract for services with a | ||||||
5 | covered business entity, or domestic worker in the applicable | ||||||
6 | benefit year, except for individuals taking leave pursuant to | ||||||
7 | paragraph (C) of item (19) of Section 10 for conditions in | ||||||
8 | connection with pregnancy, recovery from childbirth, or any | ||||||
9 | related condition where the maximum total benefits payable to | ||||||
10 | any covered individual shall be 52 times the employee's weekly | ||||||
11 | benefit amount in the applicable benefit year, provided that | ||||||
12 | the maximum amount shall be computed in the next lower | ||||||
13 | multiple of $1 if not already a multiple thereof. | ||||||
14 | (d) The first payment of benefits must be made to a covered | ||||||
15 | individual within 14 calendar days after the claim is filed | ||||||
16 | and there is sufficient information to approve at least one | ||||||
17 | week of benefits; subsequent payments must be made no later | ||||||
18 | than semi-monthly thereafter. | ||||||
19 | Nothing in this Act shall be construed to prohibit the | ||||||
20 | establishment by an employer or a covered business entity, | ||||||
21 | without approval by the Department, of a supplementary plan or | ||||||
22 | plans providing for the payment to employees, individuals with | ||||||
23 | a contract for services with a covered business entity, or | ||||||
24 | domestic workers or to any class or classes of employees, | ||||||
25 | individuals with a contract for services with a covered | ||||||
26 | business entity, or domestic workers, of benefits in addition |
| |||||||
| |||||||
1 | to the benefits provided by this Act. The rights, duties, and | ||||||
2 | responsibilities of all interested parties under the | ||||||
3 | supplementary plans shall be unaffected by any provision of | ||||||
4 | this Act.
| ||||||
5 | Section 45. Family and medical leave; duration. A covered | ||||||
6 | individual may take up to 26 weeks of family and medical leave | ||||||
7 | within any 12-month period for reasons identified in | ||||||
8 | paragraphs (A), (B), (C), (D), and (E) of item (19) of Section | ||||||
9 | 10. However, a covered individual may take up to an additional | ||||||
10 | 26 weeks of family and medical leave within any 12-month | ||||||
11 | period for which the covered individual is eligible for leave | ||||||
12 | under paragraph (C) of item (19) of Section 10 taken in | ||||||
13 | connection with pregnancy, recovery from childbirth, or | ||||||
14 | related conditions. A covered individual may take family and | ||||||
15 | medical leave consecutively or on an intermittent schedule in | ||||||
16 | which all of the leave authorized under this Act is not taken | ||||||
17 | sequentially.
| ||||||
18 | Section 50. Annual reports; contents. | ||||||
19 | (a) The Department shall issue and make available to the | ||||||
20 | public, not later than July 1, 2025 and July 1 of each | ||||||
21 | subsequent year, annual reports providing data on family and | ||||||
22 | medical leave benefits claims including separate data for each | ||||||
23 | of the following categories of claims: the employee's, | ||||||
24 | individual with a contract for services with a covered |
| |||||||
| |||||||
1 | business entity's, or domestic worker's own serious illness; | ||||||
2 | care of newborn children; care of newly adopted and fostered | ||||||
3 | children; care of seriously ill family members; because of | ||||||
4 | family members on active duty in the Armed Forces; for | ||||||
5 | domestic or sexual violence, and for conditions in connection | ||||||
6 | with pregnancy, recovering from childbirth, or related | ||||||
7 | conditions. The reports shall include, for each category of | ||||||
8 | claims, the number of individuals receiving the benefits, the | ||||||
9 | amount of benefits paid, the average duration of benefits, and | ||||||
10 | the average weekly benefit. The report shall provide data by | ||||||
11 | gender, race, ethnicity, income, and any other demographic | ||||||
12 | factors determined to be relevant by the Department. The | ||||||
13 | reports shall also provide, for all family and medical leave | ||||||
14 | benefits, the total costs of benefits and the total cost of | ||||||
15 | administration, the portion of benefits for claims during | ||||||
16 | family and medical leave, and the total revenues from employer | ||||||
17 | or covered business entity premium contributions and | ||||||
18 | assessments, where applicable; and other sources. | ||||||
19 | (b) The Department may, in its discretion, conduct surveys | ||||||
20 | and other research regarding, and include in the annual | ||||||
21 | reports descriptions and evaluations of the impact and | ||||||
22 | potential future impact of the costs and benefits resulting | ||||||
23 | from this Act for: | ||||||
24 | (1) employees and their families, including surveys | ||||||
25 | and evaluations of what portion of the total number of | ||||||
26 | employees taking family and medical leave would not have |
| |||||||
| |||||||
1 | taken leave, or would have taken less leave, without the | ||||||
2 | availability of benefits; what portion of employees return | ||||||
3 | to work after receiving benefits and what portion are not | ||||||
4 | permitted to return to work; and what portion of employees | ||||||
5 | who are eligible for benefits do not claim or receive them | ||||||
6 | and why they do not; | ||||||
7 | (2) employers, including benefits such as reduced | ||||||
8 | training and other costs related to reduced turnover of | ||||||
9 | personnel, and increased affordability of family and | ||||||
10 | medical leave through the State, with special attention | ||||||
11 | given to small businesses; and | ||||||
12 | (3) the public, including savings caused by any | ||||||
13 | reduction in the number of people receiving public | ||||||
14 | assistance. | ||||||
15 | (c) The total amount of any expenses that the Department | ||||||
16 | determines are necessary to carry out its duties pursuant to | ||||||
17 | this Section shall be charged to the Administration Account of | ||||||
18 | the Fund.
| ||||||
19 | Section 55. Prohibited acts; enforcement. | ||||||
20 | (a) No employer, employment and labor placement agency, | ||||||
21 | employment agency, employee organization, covered business | ||||||
22 | entity, or other person shall discharge, expel, or otherwise | ||||||
23 | retaliate or discriminate against a person because the person | ||||||
24 | has requested family and medical leave, attempted to claim | ||||||
25 | family and medical leave benefits, taken family and medical |
| |||||||
| |||||||
1 | leave, filed or communicated to the employer or covered | ||||||
2 | business entity an intent to file a claim, a complaint, or an | ||||||
3 | appeal, or has testified or is about to testify or has assisted | ||||||
4 | in any proceeding, under this Act, at any time. | ||||||
5 | (b) Any employer or covered business entity who violates | ||||||
6 | subsection (a) shall be liable to the individual employed by | ||||||
7 | or contracted for services with such a person who is affected | ||||||
8 | by the violation for damages equal to the sum of: | ||||||
9 | (1) the amount of: | ||||||
10 | (A) any wages, salary, employment benefits, or | ||||||
11 | other compensation denied or lost to such individual | ||||||
12 | by reason of the violation; or | ||||||
13 | (B) in a case in which wages, salary, employment | ||||||
14 | benefits, or other compensation have not been denied | ||||||
15 | or lost to the individual, any actual monetary losses | ||||||
16 | sustained by the individual as a direct violation, | ||||||
17 | such as the cost of providing care, up to a sum equal | ||||||
18 | to 60 calendar days of wages or salary for the | ||||||
19 | individual; and | ||||||
20 | (2) the interest on the amount described under | ||||||
21 | paragraph (A) of item (1) calculated at the prevailing | ||||||
22 | rate; and | ||||||
23 | (3) an additional amount as liquidated damages equal | ||||||
24 | to the sum of the amount described in item (1) and the | ||||||
25 | interest described in item (2), except if a person who has | ||||||
26 | violated subsection (a) proves to the satisfaction of the |
| |||||||
| |||||||
1 | court that the act or omission was in good faith and that | ||||||
2 | the person had reasonable grounds for believing that the | ||||||
3 | act or omission was not a violation of subsection (a), the | ||||||
4 | court may, in the discretion of the court, reduce the | ||||||
5 | amount of the liability to the amount and interest | ||||||
6 | determined under paragraph (A) or (B) of item (1), | ||||||
7 | respectively. | ||||||
8 | In addition, a court may order such equitable relief as | ||||||
9 | may be appropriate, including employment, reinstatement, | ||||||
10 | promotion, and reinstatement of a contract for services. | ||||||
11 | (c) An action to recover the damages or obtain equitable | ||||||
12 | relief subsection (a) may be maintained against any person in | ||||||
13 | any court on behalf of: | ||||||
14 | (1) the individual; or | ||||||
15 | (2) the individual or other individuals similarly | ||||||
16 | situated. | ||||||
17 | (d) The court in such an action shall, in addition to any | ||||||
18 | judgment awarded to the covered individual, allow reasonable | ||||||
19 | attorney's fees, reasonable expert witness fees, and other | ||||||
20 | costs of the action to be paid by the defendant. | ||||||
21 | (e) The right under subsection (c) to bring an action by or | ||||||
22 | on behalf of any individual shall terminate: | ||||||
23 | (1) on the filing of a complaint by the Department in | ||||||
24 | an action in which restraint is sought of any further | ||||||
25 | delay in the payment of the amount described in item (1) of | ||||||
26 | subsection (b) to such individual by the person |
| |||||||
| |||||||
1 | responsible under subsection (a) for the payment; or | ||||||
2 | (2) on the filing of a complaint by the Department in | ||||||
3 | an action under subsection (f) in which a recovery is | ||||||
4 | sought of the damages described in item (1) of subsection | ||||||
5 | (b) owing to an individual by a person liable under | ||||||
6 | subsection (a). | ||||||
7 | (f) Action by the Department. | ||||||
8 | (1) The Department may bring an action in any court to | ||||||
9 | recover the damages described in item (1) of subsection | ||||||
10 | (b). | ||||||
11 | (2) Any sums recovered under item (1) of this | ||||||
12 | subsection shall be held in a special deposit account and | ||||||
13 | shall be paid, on order of the Department, directly to | ||||||
14 | each individual affected. Any such sums not paid to an | ||||||
15 | individual because of inability to do so within a period | ||||||
16 | of 3 years shall be deposited into the Fund. | ||||||
17 | (3) An action may be brought under this subsection not | ||||||
18 | later than 3 years after the date of the last event | ||||||
19 | constituting the alleged violation for which the action is | ||||||
20 | brought. | ||||||
21 | (4) An action brought by the Department under this | ||||||
22 | subsection shall be considered to be commenced on the date | ||||||
23 | when the complaint is filed. | ||||||
24 | (5) The Department may bring an action to restrain | ||||||
25 | violations of subsection (a), including the restraint of | ||||||
26 | any withholding of payment of wages, salary, employment |
| |||||||
| |||||||
1 | benefits, or other compensation, plus interest, found by | ||||||
2 | the court to be due to the individual, or to award such | ||||||
3 | other equitable relief as may be appropriate, including | ||||||
4 | employment, reinstatement, and promotion. | ||||||
5 | (g) A person aggrieved by a decision of the Department | ||||||
6 | under this Act may request a hearing. The Department shall | ||||||
7 | adopt rules governing hearings and the issuance of final | ||||||
8 | orders under this Act in accordance with the Illinois | ||||||
9 | Administrative Procedure Act. All final administrative | ||||||
10 | decisions of the Department under this Act are subject to | ||||||
11 | judicial review under the Administrative Review Law.
| ||||||
12 | Section 60. Penalties. | ||||||
13 | (a) A person who makes a false statement or | ||||||
14 | representation, knowing it to be false, or knowingly fails to | ||||||
15 | disclose a material fact to obtain or increase any family and | ||||||
16 | medical leave benefit during a period of family and medical | ||||||
17 | leave, either for themselves or for any other person, shall be | ||||||
18 | liable for a civil penalty of $250 to be paid to the Fund. Each | ||||||
19 | such false statement or representation or failure to disclose | ||||||
20 | a material fact shall constitute a separate offense. Upon | ||||||
21 | refusal to pay such a civil penalty, the civil penalty shall be | ||||||
22 | recovered in a civil action by the Attorney General on behalf | ||||||
23 | of the Department in the name of the State of Illinois. If, in | ||||||
24 | any case in which liability for the payment of a civil penalty | ||||||
25 | has been determined, any person who has received any benefits |
| |||||||
| |||||||
1 | under this Act by reason of the making of such false statements | ||||||
2 | or representations or failure to disclose a material fact | ||||||
3 | shall not be entitled to any benefits under this Act for any | ||||||
4 | leave occurring prior to the time he or she has discharged his | ||||||
5 | or her liability to pay the civil penalty. | ||||||
6 | (b) A person who willfully violates any provision of this | ||||||
7 | Act or any rule adopted under this Act for which a civil | ||||||
8 | penalty is neither prescribed by this Act nor provided by any | ||||||
9 | other applicable law shall be subject to a civil penalty of | ||||||
10 | $500 to be paid to the Fund. Upon the refusal to pay such a | ||||||
11 | civil penalty, the civil penalty shall be recovered in a civil | ||||||
12 | action by the Attorney General on behalf of the Department in | ||||||
13 | the name of the State of Illinois.
| ||||||
14 | Section 65. Leave and employment protection. | ||||||
15 | (a) During a period in which an employee, individual who | ||||||
16 | contracts for services with a covered business entity, or | ||||||
17 | domestic worker receives family and medical leave benefits | ||||||
18 | under this Act, the employee, individual who contracts for | ||||||
19 | services with a covered business entity, or domestic worker is | ||||||
20 | entitled to family and medical leave and, at the established | ||||||
21 | ending date of leave, to be restored to a position of | ||||||
22 | employment or restoration of the contract for services with | ||||||
23 | the employer or covered business entity from whom leave was | ||||||
24 | taken as provided under subsection (b). | ||||||
25 | (b) Except as provided in subsection (d), an employee, |
| |||||||
| |||||||
1 | individual with a contract for services with a covered | ||||||
2 | business entity, or domestic worker who receives family and | ||||||
3 | medical leave benefits under this Act for the intended purpose | ||||||
4 | of the family and medical leave is entitled, on return from the | ||||||
5 | leave: | ||||||
6 | (1) to be restored by the employer to the position of | ||||||
7 | employment held by the employee, restored by the covered | ||||||
8 | business entity to the contract for services, or restored | ||||||
9 | to the position of employment or the contract for services | ||||||
10 | for domestic workers when the family and medical leave | ||||||
11 | commenced; or | ||||||
12 | (2) to be restored to an equivalent position or | ||||||
13 | contract with equivalent employment benefits, pay, and | ||||||
14 | other terms and conditions of employment or contract at a | ||||||
15 | workplace within the same or a geographically proximate | ||||||
16 | work site (such as one that does not involve a significant | ||||||
17 | increase in commuting time or distance) when the family | ||||||
18 | and medical leave commenced. | ||||||
19 | (c) The taking of family and medical leave under this Act | ||||||
20 | may not result in the loss of any employment or contract | ||||||
21 | benefits accrued before the date on which the family and | ||||||
22 | medical leave commenced. | ||||||
23 | (d) Nothing in this Section entitles a restored employee, | ||||||
24 | individual who contracts for services with a covered business | ||||||
25 | entity, or domestic worker to: | ||||||
26 | (1) the accrual of any seniority or employment |
| |||||||
| |||||||
1 | benefits during any period of family and medical leave; or | ||||||
2 | (2) any right, benefit, or position of employment | ||||||
3 | other than any right, benefit, or position to which the | ||||||
4 | employee would have been entitled had the employee not | ||||||
5 | taken the family and medical leave. | ||||||
6 | (e) Nothing in this Section prohibits an employer from | ||||||
7 | requiring an employee, individual who contracts for services | ||||||
8 | with a covered business entity, or domestic worker on family | ||||||
9 | and medical leave to report periodically, but no more than | ||||||
10 | twice every 4 weeks of leave, to the employer, covered | ||||||
11 | business entity on the status and intention of the employee, | ||||||
12 | individual with a contract for services, or domestic worker to | ||||||
13 | return to work.
| ||||||
14 | Section 70. Pregnancy; effect of other State law. No | ||||||
15 | individual shall suffer any repercussion under any Illinois | ||||||
16 | law, rule, or policy for any decisions the covered individual | ||||||
17 | is authorized to make under this Act regarding leave related | ||||||
18 | to pregnancy, recovery from childbirth, or related conditions.
| ||||||
19 | Section 75. Notice to employer or covered business entity. | ||||||
20 | If the necessity for family and medical leave for any reason | ||||||
21 | under item (19) of Section 10 is foreseeable, the employee, | ||||||
22 | individual with a contract for services with a covered | ||||||
23 | business entity, or domestic worker shall provide the employer | ||||||
24 | or covered business entity with not less than 30 days' notice, |
| |||||||
| |||||||
1 | before the date the leave is to begin, of the intention of the | ||||||
2 | employee, individual with a contract for services with a | ||||||
3 | covered business entity to take leave, except that if the | ||||||
4 | expected date requires leave to begin in less than 30 days, the | ||||||
5 | employee, individual with a contract for services with a | ||||||
6 | covered business entity, or domestic worker shall provide such | ||||||
7 | notice as is practical.
| ||||||
8 | Section 80. Employment by same employer or covered | ||||||
9 | business entity. The right of an employee, individual who | ||||||
10 | contracts for services with a covered business entity, or | ||||||
11 | domestic worker to leave under this Act shall not be altered or | ||||||
12 | abridged by access to leave of any other employee, individual | ||||||
13 | who contracts for services with a covered business entity, or | ||||||
14 | domestic worker.
| ||||||
15 | Section 85. Coordination of leave. Family and medical | ||||||
16 | leave taken under this Act must be taken concurrently with any | ||||||
17 | leave taken under the federal Family and Medical Leave Act of | ||||||
18 | 1993, if applicable.
| ||||||
19 | Section 90. Notice. Every employer and covered business | ||||||
20 | entity covered by this Act shall post and keep posted, in a | ||||||
21 | conspicuous place on the premises of the employer or covered | ||||||
22 | business entity where notices to employees are customarily | ||||||
23 | posted, a notice, to be prepared or approved by the Director of |
| |||||||
| |||||||
1 | Employment Security, summarizing the requirements of this Act | ||||||
2 | and information pertaining to the filing of a charge. Every | ||||||
3 | employer and covered business entity shall also provide such | ||||||
4 | notice to employees, individuals with contracts for services | ||||||
5 | with a covered business entity, and domestic workers through | ||||||
6 | electronic transmission to the employee, individual with a | ||||||
7 | contract for services with the covered business entity, or | ||||||
8 | domestic worker. The Director shall furnish copies of | ||||||
9 | summaries and rules to the employers and covered business | ||||||
10 | entities upon request without charge. Any employer or covered | ||||||
11 | business entity that fails to post the required notice or | ||||||
12 | transmit such notice may not rely on this Act to claim that the | ||||||
13 | employee, individual with a contract for services with a | ||||||
14 | covered business entity, or domestic worker failed to inform | ||||||
15 | the employer or covered business entity that the employee, | ||||||
16 | individual with a contract for services with a covered | ||||||
17 | business entity, or domestic worker wanted or was eligible for | ||||||
18 | leave under this Act.
| ||||||
19 | Section 95. Rules. The Department may adopt any rules | ||||||
20 | necessary to implement this Act.
| ||||||
21 | Section 105. Severability. The provisions of this Act are | ||||||
22 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
23 | Section 900. The State Finance Act is amended by adding |
| |||||||
| |||||||
1 | Section 5.970 as follows:
| ||||||
2 | (30 ILCS 105/5.970 new) | ||||||
3 | Sec. 5.970. The Family and Medical Leave Insurance Fund.
| ||||||
4 | Section 999. Effective date. This Act takes effect January | ||||||
5 | 1, 2023.
|