Illinois 2023-2024 Regular Session

Illinois House Bill HB1102 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1102 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new Creates the Family Leave Insurance Act. Requires the Department of Employment Security to establish and administer a family leave insurance program. Provides family leave insurance benefits to eligible employees who take unpaid family leave to care for a newborn child, a newly adopted or newly placed foster child, or a family member with a serious health condition. Authorizes family leave of up to 12 weeks during any 24-month period. Authorizes compensation for leave in the amount of 85% of the employee's average weekly wage subject to a maximum of $881 per week. Contains provisions concerning disqualification from benefits; premium payments; the amount and duration of benefits; the recovery of erroneous payments; hearings; defaulted premium payments; elective coverage; employment protection; coordination of family leave; defined terms; and other matters. Amends the State Finance Act. Creates the State Benefits Fund. Effective immediately. LRB103 04711 SPS 49720 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1102 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new Creates the Family Leave Insurance Act. Requires the Department of Employment Security to establish and administer a family leave insurance program. Provides family leave insurance benefits to eligible employees who take unpaid family leave to care for a newborn child, a newly adopted or newly placed foster child, or a family member with a serious health condition. Authorizes family leave of up to 12 weeks during any 24-month period. Authorizes compensation for leave in the amount of 85% of the employee's average weekly wage subject to a maximum of $881 per week. Contains provisions concerning disqualification from benefits; premium payments; the amount and duration of benefits; the recovery of erroneous payments; hearings; defaulted premium payments; elective coverage; employment protection; coordination of family leave; defined terms; and other matters. Amends the State Finance Act. Creates the State Benefits Fund. Effective immediately. LRB103 04711 SPS 49720 b LRB103 04711 SPS 49720 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1102 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
3	3	New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new
4	4	New Act
5	5	30 ILCS 105/5.990 new
6	6	Creates the Family Leave Insurance Act. Requires the Department of Employment Security to establish and administer a family leave insurance program. Provides family leave insurance benefits to eligible employees who take unpaid family leave to care for a newborn child, a newly adopted or newly placed foster child, or a family member with a serious health condition. Authorizes family leave of up to 12 weeks during any 24-month period. Authorizes compensation for leave in the amount of 85% of the employee's average weekly wage subject to a maximum of $881 per week. Contains provisions concerning disqualification from benefits; premium payments; the amount and duration of benefits; the recovery of erroneous payments; hearings; defaulted premium payments; elective coverage; employment protection; coordination of family leave; defined terms; and other matters. Amends the State Finance Act. Creates the State Benefits Fund. Effective immediately.
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9	9	A BILL FOR
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12	12	1 AN ACT concerning employment.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the Family
16	16	5 Leave Insurance Act.
17	17	6 Section 5. Declaration of policy and intent.
18	18	7 (a) Many employees do not have access to family and
19	19	8 medical leave programs, and those who do may not be in a
20	20	9 financial position to take family or medical leave that is
21	21	10 unpaid, and employer-paid benefits meet only a relatively
22	22	11 small part of this need. It is the public policy of this State
23	23	12 to protect working families against the economic hardship
24	24	13 caused by the need to take time off from work to care for
25	25	14 themselves or family members who are suffering from a serious
26	26	15 illness or to care for a newborn or a newly adopted child.
27	27	16 Moreover, many women are single mothers or the primary
28	28	17 breadwinners for their families. If any of these women take an
29	29	18 unpaid maternity leave, her whole family, and Illinois,
30	30	19 suffers.
31	31	20 The United States is the only industrialized nation in the
32	32	21 world that does not have a mandatory workplace-based program
33	33	22 for such income support.
34	34	23 It is therefore desirable and necessary to develop systems
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1102 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
39	39	New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new
40	40	New Act
41	41	30 ILCS 105/5.990 new
42	42	Creates the Family Leave Insurance Act. Requires the Department of Employment Security to establish and administer a family leave insurance program. Provides family leave insurance benefits to eligible employees who take unpaid family leave to care for a newborn child, a newly adopted or newly placed foster child, or a family member with a serious health condition. Authorizes family leave of up to 12 weeks during any 24-month period. Authorizes compensation for leave in the amount of 85% of the employee's average weekly wage subject to a maximum of $881 per week. Contains provisions concerning disqualification from benefits; premium payments; the amount and duration of benefits; the recovery of erroneous payments; hearings; defaulted premium payments; elective coverage; employment protection; coordination of family leave; defined terms; and other matters. Amends the State Finance Act. Creates the State Benefits Fund. Effective immediately.
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45	45	A BILL FOR
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71	71	1 that help families adapt to the competing interests of work
72	72	2 and home which not only benefit workers, but also benefit
73	73	3 employers by reducing employee turnover and increasing worker
74	74	4 productivity.
75	75	5 (b) It is the intent of the General Assembly to create a
76	76	6 family leave program to relieve the serious menace to health,
77	77	7 morals, and welfare of Illinois families, to increase
78	78	8 workplace productivity, and to alleviate the enormous and
79	79	9 growing stress on working families of balancing the demands of
80	80	10 work and family needs.
81	81	11 Section 10. Definitions. In this Act:
82	82	12 (1)(A) "Average weekly wage" means the amount derived by
83	83	13 dividing a covered employee's total wages earned from the
84	84	14 employee's most recent covered employer during the base weeks
85	85	15 in the 8 calendar weeks immediately preceding the calendar
86	86	16 week in which a period of family leave commenced by the number
87	87	17 of such base weeks.
88	88	18 (B) If the computation in paragraph (A) yields a result
89	89	19 that is less than the employee's average weekly earnings in
90	90	20 employment with all covered employers during the base weeks in
91	91	21 such 8 calendar weeks, then the average weekly wage shall be
92	92	22 computed on the basis of earnings from all covered employers
93	93	23 during the base weeks in the 8 calendar weeks immediately
94	94	24 preceding the week in which the period of family leave
95	95	25 commences.
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106	106	1 (C) For periods of family leave, if the computations in
107	107	2 paragraphs (A) and (B) both yield a result which is less than
108	108	3 the employee's average weekly earnings in employment with all
109	109	4 covered employers during the base weeks in the 26 calendar
110	110	5 weeks immediately preceding the week in which the period of
111	111	6 family leave commenced, then the average weekly wage shall,
112	112	7 upon a written request to the Department by the employee on a
113	113	8 form provided by the Department, be computed by the Department
114	114	9 on the basis of earnings from all covered employers of the
115	115	10 employee during the base weeks in those 26 calendar weeks.
116	116	11 (2) "Base hours" means the hours of work for which an
117	117	12 employee receives compensation. "Base hours" includes overtime
118	118	13 hours for which the employee is paid additional or overtime
119	119	14 compensation and hours for which the employee receives
120	120	15 workers' compensation benefits. "Base hours" also includes
121	121	16 hours an employee would have worked except for having been in
122	122	17 military service. At the option of the employer, "base hours"
123	123	18 may include hours for which the employee receives other types
124	124	19 of compensation, such as administrative, personal leave,
125	125	20 vacation or sick leave.
126	126	21 (3) "Care" includes, but is not limited to, physical care,
127	127	22 emotional support, visitation, arranging for a change in care,
128	128	23 assistance with essential daily living matters, and personal
129	129	24 attendant services.
130	130	25 (4) "Child" means a biological, adopted, or foster child,
131	131	26 stepchild, or legal ward of an eligible employee, child of a
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142	142	1 spouse of the eligible employee, or child of a civil union
143	143	2 partner of the eligible employee, who is less than 19 years of
144	144	3 age or is 19 years of age or older, but incapable of self-care
145	145	4 because of a mental or physical impairment.
146	146	5 (5) "Civil union" means a civil union as defined in the
147	147	6 Illinois Religious Freedom Protection and Civil Union Act.
148	148	7 (6) "Consecutive leave" means leave that is taken without
149	149	8 interruption based upon an employee's regular work schedule
150	150	9 and does not include breaks in employment in which an employee
151	151	10 is not regularly scheduled to work. For example, when an
152	152	11 employee is normally scheduled to work from September through
153	153	12 June and is not scheduled to work during July and August, a
154	154	13 leave taken continuously during May, June, and September shall
155	155	14 be considered a consecutive leave.
156	156	15 (7) "Department" means the Department of Employment
157	157	16 Security.
158	158	17 (8) "Director" means the Director of Employment Security
159	159	18 and any transaction or exercise of authority by the Director
160	160	19 shall be deemed to be performed by the Department.
161	161	20 (9) "Eligible employee" means an employee, other than an
162	162	21 employee of the State of Illinois, its political subdivisions,
163	163	22 or instrumentalities, employed by the same employer, as
164	164	23 defined in paragraph (10), in the State of Illinois for 12
165	165	24 months or more who has worked 1,200 or more base hours during
166	166	25 the preceding 12-month period. An employee is considered to be
167	167	26 employed in the State of Illinois if:
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178	178	1 (A) the employee works in Illinois; or
179	179	2 (B) the employee routinely performs some work in
180	180	3 Illinois and the employee's base of operations or the
181	181	4 place from which the work is directed and controlled is in
182	182	5 Illinois.
183	183	6 (10) "Employer" means any partnership, association, trust,
184	184	7 estate, joint-stock company, insurance company, or
185	185	8 corporation, whether domestic or foreign, or the receiver,
186	186	9 trustee in bankruptcy, trustee, or person that has in its
187	187	10 employ one or more employees performing services for it within
188	188	11 this State. "Employer" also includes any employer subject to
189	189	12 the Unemployment Insurance Act, except the State, its
190	190	13 political subdivisions, and any instrumentality of the State.
191	191	14 All employees performing services within this State for any
192	192	15 employing unit that maintains 2 or more separate
193	193	16 establishments within this State shall be deemed to be
194	194	17 employed by a single employing unit for all purposes of this
195	195	18 Act.
196	196	19 (11) "Family member" means an eligible employee's child,
197	197	20 spouse, party to a civil union, parent, or any other
198	198	21 individual related by blood or whose close relationship with
199	199	22 the employee is the equivalent of a family relationship.
200	200	23 (12) "Family leave" means leave taken by an eligible
201	201	24 employee from work with an employer: (A) to participate in the
202	202	25 providing of care, including physical or psychological care,
203	203	26 for the employee or a family member of the eligible employee
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214	214	1 made necessary by a serious health condition of the family
215	215	2 member; (B) due to pregnancy; (C) to be with a child during the
216	216	3 first 12 months after the child's birth, if the employee, the
217	217	4 employee's spouse, or the party to a civil union with the
218	218	5 employee, is a biological parent of the child, or the first 12
219	219	6 months after the placement of the child for adoption or foster
220	220	7 care with the employee; (D) for the employee's own serious
221	221	8 health condition; (E) for the purposes of adopting a child; or
222	222	9 (F) because of any qualifying exigency as interpreted under
223	223	10 the Family and Medical Leave Act of 1993 (29 U.S.C.
224	224	11 2612(a)(1)(E) and 29 CFR 825.126) arising out of the fact that
225	225	12 the spouse, party to a civil union, child, parent of the
226	226	13 employee, or any other individual related by blood or whose
227	227	14 close relationship with the employee is equivalent to a family
228	228	15 relationship is on active duty (or has been notified of an
229	229	16 impending call or order to active duty) in the armed forces as
230	230	17 of the United States. "Family leave" does not include any
231	231	18 period of time during which an eligible employee is paid
232	232	19 benefits pursuant to the Workers' Compensation Act or the
233	233	20 Unemployment Insurance Act because the employee is unable to
234	234	21 perform the duties of the employee's employment due to the
235	235	22 employee's own disability.
236	236	23 (13) "Family leave benefits" means any payments that are
237	237	24 payable to an eligible employee for all or part of a period of
238	238	25 family leave.
239	239	26 (14) "Health care provider" means any person licensed
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250	250	1 under federal, State, or local law or the laws of a foreign
251	251	2 nation to provide health care services or any other person who
252	252	3 has been authorized to provide health care by a licensed
253	253	4 health care provider.
254	254	5 (15) "Intermittent leave" means a non-consecutive leave
255	255	6 consisting of intervals, each of which is at least one, but
256	256	7 fewer than 12, weeks within a consecutive 12-month period.
257	257	8 (16) "Parent of an eligible employee" means a biological
258	258	9 parent, foster parent, adoptive parent, or stepparent of the
259	259	10 eligible employee or a person who was a legal guardian of, or
260	260	11 who stood in loco parentis to, the eligible employee when the
261	261	12 eligible employee was a child.
262	262	13 (17) "Placement for adoption" means the time when an
263	263	14 eligible employee adopts a child or becomes responsible for a
264	264	15 child pending adoption by the eligible employee.
265	265	16 (18) "Serious health condition" means an illness, injury,
266	266	17 impairment, or physical or mental condition that requires
267	267	18 inpatient care in a hospital, hospice, or residential medical
268	268	19 care facility or continuing medical treatment or continuing
269	269	20 supervision by a health care provider.
270	270	21 (19) "12-month period" means, with respect to an employee
271	271	22 who establishes a valid claim for family leave benefits during
272	272	23 a period of family leave, the 365 consecutive days that begin
273	273	24 with the first day that the employee first establishes the
274	274	25 claim.
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285	285	1 Section 15. Family leave program.
286	286	2 (a) Subject to appropriation, the Department shall
287	287	3 establish and administer a family leave program.
288	288	4 (b) The Department shall establish procedures and forms
289	289	5 for filing claims for benefits under this Act.
290	290	6 (c) The Department shall use information sharing and
291	291	7 integration technology to facilitate the disclosure of
292	292	8 relevant information or records by the Department of
293	293	9 Employment Security.
294	294	10 (d) Information contained in the files and records
295	295	11 pertaining to an employee under this Act is confidential and
296	296	12 not open to public inspection, other than to public employees
297	297	13 in the performance of their official duties. However, the
298	298	14 employee or an authorized representative of an employee may
299	299	15 review the records or receive specific information from the
300	300	16 records on the presentation of the signed authorization of the
301	301	17 employee. An employer or the employer's duly authorized
302	302	18 representative may review the records of an employee employed
303	303	19 by the employer in connection with a pending claim. At the
304	304	20 Department's discretion, other persons may review records when
305	305	21 such persons are rendering assistance to the Department at any
306	306	22 stage of the proceedings on any matter pertaining to the
307	307	23 administration of this Act.
308	308	24 An employer must keep at its place of business records of
309	309	25 employment from which the information needed by the Department
310	310	26 for purposes of this Act may be obtained. The records shall at
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321	321	1 all times be open to the inspection of the Department pursuant
322	322	2 to rules adopted by the Department.
323	323	3 (e) The Department shall develop and implement an outreach
324	324	4 program to ensure that individuals who may be eligible to
325	325	5 receive family leave benefits under this Act are made aware of
326	326	6 these benefits. Outreach information shall explain, in an easy
327	327	7 to understand format, eligibility requirements, the claims
328	328	8 process, weekly benefit amounts, maximum benefits payable,
329	329	9 notice requirements, reinstatement and nondiscrimination
330	330	10 rights, confidentiality, and coordination of leave under this
331	331	11 Act and other laws, collective bargaining agreements, and
332	332	12 employer policies. Outreach information shall be available in
333	333	13 English and in languages other than English that are spoken as
334	334	14 a primary language by a significant portion of the State's
335	335	15 population, as determined by the Department.
336	336	16 Section 20. Eligibility for benefits.
337	337	17 (a) The Department may require that a claim for family
338	338	18 leave benefits under this Section be supported by a
339	339	19 certification issued by a health care provider who is
340	340	20 providing care to the employee or the employee's family member
341	341	21 if applicable.
342	342	22 (b) An employee is not eligible for family leave benefits
343	343	23 under this Section for any week for which the employee
344	344	24 receives paid family leave from his or her employer. If an
345	345	25 employer provides paid family leave, the employee may elect
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356	356	1 whether first to use the paid family leave or to receive family
357	357	2 leave benefits under this Section. An employee may not be
358	358	3 required to use paid family leave to which the employee is
359	359	4 entitled before receiving family leave benefits under this
360	360	5 Section.
361	361	6 (c) This Section does not limit an employee's right to
362	362	7 take leave from employment under other laws or employer
363	363	8 policy.
364	364	9 (d) The eligibility of an employee for benefits is not
365	365	10 affected by a strike or lockout at the factory, establishment,
366	366	11 or other premises at which the employee is or was last
367	367	12 employed.
368	368	13 (e) An employee who has received benefits under this
369	369	14 Section may not lose any other employment benefits, including
370	370	15 seniority or pension rights, accrued before the date that
371	371	16 family leave commenced. However, this Section does not entitle
372	372	17 an employee to accrue employment benefits during a period of
373	373	18 family leave or to a right, benefit, or position of employment
374	374	19 other than a right, benefit, or position to which the employee
375	375	20 would have been entitled had the employee not taken family
376	376	21 leave.
377	377	22 (f) This Section does not diminish an employer's
378	378	23 obligation to comply with a collective bargaining agreement or
379	379	24 an employment benefits program or plan that provides greater
380	380	25 benefits to employees than the benefits provided under this
381	381	26 Section.
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392	392	1 (g) An agreement by an employee to waive the employee's
393	393	2 rights under this Section is void as contrary to public
394	394	3 policy. The benefits under this Section may not be diminished
395	395	4 by a collective bargaining agreement or another employment
396	396	5 benefits program or plan entered into or renewed after the
397	397	6 effective date of this Act.
398	398	7 (h) Nothing in this Act shall be deemed to affect the
399	399	8 validity or change the terms of bona fide collective
400	400	9 bargaining agreements in force on the effective date of this
401	401	10 Act. After that date, requirements of this Act may be waived in
402	402	11 a bona fide collective bargaining agreement, but only if the
403	403	12 waiver is set forth explicitly in such agreement in clear and
404	404	13 unambiguous terms.
405	405	14 (i) This Section does not create a continuing entitlement
406	406	15 or contractual right.
407	407	16 Section 25. Disqualification from benefits.
408	408	17 (a) An employee is disqualified from family leave benefits
409	409	18 under this Act if the employee:
410	410	19 (1) willfully makes a false statement or
411	411	20 misrepresentation regarding a material fact, or willfully
412	412	21 fails to disclose a material fact, to obtain benefits;
413	413	22 (2) seeks benefits based on an intentionally
414	414	23 self-inflicted serious health condition; or
415	415	24 (3) seeks benefits based on a serious health condition
416	416	25 that resulted from the employee's commission of a felony.
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427	427	1 (b) A disqualification for family leave benefits is for a
428	428	2 period of 2 years, and commences on the first day of the
429	429	3 calendar week in which the employee filed a claim for benefits
430	430	4 under this Act. An employee who is disqualified for benefits
431	431	5 is liable to the Department for a penalty in an amount equal to
432	432	6 15% of the amount of benefits received by the employee.
433	433	7 Section 30. State Benefits Fund.
434	434	8 (a) The State Benefits Fund is created as a special fund in
435	435	9 the State treasury. Subject to appropriation, moneys in the
436	436	10 Fund may be used for the payment of family leave benefits and
437	437	11 for the administration of this Act. All interest and other
438	438	12 earnings that accrue from investment of moneys in the Fund
439	439	13 shall be credited to the Fund.
440	440	14 (b) An employer shall retain from all employees a payroll
441	441	15 premium deduction in the amount of 0.5% of wages. The
442	442	16 Department shall by rule provide for the collection of this
443	443	17 payroll premium deduction.
444	444	18 The amount of the payroll premium imposed under this
445	445	19 Section, less refunds authorized by this Act, and all
446	446	20 assessments and penalties collected under this Act shall be
447	447	21 deposited into and credited to the Fund.
448	448	22 (c) A separate account, to be known as the Administration
449	449	23 Account, shall be maintained in the Fund. An amount determined
450	450	24 by the Department sufficient for proper administration, not to
451	451	25 exceed, however, 0.1% of wages, shall be credited to the
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462	462	1 Administration Account. The expenses of the Department in
463	463	2 administering the Fund and its accounts shall be charged
464	464	3 against the Administration Account. The costs of
465	465	4 administration of this Act shall be charged to the
466	466	5 Administration Account.
467	467	6 (d) A separate account, to be known as the Family Leave
468	468	7 Benefits Account, shall be maintained in the Fund. The account
469	469	8 shall be charged with all benefit payments. Prior to July 1 of
470	470	9 each calendar year, the Department shall determine the average
471	471	10 rate of interest and other earnings on all investments of the
472	472	11 Fund for the preceding calendar year. If there is an
473	473	12 accumulated deficit in the Family Leave Benefits Account in
474	474	13 excess of $200,000 at the end of any calendar year after
475	475	14 interest and other earnings have been credited as provided in
476	476	15 this Section, the Department shall determine the ratio of the
477	477	16 deficit to the total of all taxable wages paid during the
478	478	17 preceding calendar year and shall make an assessment against
479	479	18 all employers in an amount equal to the taxable wages paid by
480	480	19 them during the preceding calendar year to employees,
481	481	20 multiplied by the ratio, but in no event shall any such
482	482	21 assessment exceed 0.1% of such wages. The amounts shall be
483	483	22 collectible by the Department in the same manner as provided
484	484	23 for the collection of employer contributions under the
485	485	24 Unemployment Insurance Act. In making this assessment, the
486	486	25 Department shall furnish to each affected employer a brief
487	487	26 summary of the determination of the assessment. The amount of
488	488
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498	498	1 such assessments collected by the Department shall be credited
499	499	2 to the Family Leave Benefits Account. As used in this Section,
500	500	3 "wages" means wages as provided in Section 235 of the
501	501	4 Unemployment Insurance Act.
502	502	5 (e) A board of trustees, consisting of the State
503	503	6 Treasurer, the Secretary of State, the Director of Labor, the
504	504	7 Director of Employment Security, and the State Comptroller, is
505	505	8 hereby created. The board shall invest and reinvest all moneys
506	506	9 in the Fund in excess of its cash requirements in obligations
507	507	10 legal for savings banks.
508	508	11 (f) The Department may adjust rates, not to exceed the
509	509	12 amount established in subsection (b) of this Section, for the
510	510	13 collection of premiums pursuant to subsection (b) of this
511	511	14 Section. The Department shall set rates for premiums in a
512	512	15 manner that minimizes the volatility of the rates assessed and
513	513	16 so that at the end of the period for which the rates are
514	514	17 effective, the cash balance shall be an amount approximating
515	515	18 12 months of projected expenditures from the Fund, considering
516	516	19 the functions and duties of the Department under this Act.
517	517	20 (g) An employer required to pay premiums under this
518	518	21 Section shall make and file a report of employee hours worked
519	519	22 and amounts due under this Section upon a combined report form
520	520	23 prescribed by the Department. The report shall be filed with
521	521	24 the Department at the times and in the manner prescribed by the
522	522	25 Department.
523	523	26 (h) If the employer is a temporary employment agency that
524	524
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534	534	1 provides employees on a temporary basis to its customers, the
535	535	2 temporary employment agency is considered the employer for
536	536	3 purposes of this Section.
537	537	4 (i) When an employer quits business or sells out,
538	538	5 exchanges, or otherwise disposes of the business or stock of
539	539	6 goods, any premium payable under this Section is immediately
540	540	7 due and payable, and the employer shall, within 10 days
541	541	8 thereafter, pay the premium due. A person who becomes a
542	542	9 successor to the business is liable for the full amount of the
543	543	10 premium and shall withhold from the purchase price a sum
544	544	11 sufficient to pay any premium due from the employer until the
545	545	12 employer produces a receipt from the Department showing
546	546	13 payment in full of any premium due or a certificate that no
547	547	14 premium is due. If the premium is not paid by the employer
548	548	15 within 10 days after the date of the sale, exchange, or
549	549	16 disposal, the successor is liable for the payment of the full
550	550	17 amount of the premium. The successor's payment of the premium
551	551	18 is, to the extent of the payment, a payment upon the purchase
552	552	19 price, and if the payment is greater in amount than the
553	553	20 purchase price, the amount of the difference is a debt due the
554	554	21 successor from the employer.
555	555	22 A successor is not liable for any premium due from the
556	556	23 person from whom the successor has acquired a business or
557	557	24 stock of goods if the successor gives written notice to the
558	558	25 Department of the acquisition and no assessment is issued by
559	559	26 the Department within one year after receipt of the notice
560	560
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563	563
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570	570	1 against the former operator of the business.
571	571	2 Section 35. Compensation for family leave.
572	572	3 (a) An individual's weekly benefit rate shall be 85% of
573	573	4 his or her average weekly wage, subject to a maximum of $881
574	574	5 per week paid to workers by employers, as determined pursuant
575	575	6 to Section 401 of the Unemployment Insurance Act; however, the
576	576	7 individual's benefit rate shall be computed to the next lower
577	577	8 multiple of $1 if not already a multiple thereof. The amount of
578	578	9 benefits for each day of family leave for which benefits are
579	579	10 payable shall be one-seventh of the corresponding weekly
580	580	11 benefit amount; provided that the total benefits for a
581	581	12 fractional part of a week shall be computed to the next lower
582	582	13 multiple of $1 if not already a multiple thereof.
583	583	14 (b) With respect to any period of family leave and while an
584	584	15 individual is an eligible employee, family benefits not in
585	585	16 excess of the individual's maximum benefits shall be payable
586	586	17 with respect to the first day of leave taken after the first
587	587	18 one-week period following the commencement of the period of
588	588	19 family leave and each subsequent day of family leave during
589	589	20 that period of family leave; and if benefits become payable on
590	590	21 any day after the first 3 weeks in which leave is taken, then
591	591	22 benefits shall also be payable with respect to any leave taken
592	592	23 during the first one-week period in which leave is taken. The
593	593	24 maximum total benefits payable to any eligible individual
594	594	25 commencing on or after the effective date of this Act shall be
595	595
596	596
597	597
598	598
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605	605	1 12 times the individual's weekly benefit amount or one-third
606	606	2 of his or her total wages in his or her base year, whichever is
607	607	3 the lesser; provided that the maximum amount shall be computed
608	608	4 in the next lower multiple of $1 if not already a multiple
609	609	5 thereof.
610	610	6 (c) All of the family leave benefits paid to an eligible
611	611	7 employee during a period of family leave with respect to any
612	612	8 one birth or adoption shall be for a single continuous period
613	613	9 of time, except that the employer of the eligible employee may
614	614	10 permit the eligible employee to receive the family leave
615	615	11 benefits during non-consecutive weeks in a manner mutually
616	616	12 agreed to by the employer and the eligible employee and
617	617	13 disclosed to the Department by the employer.
618	618	14 (d) Nothing in this Act shall be construed to prohibit the
619	619	15 establishment by an employer, without approval by the
620	620	16 Department, of a supplementary plan or plans providing for the
621	621	17 payment to employees, or to any class or classes of employees,
622	622	18 of benefits in addition to the benefits provided by this Act or
623	623	19 to prohibit the collection or receipt of additional voluntary
624	624	20 contributions from employees toward the cost of the additional
625	625	21 benefits. The rights, duties, and responsibilities of all
626	626	22 interested parties under the supplementary plans shall be
627	627	23 unaffected by any provision of this Act.
628	628	24 Section 40. Family leave; duration. An eligible employee
629	629	25 may take 12 weeks of family leave within any 24-month period in
630	630
631	631
632	632
633	633
634	634
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640	640	1 order to provide care made necessary by reasons identified in
641	641	2 Section 10. An eligible employee may take family leave on an
642	642	3 intermittent schedule in which all of the leave authorized
643	643	4 under this Act is not taken sequentially.
644	644	5 Section 45. Annual reports; contents.
645	645	6 (a) The Department shall issue and make available to the
646	646	7 public, not later than July 1, 2025 and July 1 of each
647	647	8 subsequent year, annual reports providing data on family leave
648	648	9 benefits claims involving pregnancy and childbirth, and family
649	649	10 leave benefits, including separate data for each of the
650	650	11 following categories of claims: the employee's own serious
651	651	12 illness; care of newborn children; care of newly adopted
652	652	13 children; care of sick children; care of sick spouses; and
653	653	14 care of other sick family members. The reports shall include,
654	654	15 for each category of claims, the number of workers receiving
655	655	16 the benefits, the amount of benefits paid, the average
656	656	17 duration of benefits, the average weekly benefit, and any
657	657	18 reported amount of sick leave, vacation, or other fully paid
658	658	19 time which resulted in reduced benefit duration. The report
659	659	20 shall provide data by gender and by any other demographic
660	660	21 factors determined to be relevant by the Department. The
661	661	22 reports shall also provide, for all family leave benefits, the
662	662	23 total costs of benefits and the total cost of administration,
663	663	24 the portion of benefits for claims during family leave, and
664	664	25 the total revenues from employer assessments, where
665	665
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668	668
669	669
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675	675	1 applicable; employee assessments; and other sources.
676	676	2 (b) The Department may, in its discretion, conduct surveys
677	677	3 and other research regarding, and include in the annual
678	678	4 reports descriptions and evaluations of the impact and
679	679	5 potential future impact of the costs and benefits resulting
680	680	6 from the provisions of this Act for:
681	681	7 (1) employees and their families, including surveys
682	682	8 and evaluations of what portion of the total number of
683	683	9 employees taking leave would not have taken leave, or
684	684	10 would have taken less leave, without the availability of
685	685	11 benefits; what portion of employees return to work after
686	686	12 receiving benefits and what portion are not permitted to
687	687	13 return to work; and what portion of employees who are
688	688	14 eligible for benefits do not claim or receive them and why
689	689	15 they do not;
690	690	16 (2) employers, including benefits such as reduced
691	691	17 training and other costs related to reduced turnover of
692	692	18 personnel, and increased affordability of family leave
693	693	19 through the State, with special attention given to small
694	694	20 businesses; and
695	695	21 (3) the public, including savings caused by any
696	696	22 reduction in the number of people receiving public
697	697	23 assistance.
698	698	24 (c) The total amount of any expenses that the Department
699	699	25 determines are necessary to carry out its duties pursuant to
700	700	26 this Section shall be charged to the Administration Account of
701	701
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711	711	1 the Fund.
712	712	2 Section 50. Hearings. A person aggrieved by a decision of
713	713	3 the Department under this Act may request a hearing. The
714	714	4 Department shall adopt rules governing hearings and the
715	715	5 issuance of final orders under this Act in accordance with the
716	716	6 provisions of the Illinois Administrative Procedure Act. All
717	717	7 final administrative decisions of the Department under this
718	718	8 Act are subject to judicial review under the Administrative
719	719	9 Review Law.
720	720	10 Section 55. Prohibited acts. No employer, temporary
721	721	11 employment agency, employment agency, employee organization,
722	722	12 or other person shall discharge, expel, or otherwise
723	723	13 discriminate against a person because the person has filed or
724	724	14 communicated to the employer an intent to file a claim, a
725	725	15 complaint, or an appeal or has testified or is about to testify
726	726	16 or has assisted in any proceeding, under this Act, at any time.
727	727	17 Section 60. Penalties.
728	728	18 (a) A person who makes a false statement or
729	729	19 representation, knowing it to be false, or knowingly fails to
730	730	20 disclose a material fact to obtain or increase any family
731	731	21 leave benefit during a period of family leave, either for
732	732	22 himself or herself or for any other person, shall be liable for
733	733	23 a civil penalty of $250 to be paid to the Department. Each such
734	734
735	735
736	736
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744	744	1 false statement or representation or failure to disclose a
745	745	2 material fact shall constitute a separate offense. Upon
746	746	3 refusal to pay such civil penalty, the civil penalty shall be
747	747	4 recovered in a civil action by the Attorney General on behalf
748	748	5 the Department in the name of the State of Illinois. If, in any
749	749	6 case in which liability for the payment of a civil penalty has
750	750	7 been determined, any person who has received any benefits
751	751	8 under this Act by reason of the making of such false statements
752	752	9 or representations or failure to disclose a material fact
753	753	10 shall not be entitled to any benefits under this Act for any
754	754	11 leave occurring prior to the time he or she has discharged his
755	755	12 or her liability to pay the civil penalty.
756	756	13 (b) A person who willfully violates any provision of this
757	757	14 Act or any rule adopted under this Act for which a civil
758	758	15 penalty is neither prescribed in this Act nor provided by any
759	759	16 other applicable law shall be subject to a civil penalty of
760	760	17 $500 to be paid to the Department. Upon the refusal to pay such
761	761	18 civil penalty, the civil penalty shall be recovered in a civil
762	762	19 action by the Attorney General on behalf of the Department in
763	763	20 the name of the State of Illinois.
764	764	21 (c) A person, employing unit, employer, or entity
765	765	22 violating any provision of this Section with intent to defraud
766	766	23 the Department is guilty of a Class C misdemeanor. The fine
767	767	24 upon conviction shall be payable to the Fund. Any penalties
768	768	25 imposed by this subsection shall be in addition to those
769	769	26 otherwise prescribed in this Section.
770	770
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780	780	1 Section 65. Leave and employment protection.
781	781	2 (a) During a period in which an employee receives family
782	782	3 leave benefits under this Act, the employee is entitled to
783	783	4 family leave and, at the established ending date of leave, to
784	784	5 be restored to a position of employment with the employer from
785	785	6 whom leave was taken as provided under subsection (b).
786	786	7 (b) Except as provided in subsection (f), an employee who
787	787	8 receives family leave benefits under this Act for the intended
788	788	9 purpose of the family leave is entitled, on return from the
789	789	10 leave:
790	790	11 (1) to be restored by the employer to the position of
791	791	12 employment held by the employee when the family leave
792	792	13 commenced; or
793	793	14 (2) to be restored to an equivalent position with
794	794	15 equivalent employment benefits, pay, and other terms and
795	795	16 conditions of employment at a workplace within 20 miles of
796	796	17 the employee's workplace when the family leave commenced.
797	797	18 (c) The taking of family leave under this Act may not
798	798	19 result in the loss of any employment benefits accrued before
799	799	20 the date on which the family leave commenced.
800	800	21 (d) Nothing in this Section entitles a restored employee
801	801	22 to:
802	802	23 (1) the accrual of any seniority or employment
803	803	24 benefits during any period of family leave; or
804	804	25 (2) any right, benefit, or position of employment
805	805
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811	811
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815	815	1 other than any right, benefit, or position to which the
816	816	2 employee would have been entitled to had the employee not
817	817	3 taken the family leave.
818	818	4 (e) Nothing in this Section prohibits an employer from
819	819	5 requiring an employee on family leave to report periodically
820	820	6 to the employer on the status and intention of the employee to
821	821	7 return to work.
822	822	8 (f) An employer may deny restoration under subsection (b)
823	823	9 to a salaried employee who is among the highest paid 10% of the
824	824	10 employees employed by the employer within 75 miles of the
825	825	11 facility at which the employee is employed if:
826	826	12 (1) denial is necessary to prevent substantial and
827	827	13 grievous economic injury to the operations of the
828	828	14 employer;
829	829	15 (2) the employer notifies the employee of the intent
830	830	16 of the employer to deny restoration on such basis at the
831	831	17 time the employer determines that the injury would occur;
832	832	18 and
833	833	19 (3) the family leave has commenced and the employee
834	834	20 elects not to return to employment after receiving the
835	835	21 notice.
836	836	22 Section 70. Notice to employer.
837	837	23 (a) If the necessity for family leave for the birth or
838	838	24 placement of a child is foreseeable based on an expected birth
839	839	25 or placement, the employee shall provide the employer with not
840	840
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850	850	1 less than 30 days' notice, before the date the leave is to
851	851	2 begin, of the employee's intention to take leave for the birth
852	852	3 or placement of a child, except that if the date of the birth
853	853	4 or placement requires leave to begin in less than 30 days, the
854	854	5 employee shall provide such notice as is practicable.
855	855	6 (b) If the necessity for family leave for an employee's or
856	856	7 a family member's serious health condition is foreseeable
857	857	8 based on planned medical treatment, the employee:
858	858	9 (1) must make a reasonable effort to schedule the
859	859	10 treatment so as not to disrupt unduly the operations of
860	860	11 the employer; and
861	861	12 (2) must provide the employer with not less than 30
862	862	13 days' notice, before the date the leave is to begin, of the
863	863	14 employee's intention to take leave for his, her, or a
864	864	15 family member's serious health condition, except that if
865	865	16 the date of the treatment requires leave to begin in less
866	866	17 than 30 days, the employee must provide such notice as is
867	867	18 practicable.
868	868	19 Section 75. Coordination of leave.
869	869	20 (a) Family leave taken under this Act must be taken
870	870	21 concurrently with any leave taken under the Federal Family and
871	871	22 Medical Leave Act of 1993.
872	872	23 (b) An employer may require that family leave taken under
873	873	24 this Act be taken concurrently or otherwise coordinated with
874	874	25 leave allowed under the terms of a collective bargaining
875	875
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885	885	1 agreement or employer policy, as applicable, for the birth or
886	886	2 placement of a child. The employer must give his or her
887	887	3 employees written notice of this requirement.
888	888	4 Section 80. Rules. The Department may adopt any rules
889	889	5 necessary to implement the provisions of this Act. In adopting
890	890	6 rules, the Department shall maintain consistency with the
891	891	7 regulations adopted to implement the Federal Family and
892	892	8 Medical Leave Act of 1993 to the extent such regulations are
893	893	9 not in conflict with this Act.
894	894	10 Section 85. Authority to contract. The Department may
895	895	11 contract or enter into interagency agreements with other State
896	896	12 agencies for the initial administration of the Family Leave
897	897	13 Program.
898	898	14 Section 175. Severability. The provisions of this Act are
899	899	15 severable under Section 1.31 of the Statute on Statutes.
900	900	16 Section 900. The State Finance Act is amended by adding
901	901	17 Section 5.990 as follows:
902	902	18 (30 ILCS 105/5.990 new)
903	903	19 Sec. 5.990. The State Benefits Fund.
904	904
905	905
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