Illinois 2023-2024 Regular Session

Illinois House Bill HB1530 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 HB1530 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new Creates the Family and Medical Leave Insurance Program Act. Requires the Department of Employment Security to establish and administer a Family and Medical Leave Insurance Program that provides family and medical 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 and medical leave; defined terms; and other matters. Amends the State Finance Act. Creates the Family and Medical 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, 2024. LRB103 26031 SPS 52386 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1530 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new Creates the Family and Medical Leave Insurance Program Act. Requires the Department of Employment Security to establish and administer a Family and Medical Leave Insurance Program that provides family and medical 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 and medical leave; defined terms; and other matters. Amends the State Finance Act. Creates the Family and Medical 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, 2024. LRB103 26031 SPS 52386 b LRB103 26031 SPS 52386 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1530 Introduced , by Rep. Sonya M. Harper 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 and Medical Leave Insurance Program Act. Requires the Department of Employment Security to establish and administer a Family and Medical Leave Insurance Program that provides family and medical 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 and medical leave; defined terms; and other matters. Amends the State Finance Act. Creates the Family and Medical 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, 2024.
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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 and Medical Leave Insurance Act.
17	17	6 Section 5. Declaration of policy and intent. Many workers
18	18	7 do not have access to family and medical leave programs, those
19	19	8 who do may not be in a financial position to take family or
20	20	9 medical leave that is unpaid, and employer-paid benefits meet
21	21	10 only a relatively small part of this need. It is the public
22	22	11 policy of this State to protect working individuals and their
23	23	12 families against the economic hardship caused by the need to
24	24	13 take time off from work to care for themselves or family
25	25	14 members who are suffering from a serious illness, for a
26	26	15 newborn or a newly adopted or foster child, for pregnancy and
27	27	16 related conditions, for the health and caregiving needs of
28	28	17 military families, or to cope with domestic and sexual
29	29	18 violence.
30	30	19 The disparities for access to and the need for leave cut
31	31	20 across income and other demographics. Higher income workers
32	32	21 have greater access to paid leave than lower income workers;
33	33	22 women workers have higher rates of unmet need for leave than
34	34	23 men; Black, Asian American, Pacific Islander, and Native
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1530 Introduced , by Rep. Sonya M. Harper 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 and Medical Leave Insurance Program Act. Requires the Department of Employment Security to establish and administer a Family and Medical Leave Insurance Program that provides family and medical 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 and medical leave; defined terms; and other matters. Amends the State Finance Act. Creates the Family and Medical 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, 2024.
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71	71	1 American workers have higher rates of unmet need for leave
72	72	2 than white workers; and Hispanic workers are less likely than
73	73	3 non-Hispanic workers to have access to paid leave in the first
74	74	4 place.
75	75	5 Moreover, in 73% of all Illinois households with children,
76	76	6 more than 2,000,000 homes, all parents have paying jobs.
77	77	7 Illinois mothers are key family breadwinners in 84% of black
78	78	8 families, 49% of Latinx families, and 48% of white families.
79	79	9 While women make up half of the workforce, they are
80	80	10 responsible for the majority of unpaid family household and
81	81	11 care work, which has a significant impact on their health and
82	82	12 well-being. Maintaining an attachment to the workforce is
83	83	13 vital to women's economic stability; an employment gap of just
84	84	14 one year leads to a 39% decrease in annual earnings, and that
85	85	15 disparity increases over time. With the demographic shift
86	86	16 toward an aging population, the need for family caregiving
87	87	17 continues to grow. In less than 15 years, the share of the
88	88	18 State's population of individuals aged 65 and over will grow
89	89	19 by one-third. If any of these women take unpaid leave, her
90	90	20 whole family, and Illinois, suffers.
91	91	21 The United States is the only industrialized nation in the
92	92	22 world that does not have a mandatory workplace-based program
93	93	23 for such income support. The negative economic impact on
94	94	24 families and our economy is real. A U.S. Department of Labor
95	95	25 report indicates if women participated in the labor force at
96	96	26 the same rate as women in countries with paid leave, our
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107	107	1 economy would benefit from more than $500 billion in
108	108	2 additional economic activity.
109	109	3 Providing parents and caregivers with paid leave from work
110	110	4 to care for their infants and young children is critical to the
111	111	5 healthy development of children and families. Attentive and
112	112	6 consistent relationships between very young children and their
113	113	7 families help children develop the ability to learn, to form
114	114	8 positive relationships, and to exercise self-control. Without
115	115	9 paid family and medical leave, most families are forced to
116	116	10 choose between caring for their children and their economic
117	117	11 security.
118	118	12 The majority of Illinois small business owners and
119	119	13 entrepreneurs support a State-administered paid family and
120	120	14 medical leave program as it ensures economic security,
121	121	15 strengthens business recruitment and retention of employees,
122	122	16 and mitigates the loss of income for small business owners,
123	123	17 which comprise over 90% of businesses in the United States,
124	124	18 including the self-employed and businesses with under 10
125	125	19 employees.
126	126	20 It is therefore desirable and necessary to develop systems
127	127	21 that help individuals and families adapt to the competing
128	128	22 interests of work and home, which not only benefit workers,
129	129	23 but also benefit employers by reducing employee turnover and
130	130	24 increasing worker productivity.
131	131	25 It is the intent of the General Assembly to create a family
132	132	26 and medical leave program to relieve the serious menace to
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143	143	1 health, morals, and welfare of Illinois families, to increase
144	144	2 workplace productivity, and to alleviate the enormous and
145	145	3 growing stress on working families of balancing the demands of
146	146	4 work and family needs. It is the intent of the General Assembly
147	147	5 that this Act shall be liberally construed in favor of
148	148	6 providing workers with the greatest amount of paid family and
149	149	7 medical leave coverage, benefits, and employment security.
150	150	8 Section 10. Definitions. In this Act:
151	151	9 (1) "Average weekly wage" means the amount derived by
152	152	10 dividing by 12 an employee's total earnings, including wages,
153	153	11 gratuities, bonuses, commissions, and any other compensation
154	154	12 that constitutes remuneration, earned during the quarter with
155	155	13 the highest earnings in the applicable benefit year, or the
156	156	14 amount derived by dividing by 12 an employee's total earnings,
157	157	15 including wages, gratuities, bonuses, commissions, and any
158	158	16 other compensation that constitutes remuneration, to fulfill a
159	159	17 contract for a covered business entity, earned in the quarter
160	160	18 with the highest earnings in the applicable benefit year, or
161	161	19 for individuals not currently employed or under contract, the
162	162	20 amount derived by dividing by 12 of an individual's total
163	163	21 earnings, including wages, gratuities, bonuses, commissions,
164	164	22 and any other compensation that constitutes remuneration,
165	165	23 earned during the quarter with the highest earnings earned in
166	166	24 the 4 quarters prior to the last day of employment or end of
167	167	25 contract.
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178	178	1 (2) "Benefit year" means the period of 52 consecutive
179	179	2 weeks beginning on the Sunday immediately preceding the first
180	180	3 day that family and medical leave under this Act commences for
181	181	4 the covered individual.
182	182	5 (3) "Care" includes, but is not limited to, physical or
183	183	6 psychological care, emotional support, visitation, arranging
184	184	7 for care or a change in care, assistance with essential daily
185	185	8 living matters, and personal attendant services.
186	186	9 (4) "Child" means a biological, adopted, or foster child,
187	187	10 a stepchild, grandchild, or legal ward, or a child for whom an
188	188	11 employee stands in loco parentis, a person to whom the
189	189	12 employee stood in loco parentis when the person was a minor
190	190	13 child, a child of the spouse of an employee, or a child of a
191	191	14 party to a civil union or legal guardianship, or any other
192	192	15 individual whose close association with the employee is the
193	193	16 equivalent of a child as determined by the employee,
194	194	17 regardless of age or dependency status.
195	195	18 (5) "Civil union" means a civil union as defined in the
196	196	19 Illinois Religious Freedom Protection and Civil Union Act.
197	197	20 (6) "Consecutive leave" means leave that is taken without
198	198	21 interruption based upon an employee's regular work schedule or
199	199	22 contract and does not include breaks in employment in which an
200	200	23 employee is not regularly scheduled to work. For example, when
201	201	24 an employee is normally scheduled to work from September
202	202	25 through June and is not scheduled to work during July and
203	203	26 August, a leave taken continuously during May, June, and
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214	214	1 September shall be considered a consecutive leave.
215	215	2 (7) "Contributions" or "premiums" means the payments made
216	216	3 by an employer, a covered business entity, or a self-employed
217	217	4 individual to the Family and Medical Leave Insurance Fund, as
218	218	5 required by this Act.
219	219	6 (8) "Covered business entity" means a business or trade
220	220	7 that contracts with one or more individuals for services and
221	221	8 is required to report the payment of services to such
222	222	9 individuals on IRS Form 1099-MISC or IRS Form 1099-K for more
223	223	10 than 25% of its Illinois workforce. Such individuals are
224	224	11 included in the covered business entity's workforce if the
225	225	12 contracts for services include, but are not limited to, oral
226	226	13 or written contracts, and services arranged through
227	227	14 application software designed to run on smartphones and other
228	228	15 mobile devices and software designed to run inside a web
229	229	16 browser. Covered business entities and individuals who
230	230	17 contract for services with covered business entities are
231	231	18 considered employers or employees where the context dictates.
232	232	19 (9) "Covered individual" means either:
233	233	20 (A) an individual who is or has been employed by any
234	234	21 combination of employers in the State of Illinois and
235	235	22 meets the financial eligibility requirements of subsection
236	236	23 (f) of Section 20;
237	237	24 (B) a self-employed individual who has: (i) elected
238	238	25 coverage under Section 25 and (ii) reported earnings to
239	239	26 the Illinois Department of Revenue from self-employment
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250	250	1 that meet the financial eligibility requirements of
251	251	2 subsection (f) of Section 20, as if the individual were an
252	252	3 employee;
253	253	4 (C) an individual who contracts for services with a
254	254	5 covered business entity;
255	255	6 (D) a domestic worker; or
256	256	7 (E) a former employee, self-employed individual,
257	257	8 individual who contracts for services with a covered
258	258	9 business entity, or a domestic worker, and has:
259	259	10 (i) met the financial eligibility requirements of
260	260	11 subsection (f) of Section 20 at the time of separation
261	261	12 from employment or the end of a contract; and
262	262	13 (ii) been separated from employment or the end of
263	263	14 a contract for not more than 52 weeks at the start of
264	264	15 the family or medical leave taken by the former
265	265	16 employee, self-employed individual, individual who
266	266	17 contracts for services with a covered business entity,
267	267	18 or is a domestic worker.
268	268	19 A covered individual is considered to be employed in the
269	269	20 State of Illinois if: (i) the individual works in Illinois;
270	270	21 (ii) the individual performs some work in Illinois and the
271	271	22 employer's base of operations or the place from which the work
272	272	23 is directed and controlled is in Illinois; or (iii) the base of
273	273	24 operations or place from which the work is directed or
274	274	25 controlled is not in any state in which some part of the work
275	275	26 is performed, but the individual's residence is in this State.
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286	286	1 (10) "Department" means the Department of Employment
287	287	2 Security.
288	288	3 (11) "Director" means the Director of Employment Security
289	289	4 and any transaction or exercise of authority by the Director
290	290	5 shall be deemed to be performed by the Department.
291	291	6 (12) "Domestic or sexual violence" means domestic
292	292	7 violence, sexual assault, or stalking.
293	293	8 (13) "Domestic violence" means abuse, as defined in
294	294	9 Section 103 of the Illinois Domestic Violence Act of 1986, by a
295	295	10 family or household member, as defined in Section 103 of the
296	296	11 Illinois Domestic Violence Act of 1986, or as defined in this
297	297	12 Act.
298	298	13 (14) "Domestic worker" has the meaning set forth in
299	299	14 Section 10 of the Domestic Workers' Bill of Rights. "Domestic
300	300	15 worker" also includes independent contractors, sole
301	301	16 proprietors, and partnerships who engage in "domestic work",
302	302	17 as defined in Section 10 of the Domestic Workers' Bill of
303	303	18 Rights Act.
304	304	19 (14) "Employ" means to suffer or permit to work.
305	305	20 (15) "Employee" means any individual or person who works
306	306	21 for an employer for wage, remuneration, or other compensation,
307	307	22 and works any number of hours, whether full-time or part-time
308	308	23 or on a temporary or contingent basis, and any individual who
309	309	24 contracts for services with a covered business entity or is a
310	310	25 domestic worker. Except for individuals or persons that
311	311	26 contract for services with a covered business entity or
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322	322	1 domestic workers who contract for services, "employee" does
323	323	2 not include any individual:
324	324	3 (A) who has been and will continue to be free from
325	325	4 control and direction over the performance of the
326	326	5 individual's work, both under the individual's contract of
327	327	6 service with the individual's employer and in fact; and
328	328	7 (B) who performs work which is either outside the
329	329	8 usual course of business or is performed outside all of
330	330	9 the places of business of the employer unless the employer
331	331	10 is in the business of contracting with third parties for
332	332	11 the placement of employees; and
333	333	12 (C) who is in an independently established trade,
334	334	13 occupation, profession or business.
335	335	14 (16) "Employer" means any individual, person, partnership,
336	336	15 association, limited liability company, trust, estate,
337	337	16 joint-stock company, insurance company, employment and labor
338	338	17 placement agency, or business where wages are made directly or
339	339	18 indirectly by the agency or business for work undertaken by
340	340	19 the employee under hire to a third party pursuant to a contract
341	341	20 between the agency or business with the third party, or
342	342	21 corporation, whether domestic or foreign, or the receiver,
343	343	22 trustee in bankruptcy, trustee, or person that has in its
344	344	23 employ one or more employees performing services for it.
345	345	24 "Employer" also includes any employer subject to the
346	346	25 Unemployment Insurance Act and any business or trade defined
347	347	26 as a covered business entity in this Act. All employees
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358	358	1 performing services within this State for any employing unit
359	359	2 that maintains 2 or more separate establishments within this
360	360	3 State shall be deemed to be employed by a single employing unit
361	361	4 for all purposes of this Act.
362	362	5 (17) "Employment benefits" means all benefits provided or
363	363	6 made available to employees by an employer, including, but not
364	364	7 limited to, life insurance, health insurance, disability
365	365	8 insurance, sick leave, annual or vacation leave, paid time
366	366	9 off, educational benefits, and pensions.
367	367	10 (18) "Family member" means an employee's child, spouse or
368	368	11 party to a civil union or legal guardianship, parent,
369	369	12 grandparent, grandchild, sibling, or any other individual
370	370	13 related by blood, marriage, or civil union, or whose close
371	371	14 relationship with the employee is the equivalent of a family
372	372	15 relationship as determined by the employee.
373	373	16 (19) "Family and medical leave" means leave taken by a
374	374	17 covered individual:
375	375	18 (A) to participate in the providing of care for a
376	376	19 family member of the covered individual made necessary by
377	377	20 a serious health condition of the family member;
378	378	21 (B) to be with a child during the first 12 months after
379	379	22 the child's birth, the first 12 months after the placement
380	380	23 of the child for adoption or foster care, the first 12
381	381	24 months after the child becomes a legal ward, or the first
382	382	25 12 months after in loco parentis status of the child is
383	383	26 acquired;
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394	394	1 (C) for the covered individual's own serious health
395	395	2 condition, including, but not limited to, conditions in
396	396	3 connection with pregnancy, recovery from childbirth,
397	397	4 related conditions even though the covered individual does
398	398	5 not receive treatment from a health care provider during
399	399	6 the absence, including, but not limited to, absence due to
400	400	7 morning sickness, a physical limitation arising from
401	401	8 pregnancy, or exposure to chemicals or hazardous material
402	402	9 that may be harmful, or any related condition;
403	403	10 (D) because of any qualifying exigency arising out of
404	404	11 the fact that a family member is on active duty (or has
405	405	12 been notified of an impending call or order to active
406	406	13 duty) in the Armed Forces of the United States;
407	407	14 (E) because the covered individual's or the covered
408	408	15 individual's family member is the victim of domestic or
409	409	16 sexual violence and the covered individual requests leave
410	410	17 because the victim is: (i) experiencing or has experienced
411	411	18 an incident of or ongoing domestic or sexual violence;
412	412	19 (ii) seeking medical attention for, or recovering from,
413	413	20 physical, emotional, or psychological injuries caused by
414	414	21 domestic or sexual violence; (iii) obtaining services from
415	415	22 a victim services organization; (iv) obtaining
416	416	23 psychological or other counseling; (v) participating in
417	417	24 safety planning, temporarily or permanently relocating, or
418	418	25 taking other actions to increase the safety of the victim
419	419	26 or the victim's family members from future domestic or
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430	430	1 sexual violence to ensure safety or economic security; or
431	431	2 (vi) seeking legal assistance or remedies to ensure the
432	432	3 health and safety of the victim or the victim's family
433	433	4 members, including preparing for or participating in any
434	434	5 civil or criminal legal proceeding related to or derived
435	435	6 from domestic or sexual violence;
436	436	7 (F) when a public health emergency or other disaster,
437	437	8 as defined in the Disaster Relief Act or Section 11 of the
438	438	9 Illinois Emergency Management Agency Act, has been
439	439	10 declared by a municipal, State, or federal official, and
440	440	11 until 10 weeks following the official termination or
441	441	12 suspension of the public health emergency or other
442	442	13 disaster, leave under this Act shall be implemented. Such
443	443	14 leave shall be provided for any reason related to a public
444	444	15 health emergency or other disaster, including, but not
445	445	16 limited to:
446	446	17 (i) the covered individual is subject to an
447	447	18 individual or general federal, State, or local
448	448	19 quarantine or isolation order related to a public
449	449	20 health emergency or other disaster;
450	450	21 (ii) the covered individual has been advised by a
451	451	22 health care provider to self-quarantine, or is
452	452	23 otherwise under quarantine, including self-imposed
453	453	24 quarantine, due to concerns related to a public health
454	454	25 emergency or other disaster;
455	455	26 (iii) the employee is experiencing symptoms
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466	466	1 related to a public health emergency or other disaster
467	467	2 and is seeking a medical diagnosis;
468	468	3 (iv) the covered individual is seeking preventive
469	469	4 care or other care or treatment related to a public
470	470	5 health emergency or other disaster;
471	471	6 (v) the covered individual is caring for a family
472	472	7 member who is subject to an order described in clause
473	473	8 (i), has been advised as described in clause (ii), is
474	474	9 experiencing symptoms or seeking preventive care as
475	475	10 described in clause (iii) or clause (iv), or whose
476	476	11 caregiving facility or caregiver is partially or
477	477	12 completely unavailable due to precautions related to a
478	478	13 public health emergency or other disaster;
479	479	14 (vi) the covered individual is caring for a child
480	480	15 of such covered individual if the school or place of
481	481	16 the care of the child has been partially or completely
482	482	17 closed, or the child care provider of such child is
483	483	18 partially or completely unavailable due to precautions
484	484	19 related to a public health emergency or other
485	485	20 disaster, including when the school or place of care
486	486	21 is (I) is physically closed but providing virtual
487	487	22 learning instruction; (II) requires or makes optional
488	488	23 virtual learning instruction; or (III) requires or
489	489	24 makes available a hybrid of in-person and virtual
490	490	25 learning instruction models;
491	491	26 (vii) the covered individual is experiencing any
492	492
493	493
494	494
495	495
496	496
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498	498
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502	502	1 other substantially similar condition specified by a
503	503	2 federal, State, or local government public health or
504	504	3 other official;
505	505	4 (viii) the covered individual's hours of work have
506	506	5 been reduced, the covered individual has been
507	507	6 furloughed, the covered individual has been terminated
508	508	7 from employment, or the covered individual's contract
509	509	8 for services has terminated; or
510	510	9 (ix) the employer is not following the recommended
511	511	10 health and safety guidance issued by a federal, State,
512	512	11 or local public official related to a public health
513	513	12 emergency or other disaster; or
514	514	13 (G) To care for a child if the child's school or place
515	515	14 of care has been partially or completely closed or if the
516	516	15 childcare provider is partially or completely unavailable
517	517	16 to provide for the child's well-being.
518	518	17 "Family and medical leave" does not include any period of
519	519	18 time during which a covered individual is paid benefits
520	520	19 pursuant to the Workers' Compensation Act because the covered
521	521	20 individual is unable to perform the duties of the covered
522	522	21 individual's employment due to the covered individual's own
523	523	22 disability or paid benefits pursuant to the Unemployment
524	524	23 Insurance Act.
525	525	24 (20) "Family and medical leave benefits" means any
526	526	25 payments that are payable to an individual for all or part of a
527	527	26 period of family and medical leave.
528	528
529	529
530	530
531	531
532	532
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534	534
535	535
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537	537	HB1530 - 15 - LRB103 26031 SPS 52386 b
538	538	1 (21) "Health care provider" means any person licensed
539	539	2 under federal, State, or local law, or the laws of a foreign
540	540	3 nation, to provide health care services, any other person who
541	541	4 has been authorized to provide health care by a licensed
542	542	5 health care provider, or any other individual determined by
543	543	6 the Department to be capable of providing health care
544	544	7 services.
545	545	8 (22) "Intermittent leave" means a nonconsecutive leave
546	546	9 consisting of intervals, each of which is at least one day
547	547	10 within a consecutive 12-month period.
548	548	11 (23) "Parent" means a biological parent, foster parent,
549	549	12 adoptive parent, stepparent, or parent-in-law of the covered
550	550	13 individual or a person who is or was a legal guardian of, or
551	551	14 who stood in loco parentis to, the covered individual when the
552	552	15 covered individual was a child, or any other individual whose
553	553	16 close association with the covered individual is the
554	554	17 equivalent of a parent as determined by the covered
555	555	18 individual.
556	556	19 (24) "Placement for adoption" means the time when a
557	557	20 covered individual adopts a child or becomes responsible for a
558	558	21 child pending adoption by the covered individual or the
559	559	22 covered individual's family member.
560	560	23 (25) "Qualifying exigency" means a need arising out of a
561	561	24 covered individual's family member's active duty service or
562	562	25 notice of an impending call or order to active duty in the
563	563	26 Armed Forces, including, but not limited to, providing for the
564	564
565	565
566	566
567	567
568	568
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570	570
571	571
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573	573	HB1530 - 16 - LRB103 26031 SPS 52386 b
574	574	1 care or other needs of the military member's family member,
575	575	2 making financial or legal arrangements for the military
576	576	3 member, attending counseling, attending military events or
577	577	4 ceremonies, spending time with the military member during a
578	578	5 rest and recuperation leave or following return from
579	579	6 deployment or making arrangements following the death of the
580	580	7 military member. "Armed Forces" includes the Army, Navy, Air
581	581	8 Force, Marine Corps, Coast Guard, and National Guard or
582	582	9 Reserves.
583	583	10 (26) "Self-employed individual" means a sole proprietor
584	584	11 that meets the specifications under the definition of the term
585	585	12 "employee", a member of a limited liability company or limited
586	586	13 liability partnership, or an individual who resides in
587	587	14 Illinois and whose net profit or loss from a business is
588	588	15 required to be reported to the Illinois Department of Revenue.
589	589	16 (27) "Serious health condition" means an illness, injury,
590	590	17 impairment, or physical or mental condition that requires
591	591	18 inpatient care in a hospital, hospice, or residential medical
592	592	19 care facility or continuing medical treatment, counseling, or
593	593	20 continuing supervision by a health care provider or victim
594	594	21 services organization. "Serious health condition" includes,
595	595	22 but is not limited to, conditions in connection with
596	596	23 pregnancy, recovery from childbirth, or any related condition.
597	597	24 (28) "Sexual assault" means any conduct proscribed by: (i)
598	598	25 Article 11 of the Criminal Code of 2012 except Sections 11-35
599	599	26 and 11-45; or (ii) Sections 12-13, 12-14, 12-14.1, 12-15, and
600	600
601	601
602	602
603	603
604	604
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606	606
607	607
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609	609	HB1530 - 17 - LRB103 26031 SPS 52386 b
610	610	1 12-16 of the Criminal Code of 2012.
611	611	2 (29) "Stalking" means any conduct proscribed by the
612	612	3 Criminal Code of 2012 in Sections 12-7.3, 12-7.4, and 12-7.5.
613	613	4 (30) "Statewide average weekly wage" means the wage
614	614	5 determined by the Department of Employment Security pursuant
615	615	6 to paragraph 2 of subsection B of Section 401 of the
616	616	7 Unemployment Insurance Act.
617	617	8 (31) "12-month period" means, with respect to an employee
618	618	9 who establishes a valid claim for family and medical leave
619	619	10 benefits during a period of family and medical leave, the 365
620	620	11 consecutive days that begin with the first day that the
621	621	12 employee first establishes the claim.
622	622	13 (32) "Fund" means the Family and Medical Leave Insurance
623	623	14 Fund established in Section 35.
624	624	15 (33) "Victim" or "survivor" means an individual who has
625	625	16 been subjected to domestic or sexual violence.
626	626	17 (34) "Victim services organization" means a nonprofit,
627	627	18 nongovernmental organization that provides assistance to
628	628	19 victims of domestic or sexual violence, including rape crisis
629	629	20 centers, organizations carrying out a domestic violence
630	630	21 program, organizations operating a shelter or providing
631	631	22 counseling services, or a legal services organization or other
632	632	23 organization providing assistance through the legal process.
633	633	24 (35) "Wages" means any remuneration owed an individual
634	634	25 pursuant to employment, an employment contract or agreement
635	635	26 between 2 or more parties or a contract for services with a
636	636
637	637
638	638
639	639
640	640
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642	642
643	643
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645	645	HB1530 - 18 - LRB103 26031 SPS 52386 b
646	646	1 covered business entity, whether paid directly or indirectly,
647	647	2 including, but not limited to, salaries, commissions,
648	648	3 gratuities, and bonuses, and reasonable cash value of board,
649	649	4 rent, housing, lodging, payment in kind and all remuneration
650	650	5 paid in any medium other than cash, and whether the amount is
651	651	6 determined on a time, task, piece, or any other basis of
652	652	7 calculation.
653	653	8 (36) "Weekly benefit amount" means the amount of wage
654	654	9 replacement paid to a covered individual on a weekly basis
655	655	10 while the covered individual is on family and medical leave,
656	656	11 as provided in Section 40.
657	657	12 Section 15. Family and medical leave insurance program.
658	658	13 (a) The Department shall establish and administer a family
659	659	14 and medical leave insurance program.
660	660	15 (b) The Department shall establish procedures and forms
661	661	16 for filing claims for benefits under this Act.
662	662	17 (c) The Department shall use information sharing and
663	663	18 integration technology to facilitate the disclosure of
664	664	19 relevant information or records by the Department.
665	665	20 (d) Information contained in the files and records
666	666	21 pertaining to an employee, an individual who contracts for
667	667	22 services with a covered business entity, a self-employed
668	668	23 individual, any covered individual under this Act, or a family
669	669	24 member of such individual is confidential and not open to
670	670	25 inspection other than by public employees in the performance
671	671
672	672
673	673
674	674
675	675
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677	677
678	678
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680	680	HB1530 - 19 - LRB103 26031 SPS 52386 b
681	681	1 of their official duties. However, the employee, an individual
682	682	2 who contracts for services with a covered business entity, a
683	683	3 self-employed individual, a covered individual, or an
684	684	4 authorized representative of an employee, an individual who
685	685	5 contracts for services with a covered business entity,
686	686	6 self-employed individual, or covered individual may review the
687	687	7 records or receive specific information from the records on
688	688	8 the presentation of the signed authorization of the employee,
689	689	9 individual who contracts for services with a covered business
690	690	10 entity, the self-employed individual, or the covered
691	691	11 individual. An employer, covered business entity, or the
692	692	12 employer's or covered business entity's duly authorized
693	693	13 representative may review the records of an employee employed
694	694	14 by the employer, individual who contracts for services with a
695	695	15 covered business entity, or self-employed individual in
696	696	16 connection with a pending claim, with the exception of any
697	697	17 protected health information provided to the Department by an
698	698	18 entity covered by the Health Insurance Portability and
699	699	19 Accountability Act or information related to a use of leave
700	700	20 authorized under paragraph (E) of item (19) of Section 10. At
701	701	21 the Department's discretion, other persons may review records
702	702	22 when such persons are rendering assistance to the Department
703	703	23 at any stage of the proceedings on any matter pertaining to the
704	704	24 administration of this Act. An employer and a covered business
705	705	25 entity must keep at its place of business for not less than 5
706	706	26 years from the date of a request for leave records from which
707	707
708	708
709	709
710	710
711	711
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713	713
714	714
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716	716	HB1530 - 20 - LRB103 26031 SPS 52386 b
717	717	1 the information needed by the Department for purposes of this
718	718	2 Act may be obtained. The records shall at all times be open to
719	719	3 the inspection of the Department pursuant to rules adopted by
720	720	4 the Department. An employer or covered business entity subject
721	721	5 to any provision of this Act shall make and preserve records
722	722	6 that document the name, address, and occupation of each
723	723	7 employee, individual who contracts for services with a covered
724	724	8 business entity, or domestic worker, the wages and any other
725	725	9 compensation paid, benefits provided, and contract for
726	726	10 services for each employee, individual with a contract for
727	727	11 services with a covered business entity, or domestic worker,
728	728	12 and any other information the Director may by rule deem
729	729	13 necessary and appropriate for enforcement of this Act. An
730	730	14 employer or covered business entity subject to any provision
731	731	15 of this Act shall preserve those records for a period of not
732	732	16 less than 5 years and shall make reports from the records as
733	733	17 prescribed by rule or order of the Director, unless the
734	734	18 records relate to an ongoing investigation or enforcement
735	735	19 action under this Act, in which case the records must be
736	736	20 maintained until their destruction is authorized by the
737	737	21 Department or by court order.
738	738	22 (e) The Department shall develop and implement an outreach
739	739	23 program to ensure that individuals who may be eligible to
740	740	24 receive family and medical leave benefits under this Act are
741	741	25 made aware of these benefits. Outreach information shall
742	742	26 explain, in an easy-to-understand format, eligibility
743	743
744	744
745	745
746	746
747	747
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749	749
750	750
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752	752	HB1530 - 21 - LRB103 26031 SPS 52386 b
753	753	1 requirements, the claims process, weekly benefit amounts,
754	754	2 maximum benefits payable, notice requirements, reinstatement
755	755	3 and nondiscrimination rights, confidentiality, and
756	756	4 coordination of leave under this Act and other laws,
757	757	5 collective bargaining agreements, and employer and covered
758	758	6 business entity policies. Outreach information shall be
759	759	7 available in English, Spanish, Polish, Russian, Tagalog,
760	760	8 Mandarin, and in other languages that are spoken as a primary
761	761	9 language by a significant portion of the State's population,
762	762	10 as determined by the Department.
763	763	11 (f) An employee, individual who contracts for services
764	764	12 with a covered business entity, or domestic worker may make a
765	765	13 claim for benefits under this Act on and after January 1 of the
766	766	14 year one year after the Department begins collecting employer
767	767	15 and covered business entity premium contributions under this
768	768	16 Act.
769	769	17 Section 20. Eligibility for benefits.
770	770	18 (a) The Department may require that a claim for family and
771	771	19 medical leave benefits under this Act be supported by a
772	772	20 certification. For a claim for family and medical leave under
773	773	21 paragraph (A), (B), or (C) of item (19) of Section 10, the
774	774	22 certification shall be issued by a health care provider of the
775	775	23 employee's, the individual who contracts for services for a
776	776	24 covered business entity's, or the covered individual's
777	777	25 choosing who is providing care to the employee or the
778	778
779	779
780	780
781	781
782	782
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784	784
785	785
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787	787	HB1530 - 22 - LRB103 26031 SPS 52386 b
788	788	1 employee's family member if applicable or the individual who
789	789	2 contracts for services with a covered business entity or such
790	790	3 individual's family member if applicable, or covered
791	791	4 individual or the covered individual's family member, however,
792	792	5 for a claim under paragraph (C) for leave for conditions in
793	793	6 connection with pregnancy, recovery after childbirth, or any
794	794	7 related conditions, leave shall be granted even though the
795	795	8 covered individual does not receive treatment from a health
796	796	9 care provider during the absence. For a claim for family and
797	797	10 medical leave because of a qualifying exigency under paragraph
798	798	11 (D), documentation shall be sufficient if it includes: (i) a
799	799	12 copy of the family member's active duty orders; (ii) other
800	800	13 documentation issued by the Armed Forces; or (iii) other
801	801	14 documentation permitted by the Department. For a claim for
802	802	15 family and medical leave under paragraph (E) of item (19) of
803	803	16 Section 10, any one of the following is acceptable for
804	804	17 certification, and only one of the following documents shall
805	805	18 be required: a police report, court document, document issued
806	806	19 by a healthcare provider, or a signed statement from an
807	807	20 attorney, a member of the clergy, or a victim services
808	808	21 organization or advocate. It is up to the employee, individual
809	809	22 who contracts for services with a covered business entity, or
810	810	23 covered individual to determine which documentation to submit.
811	811	24 If documentation has been submitted, the Department or the
812	812	25 employer or covered business entity shall not request or
813	813	26 require any other documentation if the reason for the initial
814	814
815	815
816	816
817	817
818	818
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820	820
821	821
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823	823	HB1530 - 23 - LRB103 26031 SPS 52386 b
824	824	1 or subsequent claims for family and medical leave is related
825	825	2 to the same incident of violence or the same perpetrator of the
826	826	3 violence. For leave under paragraphs (F) and (G) of item (19)
827	827	4 of Section 10, a statement signed by the covered individual is
828	828	5 acceptable documentation for certification.
829	829	6 (b) The eligibility for benefits of an employee, an
830	830	7 individual who contracts with a covered business entity, or a
831	831	8 domestic worker is not affected by a strike or lockout at the
832	832	9 factory, establishment, or other premises at which the
833	833	10 employee is or was last employed.
834	834	11 (c) An employee, individual who contracts for services
835	835	12 with a covered business entity, or domestic worker who has
836	836	13 received benefits under this Act may not lose any other
837	837	14 employment benefits, including seniority or pension rights,
838	838	15 accrued before the date that family and medical leave
839	839	16 commenced. The employer or covered business entity shall
840	840	17 maintain during any period of family and medical leave taken
841	841	18 the health benefits of the employee and, if applicable, the
842	842	19 dependents of the employee, the individual who contracts for
843	843	20 services with a covered business entity, or the domestic
844	844	21 worker in force at the time a request for family and medical
845	845	22 leave was made, for the duration of such leave as if the
846	846	23 employee, individual who contracts for services with a covered
847	847	24 business entity, or domestic worker had continued to work from
848	848	25 the date the employee, individual who contracts for services
849	849	26 with a covered business entity, or domestic worker commenced
850	850
851	851
852	852
853	853
854	854
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856	856
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859	859	HB1530 - 24 - LRB103 26031 SPS 52386 b
860	860	1 the family and medical leave until the date the employee,
861	861	2 individual who contracts for services with a covered business
862	862	3 entity, or domestic worker returns to work. However, this
863	863	4 Section does not entitle an employee, individual who contracts
864	864	5 for services with a covered business entity, or domestic
865	865	6 worker to accrue employment benefits during a period of family
866	866	7 and medical leave or to a right, benefit, or position of
867	867	8 employment other than a right, benefit, or position to which
868	868	9 the employee, individual who contract for services with a
869	869	10 covered business entity, or domestic worker would have been
870	870	11 entitled had the employee, individual who contracts for
871	871	12 services with a covered business entity, or domestic worker
872	872	13 not taken family and medical leave.
873	873	14 (d) This Act does not diminish an employer's or covered
874	874	15 business entity's obligation to comply with a collective
875	875	16 bargaining agreement or an employment benefits program or plan
876	876	17 that provides greater benefits to employees, individuals who
877	877	18 contract for services with a covered business entity, or
878	878	19 domestic workers than the benefits provided under this Act.
879	879	20 (e) An agreement by an employee, individual who contracts
880	880	21 for services with a covered business entity, or domestic
881	881	22 worker to waive the rights of the employee, individual who
882	882	23 contracts for services with a covered business entity, or
883	883	24 domestic worker under this Section is void as contrary to
884	884	25 public policy. The benefits under this Act may not be
885	885	26 diminished by a collective bargaining agreement or another
886	886
887	887
888	888
889	889
890	890
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892	892
893	893
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895	895	HB1530 - 25 - LRB103 26031 SPS 52386 b
896	896	1 employment benefits program or plan entered into or renewed
897	897	2 after the effective date of this Act.
898	898	3 (f) Subject to the requirements of this Act, an individual
899	899	4 shall be eligible to receive benefits under this Act if that
900	900	5 individual has been paid during the individual's base period
901	901	6 wages equal to not less than $1,600, provided that the
902	902	7 individual has been paid wages equal to at least $440 during
903	903	8 that part of the individual's base period which does not
904	904	9 include the calendar quarter in which the wages paid to the
905	905	10 individual were highest. "Base period" means the first 4 of
906	906	11 the last 5 completed calendar quarters immediately preceding
907	907	12 the Sunday immediately preceding the first day that family and
908	908	13 medical leave under this Act commences for the covered
909	909	14 individual. However, if an individual is not eligible to
910	910	15 receive family and medical leave benefits or an individual's
911	911	16 weekly benefit amount would be lower using such base period, a
912	912	17 base period consisting of the last 4 completed quarters
913	913	18 immediately preceding the Sunday immediately preceding the
914	914	19 first day that family and medical leave under this Act
915	915	20 commences shall be used to establish eligibility or a higher
916	916	21 weekly benefit amount for the covered individual.
917	917	22 Section 25. Elective coverage; self-employed.
918	918	23 (a) For benefits payable beginning January 1, 2025, any
919	919	24 self-employed person, including a sole proprietor, independent
920	920	25 contractor, partner, or joint venturer, who has
921	921
922	922
923	923
924	924
925	925
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927	927
928	928
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931	931	1 self-employment income for work performed in Illinois in
932	932	2 accordance with the definition of covered individual under
933	933	3 item (9) of Section 10 may elect coverage for an initial period
934	934	4 of not less than 3 years and subsequent periods of not less
935	935	5 than one year immediately following a period of coverage.
936	936	6 Those electing coverage under this Act are responsible for
937	937	7 payment of 100% of all premiums assessed to any employer under
938	938	8 this Act. The self-employed person must file a notice of
939	939	9 election in writing with the Department in a manner as
940	940	10 required by the Department by rule.
941	941	11 (b) A self-employed person who has elected coverage may
942	942	12 withdraw from coverage within 30 days after the end of each
943	943	13 period of coverage, or at such other times as the Department
944	944	14 may adopt by rule, by filing a notice of withdrawal in writing
945	945	15 with the Department, such withdrawal to take effect not sooner
946	946	16 than 30 days after the filing the notice with the Department.
947	947	17 (c) The Department may cancel elective coverage if the
948	948	18 self-employed person fails to make required payments or file
949	949	19 reports. The Department may collect due and unpaid premiums
950	950	20 and may levy additional premiums for the remainder of the
951	951	21 period of coverage. The cancellation shall be effective no
952	952	22 later than 30 days after the date of the notice in writing
953	953	23 advising the self-employed person of the cancellation.
954	954	24 (d) Those electing coverage are considered employees or
955	955	25 employers where the context dictates.
956	956	26 (e) In this Section, "independent contractor" means an
957	957
958	958
959	959
960	960
961	961
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963	963
964	964
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966	966	HB1530 - 27 - LRB103 26031 SPS 52386 b
967	967	1 individual excluded from employment under the definition of
968	968	2 "employee" under Section 10.
969	969	3 Section 30. Disqualification from benefits.
970	970	4 (a) An employee is disqualified from family and medical
971	971	5 leave benefits under this Act if the employee:
972	972	6 (1) willfully makes a false statement or
973	973	7 misrepresentation regarding a material fact or willfully
974	974	8 fails to disclose a material fact to obtain benefits; or
975	975	9 (2) seeks benefits based on a serious health condition
976	976	10 that resulted from the employee's commission of a felony.
977	977	11 (b) A disqualification for family and medical leave
978	978	12 benefits is for a period of 2 years and commences on the first
979	979	13 day of the calendar week in which the employee filed a claim
980	980	14 for benefits under this Act.
981	981	15 An employee who is disqualified for benefits is liable to
982	982	16 the Department for a penalty of 15% of the amount of benefits
983	983	17 received by the employee in addition to the total amount of
984	984	18 benefits received.
985	985	19 Section 35. Family and Medical Leave Insurance Fund.
986	986	20 (a) The Family and Medical Leave Insurance Fund is created
987	987	21 as a special fund in the State treasury. Money in the Fund may
988	988	22 be used for the payment of family and medical leave benefits
989	989	23 and for the administration of this Act. All interest and other
990	990	24 earnings that accrue from investment of money in the Fund
991	991
992	992
993	993
994	994
995	995
996	996	HB1530 - 27 - LRB103 26031 SPS 52386 b
997	997
998	998
999	999	HB1530- 28 -LRB103 26031 SPS 52386 b HB1530 - 28 - LRB103 26031 SPS 52386 b
1000	1000	HB1530 - 28 - LRB103 26031 SPS 52386 b
1001	1001	1 shall be credited to the Fund.
1002	1002	2 (b) An employer and a covered business entity shall pay a
1003	1003	3 premium contribution in the amount of 0.73% of wages for all
1004	1004	4 employees and individuals who contract for services with a
1005	1005	5 covered business entity. The Department shall by rule provide
1006	1006	6 for the collection of the employer's premium contribution. The
1007	1007	7 amount of the employer's premium contribution imposed under
1008	1008	8 this Section, less refunds authorized by this Act, and all
1009	1009	9 assessments and penalties collected under this Act shall be
1010	1010	10 deposited into and credited to the Fund.
1011	1011	11 (c) A separate account, to be known as the Family and
1012	1012	12 Medical Leave Insurance Administration Account, shall be
1013	1013	13 maintained in the Fund. An amount determined by the Department
1014	1014	14 sufficient for proper administration, not to exceed 0.05% of
1015	1015	15 additional employer and covered business entity premium
1016	1016	16 contributions as defined in this Section, shall be collected
1017	1017	17 and credited to the Administration Account. The expenses of
1018	1018	18 the Department in administering the Fund and its accounts
1019	1019	19 shall be charged against the Administration Account. The costs
1020	1020	20 of administration of this Act shall be charged to the
1021	1021	21 Administration Account.
1022	1022	22 (d) A separate account, to be known as the Family and
1023	1023	23 Medical Leave Benefits Account, shall be maintained in the
1024	1024	24 Fund. The account shall be charged with all benefit payments.
1025	1025	25 (e) The Department may adjust rates for the collection of
1026	1026	26 premiums pursuant to subsection (b) of this Section. The
1027	1027
1028	1028
1029	1029
1030	1030
1031	1031
1032	1032	HB1530 - 28 - LRB103 26031 SPS 52386 b
1033	1033
1034	1034
1035	1035	HB1530- 29 -LRB103 26031 SPS 52386 b HB1530 - 29 - LRB103 26031 SPS 52386 b
1036	1036	HB1530 - 29 - LRB103 26031 SPS 52386 b
1037	1037	1 Department shall set rates for premiums in a manner that
1038	1038	2 minimizes the volatility of the rates assessed and so that at
1039	1039	3 the end of the period for which the rates are effective, the
1040	1040	4 cash balance shall be an amount approximating 125% of 12
1041	1041	5 months of projected expenditures from the Fund, considering
1042	1042	6 the functions and duties of the Department under this Act.
1043	1043	7 (f) An employer or covered business entity required to pay
1044	1044	8 premium contributions under this Section shall make and file a
1045	1045	9 report of amounts due under this Section upon a combined
1046	1046	10 report form prescribed by the Department. The report shall be
1047	1047	11 filed with the Department at the times and in the manner
1048	1048	12 prescribed by the Department.
1049	1049	13 (g) If the employer or covered business entity is a
1050	1050	14 temporary employment agency that provides employees or
1051	1051	15 individuals who contract for services with a covered business
1052	1052	16 entity on a temporary basis to its customers, the temporary
1053	1053	17 employment agency is considered a joint employer with its
1054	1054	18 customers for purposes of this Act.
1055	1055	19 (h) When an employer or covered business entity goes out
1056	1056	20 of business or sells out, exchanges, or otherwise disposes of
1057	1057	21 the business or stock of goods, any premiums payable under
1058	1058	22 this Section are immediately due and payable, and the employer
1059	1059	23 or covered business entity shall, within 10 days thereafter,
1060	1060	24 pay the premiums due. A person who becomes a successor to the
1061	1061	25 business is liable for the full amount of the premiums and
1062	1062	26 shall withhold from the purchase price a sum sufficient to pay
1063	1063
1064	1064
1065	1065
1066	1066
1067	1067
1068	1068	HB1530 - 29 - LRB103 26031 SPS 52386 b
1069	1069
1070	1070
1071	1071	HB1530- 30 -LRB103 26031 SPS 52386 b HB1530 - 30 - LRB103 26031 SPS 52386 b
1072	1072	HB1530 - 30 - LRB103 26031 SPS 52386 b
1073	1073	1 any premiums due from the employer until the employer produces
1074	1074	2 a receipt from the Department showing payment in full of any
1075	1075	3 premiums due or a certificate that no premium is due. If the
1076	1076	4 premiums are not paid by the employer or covered business
1077	1077	5 entity within 10 days after the date of the sale, exchange, or
1078	1078	6 disposal, the successor is liable for the payment of the full
1079	1079	7 amount of the premiums. The successor's payment of the
1080	1080	8 premiums are, to the extent of the payment, a payment upon the
1081	1081	9 purchase price, and if the payment is greater in amount than
1082	1082	10 the purchase price, the amount of the difference is a debt due
1083	1083	11 the successor from the employer or covered business entity. A
1084	1084	12 successor is not liable for any premiums due from the person
1085	1085	13 from whom the successor has acquired a business or stock of
1086	1086	14 goods if the successor gives written notice to the Department
1087	1087	15 of the acquisition and no assessment is issued by the
1088	1088	16 Department within one year after receipt of the notice against
1089	1089	17 the former operator of the business.
1090	1090	18 (i) This Section is inoperative before January 1, 2025. At
1091	1091	19 that time, the Department shall begin collecting the amounts
1092	1092	20 due under this Section.
1093	1093	21 Section 40. Weekly benefit for family and medical leave.
1094	1094	22 (a) An individual's weekly benefit rate shall be
1095	1095	23 determined as follows: if the average weekly wage to the
1096	1096	24 employee, individual who contracts for services with a covered
1097	1097	25 business entity, or domestic worker is (a) 50% or less of the
1098	1098
1099	1099
1100	1100
1101	1101
1102	1102
1103	1103	HB1530 - 30 - LRB103 26031 SPS 52386 b
1104	1104
1105	1105
1106	1106	HB1530- 31 -LRB103 26031 SPS 52386 b HB1530 - 31 - LRB103 26031 SPS 52386 b
1107	1107	HB1530 - 31 - LRB103 26031 SPS 52386 b
1108	1108	1 statewide average weekly wage, the weekly benefit for the
1109	1109	2 employee, individual with a contract for services with a
1110	1110	3 covered business entity, or domestic worker is 90% of the
1111	1111	4 average weekly wage of the employee, individual with a
1112	1112	5 contract for services with a covered business entity, or
1113	1113	6 domestic worker or (b) greater than 50% of the statewide
1114	1114	7 average weekly wage, the weekly benefit for the employee,
1115	1115	8 individual with a contract for services with a covered
1116	1116	9 business entity, or domestic worker is the sum of: (i) 90% of
1117	1117	10 the average weekly wage of the employee, individual with a
1118	1118	11 contract for services with a covered business entity, or
1119	1119	12 domestic worker up to 50% of the statewide average weekly
1120	1120	13 wage; and (ii) 50% of the average weekly wage of the employee,
1121	1121	14 individual with a contract for services with a covered
1122	1122	15 business entity, or domestic worker that is greater than 50%
1123	1123	16 of the statewide average weekly wage. The benefit rate shall
1124	1124	17 be computed to the next lower multiple of $1 if not already a
1125	1125	18 multiple thereof. The amount of benefits for each day of
1126	1126	19 family and medical leave for which benefits are payable shall
1127	1127	20 be one-seventh of the corresponding weekly benefit amount;
1128	1128	21 provided that the total benefits for a fractional part of a
1129	1129	22 week shall be computed to the next lower multiple of $1 if not
1130	1130	23 already a multiple thereof.
1131	1131	24 (b) The maximum weekly benefit for family and medical
1132	1132	25 leave that occurs on or after January 1, 2024 shall be $1,200.
1133	1133	26 By September 30, 2026, and by each subsequent September 30th,
1134	1134
1135	1135
1136	1136
1137	1137
1138	1138
1139	1139	HB1530 - 31 - LRB103 26031 SPS 52386 b
1140	1140
1141	1141
1142	1142	HB1530- 32 -LRB103 26031 SPS 52386 b HB1530 - 32 - LRB103 26031 SPS 52386 b
1143	1143	HB1530 - 32 - LRB103 26031 SPS 52386 b
1144	1144	1 the maximum weekly benefit shall be adjusted to 90% of the
1145	1145	2 State average weekly wage. The adjusted maximum weekly benefit
1146	1146	3 amount takes effect on the following January 1st.
1147	1147	4 (c) With respect to any period of family and medical leave
1148	1148	5 taken by a covered individual, family and medical leave
1149	1149	6 insurance benefits not in excess of the covered individual's
1150	1150	7 maximum benefits shall be payable with respect to the first
1151	1151	8 day of family and medical leave taken and each subsequent day
1152	1152	9 of family and medical leave during that period of family and
1153	1153	10 medical leave. The maximum total benefits payable to any
1154	1154	11 covered individual commencing on or after the effective date
1155	1155	12 of this Act shall be 26 times the weekly benefit amount for an
1156	1156	13 employee, individual with a contract for services with a
1157	1157	14 covered business entity, or domestic worker in the applicable
1158	1158	15 benefit year, except for individuals taking leave pursuant to
1159	1159	16 paragraph (C) of item (19) of Section 10 for conditions in
1160	1160	17 connection with pregnancy, recovery from childbirth, or any
1161	1161	18 related condition where the maximum total benefits payable to
1162	1162	19 any covered individual shall be 52 times the employee's weekly
1163	1163	20 benefit amount in the applicable benefit year, provided that
1164	1164	21 the maximum amount shall be computed in the next lower
1165	1165	22 multiple of $1 if not already a multiple thereof.
1166	1166	23 (d) The first payment of benefits must be made to a covered
1167	1167	24 individual within 14 calendar days after the claim is filed
1168	1168	25 and there is sufficient information to approve at least one
1169	1169	26 week of benefits; subsequent payments must be made no later
1170	1170
1171	1171
1172	1172
1173	1173
1174	1174
1175	1175	HB1530 - 32 - LRB103 26031 SPS 52386 b
1176	1176
1177	1177
1178	1178	HB1530- 33 -LRB103 26031 SPS 52386 b HB1530 - 33 - LRB103 26031 SPS 52386 b
1179	1179	HB1530 - 33 - LRB103 26031 SPS 52386 b
1180	1180	1 than semi-monthly thereafter.
1181	1181	2 Nothing in this Act shall be construed to prohibit the
1182	1182	3 establishment by an employer or a covered business entity,
1183	1183	4 without approval by the Department, of a supplementary plan or
1184	1184	5 plans providing for the payment to employees, individuals with
1185	1185	6 a contract for services with a covered business entity, or
1186	1186	7 domestic workers or to any class or classes of employees,
1187	1187	8 individuals with a contract for services with a covered
1188	1188	9 business entity, or domestic workers, of benefits in addition
1189	1189	10 to the benefits provided by this Act. The rights, duties, and
1190	1190	11 responsibilities of all interested parties under the
1191	1191	12 supplementary plans shall be unaffected by any provision of
1192	1192	13 this Act.
1193	1193	14 Section 45. Family and medical leave; duration. A covered
1194	1194	15 individual may take up to 26 weeks of family and medical leave
1195	1195	16 within any 12-month period for reasons identified in
1196	1196	17 paragraphs (A), (B), (C), (D), and (E) of item (19) of Section
1197	1197	18 10. However, a covered individual may take up to an additional
1198	1198	19 26 weeks of family and medical leave within any 12-month
1199	1199	20 period for which the covered individual is eligible for leave
1200	1200	21 under paragraph (C) of item (19) of Section 10 taken in
1201	1201	22 connection with pregnancy, recovery from childbirth, or
1202	1202	23 related conditions. A covered individual may take family and
1203	1203	24 medical leave consecutively or on an intermittent schedule in
1204	1204	25 which all of the leave authorized under this Act is not taken
1205	1205
1206	1206
1207	1207
1208	1208
1209	1209
1210	1210	HB1530 - 33 - LRB103 26031 SPS 52386 b
1211	1211
1212	1212
1213	1213	HB1530- 34 -LRB103 26031 SPS 52386 b HB1530 - 34 - LRB103 26031 SPS 52386 b
1214	1214	HB1530 - 34 - LRB103 26031 SPS 52386 b
1215	1215	1 sequentially.
1216	1216	2 Section 50. Annual reports; contents.
1217	1217	3 (a) The Department shall issue and make available to the
1218	1218	4 public, not later than July 1, 2026 and July 1 of each
1219	1219	5 subsequent year, annual reports providing data on family and
1220	1220	6 medical leave benefits claims including separate data for each
1221	1221	7 of the following categories of claims: the employee's,
1222	1222	8 individual with a contract for services with a covered
1223	1223	9 business entity's, or domestic worker's own serious illness;
1224	1224	10 care of newborn children; care of newly adopted and fostered
1225	1225	11 children; care of seriously ill family members; because of
1226	1226	12 family members on active duty in the Armed Forces; for
1227	1227	13 domestic or sexual violence, and for conditions in connection
1228	1228	14 with pregnancy, recovering from childbirth, or related
1229	1229	15 conditions. The reports shall include, for each category of
1230	1230	16 claims, the number of individuals receiving the benefits, the
1231	1231	17 amount of benefits paid, the average duration of benefits, and
1232	1232	18 the average weekly benefit. The report shall provide data by
1233	1233	19 gender, race, ethnicity, income, and any other demographic
1234	1234	20 factors determined to be relevant by the Department. The
1235	1235	21 reports shall also provide, for all family and medical leave
1236	1236	22 benefits, the total costs of benefits and the total cost of
1237	1237	23 administration, the portion of benefits for claims during
1238	1238	24 family and medical leave, and the total revenues from employer
1239	1239	25 or covered business entity premium contributions and
1240	1240
1241	1241
1242	1242
1243	1243
1244	1244
1245	1245	HB1530 - 34 - LRB103 26031 SPS 52386 b
1246	1246
1247	1247
1248	1248	HB1530- 35 -LRB103 26031 SPS 52386 b HB1530 - 35 - LRB103 26031 SPS 52386 b
1249	1249	HB1530 - 35 - LRB103 26031 SPS 52386 b
1250	1250	1 assessments, where applicable; and other sources.
1251	1251	2 (b) The Department may, in its discretion, conduct surveys
1252	1252	3 and other research regarding, and include in the annual
1253	1253	4 reports descriptions and evaluations of the impact and
1254	1254	5 potential future impact of the costs and benefits resulting
1255	1255	6 from this Act for:
1256	1256	7 (1) employees and their families, including surveys
1257	1257	8 and evaluations of what portion of the total number of
1258	1258	9 employees taking family and medical leave would not have
1259	1259	10 taken leave, or would have taken less leave, without the
1260	1260	11 availability of benefits; what portion of employees return
1261	1261	12 to work after receiving benefits and what portion are not
1262	1262	13 permitted to return to work; and what portion of employees
1263	1263	14 who are eligible for benefits do not claim or receive them
1264	1264	15 and why they do not;
1265	1265	16 (2) employers, including benefits such as reduced
1266	1266	17 training and other costs related to reduced turnover of
1267	1267	18 personnel, and increased affordability of family and
1268	1268	19 medical leave through the State, with special attention
1269	1269	20 given to small businesses; and
1270	1270	21 (3) the public, including savings caused by any
1271	1271	22 reduction in the number of people receiving public
1272	1272	23 assistance.
1273	1273	24 (c) The total amount of any expenses that the Department
1274	1274	25 determines are necessary to carry out its duties pursuant to
1275	1275	26 this Section shall be charged to the Administration Account of
1276	1276
1277	1277
1278	1278
1279	1279
1280	1280
1281	1281	HB1530 - 35 - LRB103 26031 SPS 52386 b
1282	1282
1283	1283
1284	1284	HB1530- 36 -LRB103 26031 SPS 52386 b HB1530 - 36 - LRB103 26031 SPS 52386 b
1285	1285	HB1530 - 36 - LRB103 26031 SPS 52386 b
1286	1286	1 the Fund.
1287	1287	2 Section 55. Prohibited acts; enforcement.
1288	1288	3 (a) No employer, employment and labor placement agency,
1289	1289	4 employment agency, employee organization, covered business
1290	1290	5 entity, or other person shall discharge, expel, or otherwise
1291	1291	6 retaliate or discriminate against a person because the person
1292	1292	7 has requested family and medical leave, attempted to claim
1293	1293	8 family and medical leave benefits, taken family and medical
1294	1294	9 leave, filed or communicated to the employer or covered
1295	1295	10 business entity an intent to file a claim, a complaint, or an
1296	1296	11 appeal, or has testified or is about to testify or has assisted
1297	1297	12 in any proceeding, under this Act, at any time.
1298	1298	13 (b) Any employer or covered business entity who violates
1299	1299	14 subsection (a) shall be liable to the individual employed by
1300	1300	15 or contracted for services with such a person who is affected
1301	1301	16 by the violation for damages equal to the sum of:
1302	1302	17 (1) the amount of:
1303	1303	18 (A) any wages, salary, employment benefits, or
1304	1304	19 other compensation denied or lost to such individual
1305	1305	20 by reason of the violation; or
1306	1306	21 (B) in a case in which wages, salary, employment
1307	1307	22 benefits, or other compensation have not been denied
1308	1308	23 or lost to the individual, any actual monetary losses
1309	1309	24 sustained by the individual as a direct violation,
1310	1310	25 such as the cost of providing care, up to a sum equal
1311	1311
1312	1312
1313	1313
1314	1314
1315	1315
1316	1316	HB1530 - 36 - LRB103 26031 SPS 52386 b
1317	1317
1318	1318
1319	1319	HB1530- 37 -LRB103 26031 SPS 52386 b HB1530 - 37 - LRB103 26031 SPS 52386 b
1320	1320	HB1530 - 37 - LRB103 26031 SPS 52386 b
1321	1321	1 to 60 calendar days of wages or salary for the
1322	1322	2 individual; and
1323	1323	3 (2) the interest on the amount described under
1324	1324	4 paragraph (A) of item (1) calculated at the prevailing
1325	1325	5 rate; and
1326	1326	6 (3) an additional amount as liquidated damages equal
1327	1327	7 to the sum of the amount described in item (1) and the
1328	1328	8 interest described in item (2), except if a person who has
1329	1329	9 violated subsection (a) proves to the satisfaction of the
1330	1330	10 court that the act or omission was in good faith and that
1331	1331	11 the person had reasonable grounds for believing that the
1332	1332	12 act or omission was not a violation of subsection (a), the
1333	1333	13 court may, in the discretion of the court, reduce the
1334	1334	14 amount of the liability to the amount and interest
1335	1335	15 determined under paragraph (A) or (B) of item (1),
1336	1336	16 respectively.
1337	1337	17 In addition, a court may order such equitable relief as
1338	1338	18 may be appropriate, including employment, reinstatement,
1339	1339	19 promotion, and reinstatement of a contract for services.
1340	1340	20 (c) An action to recover the damages or obtain equitable
1341	1341	21 relief subsection (a) may be maintained against any person in
1342	1342	22 any court on behalf of:
1343	1343	23 (1) the individual; or
1344	1344	24 (2) the individual or other individuals similarly
1345	1345	25 situated.
1346	1346	26 (d) The court in such an action shall, in addition to any
1347	1347
1348	1348
1349	1349
1350	1350
1351	1351
1352	1352	HB1530 - 37 - LRB103 26031 SPS 52386 b
1353	1353
1354	1354
1355	1355	HB1530- 38 -LRB103 26031 SPS 52386 b HB1530 - 38 - LRB103 26031 SPS 52386 b
1356	1356	HB1530 - 38 - LRB103 26031 SPS 52386 b
1357	1357	1 judgment awarded to the covered individual, allow reasonable
1358	1358	2 attorney's fees, reasonable expert witness fees, and other
1359	1359	3 costs of the action to be paid by the defendant.
1360	1360	4 (e) The right under subsection (c) to bring an action by or
1361	1361	5 on behalf of any individual shall terminate:
1362	1362	6 (1) on the filing of a complaint by the Department in
1363	1363	7 an action in which restraint is sought of any further
1364	1364	8 delay in the payment of the amount described in item (1) of
1365	1365	9 subsection (b) to such individual by the person
1366	1366	10 responsible under subsection (a) for the payment; or
1367	1367	11 (2) on the filing of a complaint by the Department in
1368	1368	12 an action under subsection (f) in which a recovery is
1369	1369	13 sought of the damages described in item (1) of subsection
1370	1370	14 (b) owing to an individual by a person liable under
1371	1371	15 subsection (a).
1372	1372	16 (f) Action by the Department.
1373	1373	17 (1) The Department may bring an action in any court to
1374	1374	18 recover the damages described in item (1) of subsection
1375	1375	19 (b).
1376	1376	20 (2) Any sums recovered under item (1) of this
1377	1377	21 subsection shall be held in a special deposit account and
1378	1378	22 shall be paid, on order of the Department, directly to
1379	1379	23 each individual affected. Any such sums not paid to an
1380	1380	24 individual because of inability to do so within a period
1381	1381	25 of 3 years shall be deposited into the Fund.
1382	1382	26 (3) An action may be brought under this subsection not
1383	1383
1384	1384
1385	1385
1386	1386
1387	1387
1388	1388	HB1530 - 38 - LRB103 26031 SPS 52386 b
1389	1389
1390	1390
1391	1391	HB1530- 39 -LRB103 26031 SPS 52386 b HB1530 - 39 - LRB103 26031 SPS 52386 b
1392	1392	HB1530 - 39 - LRB103 26031 SPS 52386 b
1393	1393	1 later than 3 years after the date of the last event
1394	1394	2 constituting the alleged violation for which the action is
1395	1395	3 brought.
1396	1396	4 (4) An action brought by the Department under this
1397	1397	5 subsection shall be considered to be commenced on the date
1398	1398	6 when the complaint is filed.
1399	1399	7 (5) The Department may bring an action to restrain
1400	1400	8 violations of subsection (a), including the restraint of
1401	1401	9 any withholding of payment of wages, salary, employment
1402	1402	10 benefits, or other compensation, plus interest, found by
1403	1403	11 the court to be due to the individual, or to award such
1404	1404	12 other equitable relief as may be appropriate, including
1405	1405	13 employment, reinstatement, and promotion.
1406	1406	14 (g) A person aggrieved by a decision of the Department
1407	1407	15 under this Act may request a hearing. The Department shall
1408	1408	16 adopt rules governing hearings and the issuance of final
1409	1409	17 orders under this Act in accordance with the Illinois
1410	1410	18 Administrative Procedure Act. All final administrative
1411	1411	19 decisions of the Department under this Act are subject to
1412	1412	20 judicial review under the Administrative Review Law.
1413	1413	21 Section 60. Penalties.
1414	1414	22 (a) A person who makes a false statement or
1415	1415	23 representation, knowing it to be false, or knowingly fails to
1416	1416	24 disclose a material fact to obtain or increase any family and
1417	1417	25 medical leave benefit during a period of family and medical
1418	1418
1419	1419
1420	1420
1421	1421
1422	1422
1423	1423	HB1530 - 39 - LRB103 26031 SPS 52386 b
1424	1424
1425	1425
1426	1426	HB1530- 40 -LRB103 26031 SPS 52386 b HB1530 - 40 - LRB103 26031 SPS 52386 b
1427	1427	HB1530 - 40 - LRB103 26031 SPS 52386 b
1428	1428	1 leave, either for themselves or for any other person, shall be
1429	1429	2 liable for a civil penalty of $250 to be paid to the Fund. Each
1430	1430	3 such false statement or representation or failure to disclose
1431	1431	4 a material fact shall constitute a separate offense. Upon
1432	1432	5 refusal to pay such a civil penalty, the civil penalty shall be
1433	1433	6 recovered in a civil action by the Attorney General on behalf
1434	1434	7 of the Department in the name of the State of Illinois. If, in
1435	1435	8 any case in which liability for the payment of a civil penalty
1436	1436	9 has been determined, any person who has received any benefits
1437	1437	10 under this Act by reason of the making of such false statements
1438	1438	11 or representations or failure to disclose a material fact
1439	1439	12 shall not be entitled to any benefits under this Act for any
1440	1440	13 leave occurring prior to the time he or she has discharged his
1441	1441	14 or her liability to pay the civil penalty.
1442	1442	15 (b) A person who willfully violates any provision of this
1443	1443	16 Act or any rule adopted under this Act for which a civil
1444	1444	17 penalty is neither prescribed by this Act nor provided by any
1445	1445	18 other applicable law shall be subject to a civil penalty of
1446	1446	19 $500 to be paid to the Fund. Upon the refusal to pay such a
1447	1447	20 civil penalty, the civil penalty shall be recovered in a civil
1448	1448	21 action by the Attorney General on behalf of the Department in
1449	1449	22 the name of the State of Illinois.
1450	1450	23 Section 65. Leave and employment protection.
1451	1451	24 (a) During a period in which an employee, individual who
1452	1452	25 contracts for services with a covered business entity, or
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1463	1463	1 domestic worker receives family and medical leave benefits
1464	1464	2 under this Act, the employee, individual who contracts for
1465	1465	3 services with a covered business entity, or domestic worker is
1466	1466	4 entitled to family and medical leave and, at the established
1467	1467	5 ending date of leave, to be restored to a position of
1468	1468	6 employment or restoration of the contract for services with
1469	1469	7 the employer or covered business entity from whom leave was
1470	1470	8 taken as provided under subsection (b).
1471	1471	9 (b) Except as provided in subsection (d), an employee,
1472	1472	10 individual with a contract for services with a covered
1473	1473	11 business entity, or domestic worker who receives family and
1474	1474	12 medical leave benefits under this Act for the intended purpose
1475	1475	13 of the family and medical leave is entitled, on return from the
1476	1476	14 leave:
1477	1477	15 (1) to be restored by the employer to the position of
1478	1478	16 employment held by the employee, restored by the covered
1479	1479	17 business entity to the contract for services, or restored
1480	1480	18 to the position of employment or the contract for services
1481	1481	19 for domestic workers when the family and medical leave
1482	1482	20 commenced; or
1483	1483	21 (2) to be restored to an equivalent position or
1484	1484	22 contract with equivalent employment benefits, pay, and
1485	1485	23 other terms and conditions of employment or contract at a
1486	1486	24 workplace within the same or a geographically proximate
1487	1487	25 work site (such as one that does not involve a significant
1488	1488	26 increase in commuting time or distance) when the family
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1499	1499	1 and medical leave commenced.
1500	1500	2 (c) The taking of family and medical leave under this Act
1501	1501	3 may not result in the loss of any employment or contract
1502	1502	4 benefits accrued before the date on which the family and
1503	1503	5 medical leave commenced.
1504	1504	6 (d) Nothing in this Section entitles a restored employee,
1505	1505	7 individual who contracts for services with a covered business
1506	1506	8 entity, or domestic worker to:
1507	1507	9 (1) the accrual of any seniority or employment
1508	1508	10 benefits during any period of family and medical leave; or
1509	1509	11 (2) any right, benefit, or position of employment
1510	1510	12 other than any right, benefit, or position to which the
1511	1511	13 employee would have been entitled had the employee not
1512	1512	14 taken the family and medical leave.
1513	1513	15 (e) Nothing in this Section prohibits an employer from
1514	1514	16 requiring an employee, individual who contracts for services
1515	1515	17 with a covered business entity, or domestic worker on family
1516	1516	18 and medical leave to report periodically, but no more than
1517	1517	19 twice every 4 weeks of leave, to the employer, covered
1518	1518	20 business entity on the status and intention of the employee,
1519	1519	21 individual with a contract for services, or domestic worker to
1520	1520	22 return to work.
1521	1521	23 Section 70. Pregnancy; effect of other State law. No
1522	1522	24 individual shall suffer any repercussion under any Illinois
1523	1523	25 law, rule, or policy for any decisions the covered individual
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1534	1534	1 is authorized to make under this Act regarding leave related
1535	1535	2 to pregnancy, recovery from childbirth, or related conditions.
1536	1536	3 Section 75. Notice to employer or covered business entity.
1537	1537	4 If the necessity for family and medical leave for any reason
1538	1538	5 under item (19) of Section 10 is foreseeable, the employee,
1539	1539	6 individual with a contract for services with a covered
1540	1540	7 business entity, or domestic worker shall provide the employer
1541	1541	8 or covered business entity with not less than 30 days' notice,
1542	1542	9 before the date the leave is to begin, of the intention of the
1543	1543	10 employee, individual with a contract for services with a
1544	1544	11 covered business entity to take leave, except that if the
1545	1545	12 expected date requires leave to begin in less than 30 days, the
1546	1546	13 employee, individual with a contract for services with a
1547	1547	14 covered business entity, or domestic worker shall provide such
1548	1548	15 notice as is practical.
1549	1549	16 Section 80. Employment by same employer or covered
1550	1550	17 business entity. The right of an employee, individual who
1551	1551	18 contracts for services with a covered business entity, or
1552	1552	19 domestic worker to leave under this Act shall not be altered or
1553	1553	20 abridged by access to leave of any other employee, individual
1554	1554	21 who contracts for services with a covered business entity, or
1555	1555	22 domestic worker.
1556	1556	23 Section 85. Coordination of leave. Family and medical
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1567	1567	1 leave taken under this Act must be taken concurrently with any
1568	1568	2 leave taken under the federal Family and Medical Leave Act of
1569	1569	3 1993, if applicable.
1570	1570	4 Section 90. Notice. Every employer and covered business
1571	1571	5 entity covered by this Act shall post and keep posted, in a
1572	1572	6 conspicuous place on the premises of the employer or covered
1573	1573	7 business entity where notices to employees are customarily
1574	1574	8 posted, a notice, to be prepared or approved by the Director of
1575	1575	9 Employment Security, summarizing the requirements of this Act
1576	1576	10 and information pertaining to the filing of a charge. Every
1577	1577	11 employer and covered business entity shall also provide such
1578	1578	12 notice to employees, individuals with contracts for services
1579	1579	13 with a covered business entity, and domestic workers through
1580	1580	14 electronic transmission to the employee, individual with a
1581	1581	15 contract for services with the covered business entity, or
1582	1582	16 domestic worker. The Director shall furnish copies of
1583	1583	17 summaries and rules to the employers and covered business
1584	1584	18 entities upon request without charge. Any employer or covered
1585	1585	19 business entity that fails to post the required notice or
1586	1586	20 transmit such notice may not rely on this Act to claim that the
1587	1587	21 employee, individual with a contract for services with a
1588	1588	22 covered business entity, or domestic worker failed to inform
1589	1589	23 the employer or covered business entity that the employee,
1590	1590	24 individual with a contract for services with a covered
1591	1591	25 business entity, or domestic worker wanted or was eligible for
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1602	1602	1 leave under this Act.
1603	1603	2 Section 95. Rules. The Department may adopt any rules
1604	1604	3 necessary to implement this Act.
1605	1605	4 Section 105. Severability. The provisions of this Act are
1606	1606	5 severable under Section 1.31 of the Statute on Statutes.
1607	1607	6 Section 900. The State Finance Act is amended by adding
1608	1608	7 Section 5.990 as follows:
1609	1609	8 (30 ILCS 105/5.990 new)
1610	1610	9 Sec. 5.990. The Family and Medical Leave Insurance Fund.
1611	1611	10 Section 999. Effective date. This Act takes effect January
1612	1612	11 1, 2024.
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