Bill Text: IL HB3483 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Creates the Paid Family and Medical Leave Insurance Program Act. Creates the Division of Paid Family and Medical Leave within the Department of Labor. Requires the Division to establish and administer a paid family and medical leave insurance program that provides benefits to employees. Provides that the program shall be administered by the Deputy Director of the Division. Sets forth eligibility requirements for benefits under the Act. Provides that a self-employed individual may elect to be covered under the Act. Contains provisions concerning disqualification from benefits; compensation for leave; the amount and duration of benefits; payments for benefits under the Paid Family and Medical Leave Insurance Program Fund; employer equivalent plans; annual reports by the Department; hearings; penalties; notice; the coordination of leave provided under the Act with leave allowed under the federal Family and Medical Leave Act of 1993, a collective bargaining agreement, or any local county or municipal ordinance; rulemaking; and other matters. Amends the State Finance Act. Creates the Paid Family and Medical Leave Insurance Program Fund. Amends the Freedom of Information Act. Exempts certain documents collected by the Division of Paid Family and Medical Leave from the Act's disclosure requirements. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-02-11 - Added Chief Co-Sponsor Rep. Harry Benton [HB3483 Detail]
Download: Illinois-2025-HB3483-Introduced.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Paid | |||||||||||||||||||||||
5 | Family and Medical Leave Insurance Program Act.
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6 | Section 5. Declaration of policy and intent. | |||||||||||||||||||||||
7 | (a) Many employees do not have access to family and | |||||||||||||||||||||||
8 | medical leave programs. Those who do may not be in a financial | |||||||||||||||||||||||
9 | position to take family and medical leave that is unpaid, and | |||||||||||||||||||||||
10 | employer-paid benefits that are available may meet only a | |||||||||||||||||||||||
11 | relatively small part of this need. Therefore, it is the | |||||||||||||||||||||||
12 | public policy of this State to protect working families | |||||||||||||||||||||||
13 | against the economic hardship caused by the need to take time | |||||||||||||||||||||||
14 | off from work for reasons such as caring for themselves or | |||||||||||||||||||||||
15 | family members who are suffering from serious illness or | |||||||||||||||||||||||
16 | caring for a newborn or a newly adopted child. Moreover, many | |||||||||||||||||||||||
17 | women are single mothers or the primary breadwinners for their | |||||||||||||||||||||||
18 | families. If any of these women take unpaid maternity leave, | |||||||||||||||||||||||
19 | their families and Illinois suffer. However, the United States | |||||||||||||||||||||||
20 | is the only industrialized nation in the world that does not | |||||||||||||||||||||||
21 | have a mandatory workplace-based program for such income | |||||||||||||||||||||||
22 | support. It is, therefore, desirable and necessary to develop | |||||||||||||||||||||||
23 | systems that help families adapt to the competing interests of |
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1 | work and home and that not only benefit workers but also | ||||||
2 | benefit employers by reducing employee turnover and increasing | ||||||
3 | worker productivity. | ||||||
4 | (b) It is the intent of the General Assembly to create a | ||||||
5 | paid family and medical leave insurance program to relieve | ||||||
6 | this serious menace to the health, morals, and welfare of | ||||||
7 | Illinois families, to increase workplace productivity, and to | ||||||
8 | alleviate the enormous and growing stress on working families | ||||||
9 | of balancing the demands of work and family needs.
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10 | Section 10. Definitions. As used in this Act: | ||||||
11 | "Assisted reproduction" means a method of achieving a | ||||||
12 | pregnancy through the handling of human oocytes, sperm, | ||||||
13 | zygotes, or embryos for the purpose of establishing a | ||||||
14 | pregnancy. "Assisted reproduction" includes, but is not | ||||||
15 | limited to, methods of artificial insemination, in vitro | ||||||
16 | fertilization, embryo transfer, zygote transfer, embryo | ||||||
17 | biopsy, preimplantation genetic diagnosis, embryo | ||||||
18 | cryopreservation, oocyte donation, gamete donation, zygote | ||||||
19 | donation, embryo donation, and gestational surrogacy. | ||||||
20 | "Average weekly wage" means one-thirteenth of the wages | ||||||
21 | paid during the quarter with the highest earnings earned in | ||||||
22 | the 4 quarters prior to the last day before taking paid family | ||||||
23 | and medical leave. For purposes of calculating average weekly | ||||||
24 | wage, "wages" include, but are not limited to, salary, | ||||||
25 | earnings, gratuities, bonuses, commissions, and any other |
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1 | compensation that constitutes remuneration as determined by | ||||||
2 | the Department by rule. | ||||||
3 | "Care" includes, but is not limited to, physical care, | ||||||
4 | emotional support, visitation, arranging for a change in care, | ||||||
5 | assistance with essential daily living matters, and personal | ||||||
6 | attendant services. | ||||||
7 | "Child" means a biological, adopted, or foster child, | ||||||
8 | stepchild, or ward of a covered individual, a child of a spouse | ||||||
9 | of the covered individual, a child of a parent, a child of a | ||||||
10 | civil union partner of the covered individual, or a person | ||||||
11 | whose close relationship with the covered individual is the | ||||||
12 | equivalent of a family relationship. | ||||||
13 | "Civil union" has the meaning set forth in Section 10 of | ||||||
14 | the Illinois Religious Freedom Protection and Civil Union Act. | ||||||
15 | "Consecutive leave" means leave that is taken without | ||||||
16 | interruption based upon an employee's regular work schedule | ||||||
17 | and does not include breaks in employment in which an employee | ||||||
18 | is not regularly scheduled to work. | ||||||
19 | "Construction industry" means any constructing, altering, | ||||||
20 | reconstructing, repairing, rehabilitating, refinishing, | ||||||
21 | refurbishing, remodeling, remediating, renovating, custom | ||||||
22 | fabricating, maintenance, landscaping, improving, wrecking, | ||||||
23 | painting, decorating, demolishing, or adding to or subtracting | ||||||
24 | from any building, structure, highway, roadway, street, | ||||||
25 | bridge, alley, sewer, ditch, sewage disposal plant, | ||||||
26 | waterworks, parking facility, railroad, excavation or other |
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1 | structure, project, development, real property, or | ||||||
2 | improvement, or to do any part thereof, whether the | ||||||
3 | performance of the work herein described involves the addition | ||||||
4 | to or fabrication into, any structure, project, development, | ||||||
5 | real property, or improvement herein described of any material | ||||||
6 | or article of merchandise. "Construction industry" also | ||||||
7 | includes moving construction related materials on the job site | ||||||
8 | or to or from the job site, snow plowing, snow removal, and | ||||||
9 | refuse collection. | ||||||
10 | "Covered individual" means either an employee who meets | ||||||
11 | the financial eligibility requirements described in subsection | ||||||
12 | (f) of Section 20 or a self-employed individual who has | ||||||
13 | elected coverage under Section 25 and who is seeking or has | ||||||
14 | been approved for paid family and medical leave benefits under | ||||||
15 | this Act. | ||||||
16 | "Day and temporary labor service agency" has the meaning | ||||||
17 | set forth in Section 5 of the Day and Temporary Labor Services | ||||||
18 | Act. | ||||||
19 | "Department" means the Department of Labor. | ||||||
20 | "Director" means the Director of Labor. | ||||||
21 | "Deputy Director" means the Deputy Director of the | ||||||
22 | Division of the Paid Family and Medical Leave Insurance | ||||||
23 | Program. | ||||||
24 | "Division" means the Division of Paid Family and Medical | ||||||
25 | Leave. | ||||||
26 | "Domestic violence" has the same meaning as provided in |
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1 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
2 | "Domestic work" has the meaning set forth in Section 10 of | ||||||
3 | the Domestic Workers' Bill of Rights Act. | ||||||
4 | "Domestic worker" has the meaning set forth in Section 10 | ||||||
5 | of the Domestic Workers' Bill of Rights Act. "Domestic worker" | ||||||
6 | also includes independent contractors, sole proprietors, and | ||||||
7 | partnerships who engage in domestic work. | ||||||
8 | "Employee" means an individual who is or has been employed | ||||||
9 | by any combination of employers in the State of Illinois. An | ||||||
10 | employee is considered to be employed in the State of Illinois | ||||||
11 | if the employee works in Illinois or the employee routinely | ||||||
12 | performs some work in Illinois and the employee's base of | ||||||
13 | operations or the place from which the work is directed and | ||||||
14 | controlled is in Illinois. "Employee" includes domestic | ||||||
15 | workers. "Employee" does not include an employee as defined in | ||||||
16 | the federal Railroad Unemployment Insurance Act (45 U.S.C. 351 | ||||||
17 | et seq.) or the Federal Employers' Liability Act (45 U.S.C. 51 | ||||||
18 | et seq.). | ||||||
19 | "Employ" means to suffer or permit to work. | ||||||
20 | "Employer" means any person, partnership, association, | ||||||
21 | trust, estate, joint-stock company, insurance company, or | ||||||
22 | corporation, whether domestic or foreign, or the receiver, | ||||||
23 | trustee in bankruptcy, or trustee that has in its employ one or | ||||||
24 | more employees performing services for it within this State. | ||||||
25 | "Employer" includes any employer subject to the Unemployment | ||||||
26 | Insurance Act. "Employer" also includes a day and temporary |
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1 | labor service agency that provides employees on a temporary | ||||||
2 | basis to its customers. | ||||||
3 | "Employment benefits" means all benefits provided or made | ||||||
4 | available to employees by an employer, including, but not | ||||||
5 | limited to, life insurance, health insurance, disability | ||||||
6 | insurance, sick leave, annual or vacation leave, paid time | ||||||
7 | off, paid or unpaid leave, educational benefits, pensions, and | ||||||
8 | any other employment benefit required by federal, State, or | ||||||
9 | local law. | ||||||
10 | "Family member" means an employee's child, spouse, party | ||||||
11 | to a civil union, parent, or any other individual related by | ||||||
12 | blood, marriage, or civil union or whose close relationship | ||||||
13 | with the employee is the equivalent of a family relationship. | ||||||
14 | "Family and medical leave benefits" means any payments | ||||||
15 | that are payable to a covered individual for all or part of a | ||||||
16 | period of paid family and medical leave. | ||||||
17 | "Health care provider" means any person licensed under | ||||||
18 | federal, State, or local law to provide health care services | ||||||
19 | or any other person who has been authorized to provide health | ||||||
20 | care by a licensed health care provider or any other | ||||||
21 | individual determined by the Department to be capable of | ||||||
22 | providing health care services. | ||||||
23 | "Interested party" means an organization that monitors or | ||||||
24 | is attentive to compliance with public or worker safety laws, | ||||||
25 | wage and hour requirements, or other statutory requirements. | ||||||
26 | "Intermittent leave" means a nonconsecutive leave |
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1 | consisting of a minimum interval of no more than 2 hours, as | ||||||
2 | set by the Department, within a consecutive 12-month period | ||||||
3 | that begins with the first day that the covered individual | ||||||
4 | first establishes the claim. | ||||||
5 | "Medical procedure" means a course of action intended to | ||||||
6 | achieve a result in the delivery of health care. | ||||||
7 | "Miscarriage" means the loss of a pregnancy before 20 | ||||||
8 | weeks of gestation. | ||||||
9 | "Parent" means a biological parent, foster parent, | ||||||
10 | adoptive parent, or stepparent, or a person who was a legal | ||||||
11 | guardian of, or who stood in loco parentis to, an individual | ||||||
12 | when the individual was a child, or any other person whose | ||||||
13 | close association with the individual is the equivalent of a | ||||||
14 | parent. | ||||||
15 | "Placement for adoption" means the time when an individual | ||||||
16 | adopts a child or becomes a caregiver for a child pending | ||||||
17 | adoption by an individual. | ||||||
18 | "Reproductive health care" means health care offered, | ||||||
19 | arranged, or furnished for the purpose of preventing | ||||||
20 | pregnancy, terminating a pregnancy, managing pregnancy loss, | ||||||
21 | or improving maternal health and birth outcomes. "Reproductive | ||||||
22 | health care" includes, but is not limited to, contraception, | ||||||
23 | sterilization, preconception care, assisted reproduction, | ||||||
24 | maternity care, abortion care, and counseling regarding | ||||||
25 | reproductive health care. | ||||||
26 | "Self-employed individual" means an individual who |
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1 | receives self-employment income as defined in Section 1402(b) | ||||||
2 | of the Internal Revenue Code. | ||||||
3 | "Serious health condition" means an illness, injury, | ||||||
4 | impairment, or physical or mental condition that requires | ||||||
5 | inpatient care in a hospital, hospice, or residential medical | ||||||
6 | care facility or continuing medical treatment or continuing | ||||||
7 | supervision by a health care provider. | ||||||
8 | "Sexual assault" means any conduct proscribed by: (i) | ||||||
9 | Article 11 of the Criminal Code of 2012, except Sections 11-35 | ||||||
10 | and 11-45; or (ii) Section 12-13, 12-14, 12-14.1, 12-15, or | ||||||
11 | 12-16 of the Criminal Code of 2012. | ||||||
12 | "Stalking" means any conduct proscribed by Section 12-7.3, | ||||||
13 | 12-7.4, or 12-7.5 of the Criminal Code of 2012. | ||||||
14 | "Statewide average weekly wage" means the wage determined | ||||||
15 | by the Department of Employment Security pursuant to paragraph | ||||||
16 | (2) of subsection (B) of Part (I) of Section 401 of the | ||||||
17 | Unemployment Insurance Act. | ||||||
18 | "Stillbirth" means the loss of a pregnancy at 20 weeks of | ||||||
19 | gestation or later. | ||||||
20 | "Victim" means an individual who has been subjected to | ||||||
21 | domestic or sexual violence. | ||||||
22 | "Victim services organization" means a nonprofit, | ||||||
23 | nongovernmental organization that provides assistance to | ||||||
24 | victims of domestic or sexual violence, including rape crisis | ||||||
25 | centers, organizations carrying out a domestic violence | ||||||
26 | program, organizations operating a shelter or providing |
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1 | counseling services, or a legal services organization or other | ||||||
2 | organization providing assistance through the legal process. | ||||||
3 | "Wages" means any remuneration owed an individual as a | ||||||
4 | result of employment, an employment contract or agreement | ||||||
5 | between 2 or more parties or a contract for services, whether | ||||||
6 | paid directly or indirectly, including, but not limited to, | ||||||
7 | salaries, commissions, gratuities, stock options, and bonuses, | ||||||
8 | and reasonable cash value of board, rent, housing, lodging, | ||||||
9 | payment in kind and all remuneration paid in any medium other | ||||||
10 | than cash, and whether the amount is determined on a time, | ||||||
11 | task, piece, or any other basis of calculation. | ||||||
12 | "Weekly benefit amount" means the amount of wage | ||||||
13 | replacement paid to a covered individual on a weekly basis | ||||||
14 | while the covered individual is on paid family and medical | ||||||
15 | leave as provided in Section 40.
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16 | Section 15. Division of Paid Family and Medical Leave. | ||||||
17 | (a) There is created a Division of Paid Family and Medical | ||||||
18 | Leave within the Department of Labor under the supervision and | ||||||
19 | control of the Director. | ||||||
20 | (b) The Department shall name a Deputy Director of the | ||||||
21 | Division of Paid Family and Medical Leave and hire other | ||||||
22 | persons as necessary to discharge the requirements of this | ||||||
23 | Act. The Deputy Director shall have the powers delegated to | ||||||
24 | him or her by the Director, in addition to the powers set forth | ||||||
25 | in this Act. |
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1 | (c) The Department shall establish procedures and forms | ||||||
2 | for filing claims for benefits under this Act. | ||||||
3 | (d) The Department shall use information sharing and | ||||||
4 | integration technology to facilitate the disclosure of | ||||||
5 | relevant information or records by the Department. | ||||||
6 | (e) Information contained in the files and records | ||||||
7 | pertaining to an employee, self-employed individual, or any | ||||||
8 | other individual who submits files and records under this Act | ||||||
9 | is confidential and not open to public inspection under the | ||||||
10 | Freedom of Information Act, other than to public employees in | ||||||
11 | the performance of their official duties. An employer must | ||||||
12 | keep at its place of business records of employment from which | ||||||
13 | the information needed by the Department for purposes of this | ||||||
14 | Act may be obtained. The records shall at all times be open to | ||||||
15 | the inspection of the Department in accordance with rules | ||||||
16 | adopted by the Department. | ||||||
17 | (f) The Division shall develop and implement an outreach | ||||||
18 | program to ensure that individuals who may be eligible to | ||||||
19 | receive paid family and medical leave benefits under this Act | ||||||
20 | are made aware of these benefits. Outreach information shall | ||||||
21 | explain, in an easy-to-understand format, eligibility | ||||||
22 | requirements, the claims process, weekly benefit amounts, | ||||||
23 | maximum benefits payable, notice requirements, reinstatement | ||||||
24 | and nondiscrimination rights, confidentiality, and | ||||||
25 | coordination of leave under this Act and other laws, | ||||||
26 | collective bargaining agreements, and employer policies. |
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1 | Outreach information shall be available in English and in | ||||||
2 | languages other than English that are spoken as a primary | ||||||
3 | language by a significant portion of the State's population, | ||||||
4 | as determined by the Department. | ||||||
5 | (g) Any local, county, or municipal ordinance or policy | ||||||
6 | that provides for paid family and medical leave benefits for | ||||||
7 | the employees of that local unit of government, or any workers | ||||||
8 | or employers within its jurisdiction, must comply with the | ||||||
9 | requirements of this Act or provide benefits, rights, and | ||||||
10 | remedies that are greater than or equal to the benefits, | ||||||
11 | rights, and remedies afforded under this Act.
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12 | Section 17. Claims for paid family and medical leave. A | ||||||
13 | claim for paid family and medical leave may be taken by a | ||||||
14 | covered individual from work: | ||||||
15 | (1) to participate in the providing of care, including | ||||||
16 | physical or psychological care, for a family member which | ||||||
17 | was made necessary by a serious health condition or | ||||||
18 | medical procedure of the family member; | ||||||
19 | (2) to be with a child during the first 12 months after | ||||||
20 | the child's birth if the covered individual is a family | ||||||
21 | member of the child, the first 12 months after the | ||||||
22 | placement of the child for adoption or foster care with | ||||||
23 | the covered individual, the first 12 months after the | ||||||
24 | child becomes a ward, the first 12 months after in loco | ||||||
25 | parentis status of the child is acquired, or the first 12 |
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1 | months after the establishment of parentage under the | ||||||
2 | Illinois Parentage Act of 2015 if the child is 17 years of | ||||||
3 | age or younger. As used in this paragraph, "child" also | ||||||
4 | includes any individual who is less than 18 years of age or | ||||||
5 | any individual who is 18 years of age or older but is | ||||||
6 | incapable of self-care because of medical needs or a | ||||||
7 | mental or physical impairment; | ||||||
8 | (3) for the covered individual's own serious health | ||||||
9 | condition, including, but not limited to, stillbirth or | ||||||
10 | miscarriage or other conditions in connection with | ||||||
11 | pregnancy, recovery from childbirth, related conditions | ||||||
12 | even though the covered individual does not receive | ||||||
13 | treatment from a health care provider during the absence, | ||||||
14 | including, but not limited to, absence due to morning | ||||||
15 | sickness, a physical limitation arising from pregnancy, or | ||||||
16 | exposure to chemicals or hazardous material that may be | ||||||
17 | harmful, or any other related condition; | ||||||
18 | (4) for the covered individual's own reproductive | ||||||
19 | health care; | ||||||
20 | (5) because the covered individual's or the covered | ||||||
21 | individual's family member is the victim of domestic or | ||||||
22 | sexual violence and the covered individual requests leave | ||||||
23 | because the victim is: (i) experiencing or has experienced | ||||||
24 | an incident of or ongoing domestic or sexual violence; | ||||||
25 | (ii) seeking medical attention for, or recovering from, | ||||||
26 | physical, emotional, or psychological injuries caused by |
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1 | domestic or sexual violence; (iii) obtaining services from | ||||||
2 | a victim services organization; (iv) obtaining | ||||||
3 | psychological or other counseling; (v) participating in | ||||||
4 | safety planning, temporarily or permanently relocating, or | ||||||
5 | taking other actions to increase the safety of the victim | ||||||
6 | or the victim's family members from future domestic or | ||||||
7 | sexual violence to ensure safety or economic security; or | ||||||
8 | (vi) seeking legal assistance or remedies to ensure the | ||||||
9 | health and safety of the victim or the victim's family | ||||||
10 | members, including preparing for or participating in any | ||||||
11 | civil or criminal legal proceeding related to or derived | ||||||
12 | from domestic or sexual violence; and | ||||||
13 | (6) because of any qualifying exigency as interpreted | ||||||
14 | under the Family and Medical Leave Act of 1993 (29 U.S.C. | ||||||
15 | 2612(a)(1)(E) and 29 CFR 825.126) arising out of the fact | ||||||
16 | that a family member is on active duty in the Armed Forces | ||||||
17 | of the United States. | ||||||
18 | As used in this Act, "paid family and medical leave" does | ||||||
19 | not include any period of time during which a covered | ||||||
20 | individual is paid benefits under the Workers' Compensation | ||||||
21 | Act, the Workers' Occupational Diseases Act, or the | ||||||
22 | Unemployment Insurance Act because the covered individual is | ||||||
23 | unable to perform the duties of the covered individual's | ||||||
24 | employment due to the covered individual's own disability.
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25 | Section 20. Eligibility for benefits; certification. |
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1 | (a) The Department may require that a claim for paid | ||||||
2 | family and medical leave benefits under this Section be | ||||||
3 | supported by a certification. | ||||||
4 | (1) For a claim for paid family and medical leave | ||||||
5 | under paragraph (1) or (3) of Section 17, the | ||||||
6 | certification shall be sufficient if it is issued by a | ||||||
7 | health care provider of the covered individual's choosing | ||||||
8 | who is providing care to the covered individual or the | ||||||
9 | covered individual's family member, as applicable, and the | ||||||
10 | need for intermittent leave, if applicable; however, the | ||||||
11 | Department may require suitable alternative documentation | ||||||
12 | where it is impractical or impossible to acquire | ||||||
13 | certification from a health care provider. | ||||||
14 | (2) For a claim under paragraph (2) or (4) of Section | ||||||
15 | 17, leave shall be granted without certification. | ||||||
16 | (3) For a claim under paragraph (5) of Section 17, any | ||||||
17 | one of the following documents is acceptable for | ||||||
18 | certification and only one of the documents shall be | ||||||
19 | required: a police report, a court document, a document | ||||||
20 | issued by a healthcare provider, or a signed statement | ||||||
21 | from an attorney, a member of the clergy, or a victim | ||||||
22 | services organization or advocate. It is up to the covered | ||||||
23 | individual to determine which documentation to submit. If | ||||||
24 | documentation has been submitted, the Department or the | ||||||
25 | employer shall not request or require any other | ||||||
26 | documentation if the reason for the initial or subsequent |
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1 | claim for paid family and medical leave is related to the | ||||||
2 | same incident of violence or the same perpetrator of the | ||||||
3 | violence. The Department may require alternative | ||||||
4 | documentation where it is impractical or impossible to | ||||||
5 | acquire certification from the listed documents in this | ||||||
6 | paragraph. | ||||||
7 | (4) For a claim under paragraph (6) of Section 17, one | ||||||
8 | of the following documents is acceptable for | ||||||
9 | certification: a copy of the family member's active duty | ||||||
10 | orders, other documentation issued by the U.S. Armed | ||||||
11 | Forces, or other documentation permitted by the | ||||||
12 | Department. | ||||||
13 | (b) If an employer provides paid or unpaid leave, the | ||||||
14 | employee may elect whether first to use the paid or unpaid | ||||||
15 | leave or to receive paid family and medical leave benefits | ||||||
16 | under this Act. An employee may not be required to use paid or | ||||||
17 | unpaid leave provided by the employer if leave is provided by | ||||||
18 | federal, State, or local law. | ||||||
19 | (c) This Section does not limit an employee's right to | ||||||
20 | take leave from employment under other laws or employer | ||||||
21 | policy. | ||||||
22 | (d) The eligibility of an individual for benefits is not | ||||||
23 | affected by a strike or lockout at the factory, establishment, | ||||||
24 | or other premises at which the individual is or was last | ||||||
25 | employed. | ||||||
26 | (e) An employee who has received benefits under this |
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1 | Section may not lose any other employment benefits, including | ||||||
2 | seniority or pension rights, accrued before the date that paid | ||||||
3 | family and medical leave commenced. This Section does not | ||||||
4 | entitle an employee to accrue employment benefits during a | ||||||
5 | period of paid family and medical leave or to a right, benefit, | ||||||
6 | or position of employment other than a right, benefit, or | ||||||
7 | position to which the employee would have been entitled had | ||||||
8 | the employee not taken paid family and medical leave. | ||||||
9 | (f) Subject to the requirements of this Act, an individual | ||||||
10 | shall be eligible to receive benefits under this Act if that | ||||||
11 | individual has been paid during the individual's base period | ||||||
12 | wages equal to not less than $1,600, provided that the | ||||||
13 | individual has been paid wages equal to at least $440 during | ||||||
14 | that part of the individual's base period which does not | ||||||
15 | include the calendar quarter in which the wages paid to the | ||||||
16 | individual were highest. "Base period" means the first 4 of | ||||||
17 | the last 5 completed calendar quarters immediately preceding | ||||||
18 | the Sunday immediately preceding the first day that family and | ||||||
19 | medical leave under this Act commences for the covered | ||||||
20 | individual. If an individual is not eligible to receive paid | ||||||
21 | family and medical leave benefits or an individual's weekly | ||||||
22 | benefit amount would be lower using the base period, a base | ||||||
23 | period consisting of the last 4 completed quarters immediately | ||||||
24 | preceding the Sunday immediately preceding the first day that | ||||||
25 | paid family and medical leave under this Act commences shall | ||||||
26 | be used to establish eligibility or a higher weekly benefit |
| |||||||
| |||||||
1 | amount for the covered individual. | ||||||
2 | (g) Nothing in this Act shall be deemed to interfere with, | ||||||
3 | impede, or in any way diminish the right of individuals to | ||||||
4 | bargain collectively with their employers through | ||||||
5 | representatives of their own choosing in order to establish | ||||||
6 | wages or other conditions of work in excess of the applicable | ||||||
7 | minimum standards established in this Act. The paid family and | ||||||
8 | medical leave requirements of this Act may be waived in a bona | ||||||
9 | fide collective bargaining agreement, but only if the waiver | ||||||
10 | is set forth explicitly in the agreement in clear and | ||||||
11 | unambiguous terms and the employer offers an approved | ||||||
12 | equivalent plan under Section 50. | ||||||
13 | (h) Nothing in this Act shall be deemed to affect the | ||||||
14 | validity or change the terms of bona fide collective | ||||||
15 | bargaining agreements in force on the effective date of this | ||||||
16 | Act. After that date, the requirements of this Act may be | ||||||
17 | waived in a bona fide collective bargaining agreement, but | ||||||
18 | only in accordance with subsection (g). | ||||||
19 | (i) This Section does not create a continuing entitlement | ||||||
20 | or contractual right. | ||||||
21 | (j) Nothing in the Section shall limit the eligibility of | ||||||
22 | an employee for benefits upon the change of employment as long | ||||||
23 | as the employee remains an employee or has been employed by any | ||||||
24 | employer in the State of Illinois within the 2 quarters | ||||||
25 | preceding his or her submission of a claim for paid family and | ||||||
26 | medical leave.
|
| |||||||
| |||||||
1 | Section 25. Self-employed benefits. | ||||||
2 | (a) For benefits payable beginning January 1, 2028, any | ||||||
3 | self-employed individual may elect to be covered under this | ||||||
4 | Act. The self-employed individual must file a notice of | ||||||
5 | election in writing with the Department and contribute to the | ||||||
6 | Paid Family and Medical Leave Insurance Program Fund as | ||||||
7 | described in Section 35. The self-employed individual must | ||||||
8 | agree to supply any information concerning taxable income that | ||||||
9 | the Department deems necessary. After the election is | ||||||
10 | processed by the Department, the self-employed individual must | ||||||
11 | begin submitting payroll deductions as an employee and an | ||||||
12 | employer required under Section 35 for a minimum period of 3 | ||||||
13 | years. In order to be eligible to receive benefits under this | ||||||
14 | Act, the self-employed individual must satisfy the financial | ||||||
15 | eligibility requirements of subsection (f) of Section 20 and | ||||||
16 | have submitted payroll deductions as an employee as required | ||||||
17 | under Section 35 for a minimum of 3 months preceding any claim | ||||||
18 | for leave under this Act. | ||||||
19 | (b) A self-employed individual who has elected to be | ||||||
20 | covered may terminate coverage by filing written notice with | ||||||
21 | the Department as prescribed by rule only upon a bona fide | ||||||
22 | change in the employment status of the self-employed | ||||||
23 | individual or as described under subsection (c). The | ||||||
24 | termination may not take effect sooner than 30 days after the | ||||||
25 | notice is filed and may not be filed while the self-employed |
| |||||||
| |||||||
1 | individual is on leave approved under this Act. If termination | ||||||
2 | is permitted, the Department may waive the requirements in | ||||||
3 | subsection (a) that a self-employed individual submit payroll | ||||||
4 | deductions as an employee and employer for a minimum period of | ||||||
5 | 3 years. Once a self-employed individual terminates coverage, | ||||||
6 | the individual shall be disqualified from seeking another | ||||||
7 | election of coverage as a self-employed individual for a | ||||||
8 | period of 2 years unless he or she can demonstrate a bona fide | ||||||
9 | change in employment status resulting in the need for a | ||||||
10 | subsequent election within those 2 years. | ||||||
11 | (c) A self-employed individual who has elected to be | ||||||
12 | covered may terminate coverage based upon the filing of a | ||||||
13 | voluntary or involuntary bankruptcy petition. The elective | ||||||
14 | coverage of a self-employed individual terminates on the date | ||||||
15 | the self-employed individual provides written notice and | ||||||
16 | documentation to the Department to support the bankruptcy | ||||||
17 | petition filing of the self-employed individual.
| ||||||
18 | Section 30. Disqualification from benefits. | ||||||
19 | (a) A covered individual is disqualified from paid family | ||||||
20 | and medical leave benefits under this Act if the covered | ||||||
21 | individual willfully makes a false statement to obtain | ||||||
22 | benefits. | ||||||
23 | (b) A disqualification for paid family and medical leave | ||||||
24 | benefits is for a period of 2 years, and commences on the first | ||||||
25 | day of the calendar week in which the covered individual filed |
| |||||||
| |||||||
1 | a claim for benefits under this Act. A covered individual who | ||||||
2 | is disqualified for benefits is liable to the Department for a | ||||||
3 | penalty in an amount equal to 15% of the amount of benefits | ||||||
4 | received by the covered individual.
| ||||||
5 | Section 35. Paid Family and Medical Leave Insurance | ||||||
6 | Program Fund. | ||||||
7 | (a) The Paid Family and Medical Leave Insurance Program | ||||||
8 | Fund is created as a special fund in the State treasury. The | ||||||
9 | Fund shall be separated into 2 accounts, one for the | ||||||
10 | administration of this Act and one for the payment of paid | ||||||
11 | family and medical leave benefits under this Act. All interest | ||||||
12 | that accrues on moneys in the Fund shall be credited to the | ||||||
13 | Fund. Nothing in this Act shall be construed to prohibit an | ||||||
14 | employer from providing additional voluntary employer | ||||||
15 | contributions toward the cost of benefits provided under this | ||||||
16 | Act. These voluntary contributions may be in addition to | ||||||
17 | employee payroll deductions or used to replace in whole or in | ||||||
18 | part employee payroll deductions. | ||||||
19 | (b) The Department shall by rule provide for the | ||||||
20 | collection of premium contributions. The amount of the premium | ||||||
21 | contribution imposed under this Section, less refunds | ||||||
22 | authorized by this Act, and all assessments and penalties | ||||||
23 | collected under this Act shall be deposited into and credited | ||||||
24 | to the Fund. | ||||||
25 | (1) Beginning January 1, 2027, the combined premium |
| |||||||
| |||||||
1 | contribution shall be 1.12% of wages. | ||||||
2 | (2) At no time shall the combined premium contribution | ||||||
3 | be greater than 1.25% of wages. | ||||||
4 | (3) Beginning January 1, 2027, an employer shall | ||||||
5 | retain from all employees a payroll premium deduction in | ||||||
6 | the amount of 40% of the total premium contribution amount | ||||||
7 | established by the actuarial analysis as a percentage of | ||||||
8 | wages for all employees and an employer with 25 or more | ||||||
9 | employees shall pay the remaining 60% of the premium | ||||||
10 | contribution. | ||||||
11 | (4) Beginning January 1, 2029, an employer shall | ||||||
12 | retain from all employees a payroll premium deduction in | ||||||
13 | the amount of 40% of the total premium contribution amount | ||||||
14 | established by the actuarial analysis as a percentage of | ||||||
15 | wages for all employees and an employer with one or more | ||||||
16 | employees shall pay the remaining 60% of the premium | ||||||
17 | contribution. No employee shall be required to pay a | ||||||
18 | higher percentage premium than any other employee. | ||||||
19 | (5) Beginning January 1, 2028, and each calendar year | ||||||
20 | thereafter, not later than October 1 of the prior year, | ||||||
21 | the Department shall set the premium contribution rate for | ||||||
22 | the coming calendar year at the rate necessary to obtain a | ||||||
23 | total amount of contributions equal to 135% of the | ||||||
24 | benefits paid during the previous fiscal year plus an | ||||||
25 | amount equal to 100% of the cost of administration of the | ||||||
26 | payment of those benefits during the previous fiscal year, |
| |||||||
| |||||||
1 | less the amount of net assets remaining in the Fund as of | ||||||
2 | June 30 of the current calendar year. | ||||||
3 | (6) Premium contributions shall not be assessed on the | ||||||
4 | first $15,000 of a covered individual's wages. | ||||||
5 | (7) Premium contributions shall not be assessed on a | ||||||
6 | covered individual's wages that exceed $352,200 or 2 times | ||||||
7 | the Social Security contribution and benefit base, as | ||||||
8 | determined under 42 U.S.C. 430, whichever is greater. | ||||||
9 | (c) A Paid Family and Medical Leave Insurance Program | ||||||
10 | Advisory Board is established as an advisory board to the | ||||||
11 | Department of Labor. The Advisory Board shall advise the | ||||||
12 | Department in planning for, implementing, and evaluating the | ||||||
13 | Paid Family and Medical Leave Insurance Program to ensure that | ||||||
14 | all eligible Illinois workers can afford to participate in the | ||||||
15 | program and take leave as necessary, while considering the | ||||||
16 | impact on Illinois employers. The Advisory Board shall | ||||||
17 | continuously evaluate the program to determine what barriers | ||||||
18 | to access or other inequities may exist within its | ||||||
19 | administration, including evaluating program uptake to ensure | ||||||
20 | low-income and middle-income workers are participating in the | ||||||
21 | program. The Advisory Board shall make recommendations for | ||||||
22 | improvements to the program, as appropriate, including, but | ||||||
23 | not limited to, the appropriate and sustainable number of | ||||||
24 | weeks of leave allowed, the rates of wage replacement and | ||||||
25 | premium contributions, and any recommended wage exemptions or | ||||||
26 | caps. |
| |||||||
| |||||||
1 | (d) The Advisory Board shall include and represent the | ||||||
2 | diversity of workers, business, self-employed individuals, and | ||||||
3 | advocacy organizations in Illinois. No later than January 1, | ||||||
4 | 2027, the Governor shall appoint, with the advice and consent | ||||||
5 | of the Senate, members to the Advisory Board as follows: | ||||||
6 | (1) 4 employees of businesses in this State or members | ||||||
7 | of an organization representing employees in this State; | ||||||
8 | (2) 4 owners of businesses in this State; and | ||||||
9 | (3) one member of the public who resides in this | ||||||
10 | State. | ||||||
11 | (e) The Director shall annually, on or before March 1, | ||||||
12 | report in writing to the Advisory Board concerning the | ||||||
13 | deposits into and expenditures from this State's account in | ||||||
14 | the Paid Family and Medical Leave Insurance Program Fund. The | ||||||
15 | Advisory Board shall meet at least once per quarter. The | ||||||
16 | Advisory Board shall hold time for public comment at every | ||||||
17 | meeting. The members shall serve without compensation but are | ||||||
18 | entitled to reimbursement for travel expenses. | ||||||
19 | (f) The Department may adjust rates, not to exceed the | ||||||
20 | amount established in subsection (b), for the collection of | ||||||
21 | premiums as described in subsection (c). The Department shall | ||||||
22 | set rates for premiums and deductions in a manner that | ||||||
23 | minimizes the volatility of the rates assessed and so that at | ||||||
24 | the end of the period for which the rates are effective, the | ||||||
25 | cash balance shall be an amount approximating 12 months of | ||||||
26 | projected expenditures from the Fund, considering the |
| |||||||
| |||||||
1 | functions and duties of the Department under this Act.
| ||||||
2 | Section 40. Compensation for paid family and medical | ||||||
3 | leave. | ||||||
4 | (a) A covered individual's weekly benefit rate shall be | ||||||
5 | 90% of his or her average weekly wage, subject to a maximum of | ||||||
6 | the statewide average weekly wage paid to workers by | ||||||
7 | employers; however, the covered individual's benefit rate | ||||||
8 | shall be computed to the next lower multiple of $1 if not | ||||||
9 | already a multiple thereof. The amount of benefits for each | ||||||
10 | day of paid family and medical leave for which benefits are | ||||||
11 | payable shall be one-fifth of the corresponding weekly benefit | ||||||
12 | amount; however, the total benefits for a fractional part of a | ||||||
13 | week shall be computed to the next lower multiple of $1 if not | ||||||
14 | already a multiple thereof. The first payment of benefits must | ||||||
15 | be made to a covered individual within 14 calendar days after | ||||||
16 | the claim is filed and there is sufficient information to | ||||||
17 | approve at least one week of benefits; subsequent payments | ||||||
18 | must be made no later than semi-monthly thereafter. | ||||||
19 | (b) With respect to any period of paid family and medical | ||||||
20 | leave and while an individual is a covered individual, family | ||||||
21 | and medical leave benefits not in excess of the covered | ||||||
22 | individual's maximum benefits shall be payable with respect to | ||||||
23 | the first day of leave taken. The maximum total benefits | ||||||
24 | payable to any covered individual within a covered base year | ||||||
25 | shall be 18 times the covered individual's weekly benefit |
| |||||||
| |||||||
1 | amount; however, the maximum amount shall be computed in the | ||||||
2 | next lower multiple of $1 if not already a multiple thereof. | ||||||
3 | (c) The maximum weekly benefit for family and medical | ||||||
4 | leave that occurs on or after January 1, 2028 shall be $1,200. | ||||||
5 | By September 30, 2029, and by September 30 of each year | ||||||
6 | thereafter, the maximum weekly benefit shall be adjusted to | ||||||
7 | the State average weekly wage. The adjusted maximum weekly | ||||||
8 | benefit amount takes effect on the following January 1. | ||||||
9 | (d) Nothing in this Act shall be construed to prohibit the | ||||||
10 | establishment by an employer, without approval by the | ||||||
11 | Department, of a supplementary plan or plans providing for the | ||||||
12 | payment to employees, or to any class or classes of employees, | ||||||
13 | of benefits in addition to the benefits provided by this Act or | ||||||
14 | to prohibit the collection or receipt of voluntary | ||||||
15 | contributions from employees toward the cost of the additional | ||||||
16 | benefits. However, no employee shall be asked or required to | ||||||
17 | contribute to any plan or plans, even on a voluntary basis, if | ||||||
18 | the employee is not able to use or access the benefits for | ||||||
19 | which they are contributing from the plan or plans. The | ||||||
20 | rights, duties, and responsibilities of all interested parties | ||||||
21 | under the supplementary plans shall be unaffected by any | ||||||
22 | provision of this Act.
| ||||||
23 | Section 45. Paid family and medical leave; duration. | ||||||
24 | (a) Beginning January 1, 2028, a covered individual may | ||||||
25 | take 18 weeks of paid family and medical leave within any |
| |||||||
| |||||||
1 | 12-month period that begins with the first day that the | ||||||
2 | covered employee first establishes the claim in order to | ||||||
3 | provide care made necessary by reasons identified in Section | ||||||
4 | 17. A covered individual may take paid family and medical | ||||||
5 | leave on an intermittent schedule in which all leave | ||||||
6 | authorized under this Act is not taken sequentially. A covered | ||||||
7 | individual may take up to an additional 9 weeks of paid family | ||||||
8 | and medical leave within any 12-month period that begins with | ||||||
9 | the first day that the covered individual first establishes | ||||||
10 | the claim for which the covered individual is eligible for | ||||||
11 | leave taken in connection with pregnancy, recovery from | ||||||
12 | childbirth, related conditions, or if the child of the covered | ||||||
13 | individual was a patient in the neonatal intensive care unit. | ||||||
14 | (b) The taking of leave intermittently or on a medically | ||||||
15 | necessary periodic schedule under this Section shall not | ||||||
16 | result in a reduction in the total amount of leave to which the | ||||||
17 | covered individual is entitled under this Act.
| ||||||
18 | Section 50. Employer equivalent plans. | ||||||
19 | (a) An employer, whether a private sector or public sector | ||||||
20 | employer, may apply to the Division for approval of an | ||||||
21 | employer-offered benefit plan that provides family and medical | ||||||
22 | leave benefits to the employer's employees. In order to be | ||||||
23 | approved, an employer-offered plan must confer all same | ||||||
24 | rights, protections, and benefits provided to covered | ||||||
25 | individuals under this Act, including, but not limited to, the |
| |||||||
| |||||||
1 | bases for leave, the duration of leave, the wage replacement | ||||||
2 | rate, and the ability to appeal a denial for a claim for | ||||||
3 | benefits. The equivalent plan shall not discriminate against | ||||||
4 | any employee based on their wage or other compensation or the | ||||||
5 | employee's job category or position. | ||||||
6 | (b) If the plan is in the form of a third party that | ||||||
7 | provides for insurance, the forms of the policy must be issued | ||||||
8 | by an insurer approved by the State. | ||||||
9 | (c) An employer that seeks approval of a plan shall submit | ||||||
10 | an application to the Division in the form and manner and by | ||||||
11 | the date prescribed by the Department by rule, accompanied by | ||||||
12 | an application fee. The application fee shall be no less than | ||||||
13 | $250 and no more than $1,000. The Department shall establish | ||||||
14 | the criteria for the cost of application fees over $250, | ||||||
15 | including, but not limited to, the number of the employees, | ||||||
16 | employer earnings, and the time and resources the Department | ||||||
17 | expends to assess employer-offered plans. An employer shall | ||||||
18 | reapply for approval from the Division annually or whenever | ||||||
19 | the employee's plan changes. The reapplication fee shall be no | ||||||
20 | less than $150 and no more than $1,000. The Department shall | ||||||
21 | establish the criteria for the cost of reapplication fees over | ||||||
22 | $150, including, but not limited to, the number of employees, | ||||||
23 | employer earnings, the time and resources the Department | ||||||
24 | expends to assess reapplication of employer-offered plans, and | ||||||
25 | the extent of changes to the plan. | ||||||
26 | (d) The Division shall review and approve an application |
| |||||||
| |||||||
1 | for a plan if the Deputy Director finds that: | ||||||
2 | (1) the plan is made available to all employees who | ||||||
3 | have been employed with an employer and meet the | ||||||
4 | definition of employee; | ||||||
5 | (2) the benefits and rights afforded to employees | ||||||
6 | covered under the plan are equal to or greater than the | ||||||
7 | benefits and rights that an employee would qualify for | ||||||
8 | under this Act; and | ||||||
9 | (3) the plan does not require an employee or | ||||||
10 | prospective employee, as a condition of employment, to | ||||||
11 | execute or renew a contract, agreement, clause, covenant, | ||||||
12 | waiver, or other document that prohibits or attempts to | ||||||
13 | prohibit employees from making statements or disclosures | ||||||
14 | regarding an employer's equivalency plan, as long as the | ||||||
15 | statements or disclosures are not known to be false by the | ||||||
16 | employee or prospective employee. No contract, agreement, | ||||||
17 | clause, covenant, waiver, or other document shall | ||||||
18 | prohibit, prevent, or otherwise restrict an employee, | ||||||
19 | prospective employee, or former employee from reporting | ||||||
20 | any allegations of unlawful conduct under this Act and | ||||||
21 | participating in any investigation or hearings conducted | ||||||
22 | by the Department or any court. | ||||||
23 | If the plan is in the form of self-insurance, the employer | ||||||
24 | must furnish a bond to the Department with a surety company | ||||||
25 | authorized to transact business in this State in the form, | ||||||
26 | amount, and manner required by the Department. |
| |||||||
| |||||||
1 | (e) Once an application is approved, beginning January 1 | ||||||
2 | of the following year, neither the employer nor an employee | ||||||
3 | covered under an employer plan is subject to the requirements | ||||||
4 | of this Act or required to make the contributions or | ||||||
5 | deductions as described in Section 35. | ||||||
6 | (f) An employer shall assume all costs related to a plan | ||||||
7 | approved under this Section and shall not deduct contributions | ||||||
8 | from the wages of employees or in any manner have employees pay | ||||||
9 | for the plan. | ||||||
10 | (g) An employer that offers a plan approved under this | ||||||
11 | Section shall: | ||||||
12 | (1) maintain all reports, information, and records | ||||||
13 | relating to the plan, including payroll and account | ||||||
14 | records that document employee contributions and expenses, | ||||||
15 | in the manner established by the Department by rule; and | ||||||
16 | (2) provide written notice annually to employees that | ||||||
17 | includes: | ||||||
18 | (A) information about benefits available under the | ||||||
19 | approved plan, including the duration of leave; | ||||||
20 | (B) the process for filing a claim to receive | ||||||
21 | benefits under the plan; | ||||||
22 | (C) the right to job protection and benefits | ||||||
23 | continuation; and | ||||||
24 | (D) a statement that discrimination and | ||||||
25 | retaliatory actions against an employee for inquiring | ||||||
26 | about the paid family and medical leave insurance |
| |||||||
| |||||||
1 | program established under this Act, giving | ||||||
2 | notification of leave under the program, taking leave | ||||||
3 | under the program, or claiming paid family and medical | ||||||
4 | leave benefits are prohibited. | ||||||
5 | (h) Each quarter, employers who have received approval for | ||||||
6 | an employer-offered plan under this Section must report to the | ||||||
7 | Division the number of claims for benefits the employer | ||||||
8 | received, the number of claims that were denied and the bases | ||||||
9 | for those denials, and the number of claims that were | ||||||
10 | approved. In addition, for all denials and approvals of | ||||||
11 | claims, employers shall report the number of denials and | ||||||
12 | approvals as distributed by gender, race, ethnicity, wages, | ||||||
13 | and any other demographic factors determined to be relevant by | ||||||
14 | the Department. | ||||||
15 | (i) The Division may investigate an employer-offered plan | ||||||
16 | approved under this Section for violations of this Act based | ||||||
17 | upon a complaint submitted by an employee subject to the plan, | ||||||
18 | an interested party, or evidence of a pattern and practice of | ||||||
19 | denials based upon the date submitted by the employer in | ||||||
20 | subsection (h) of this Section. | ||||||
21 | (j) Where the Division finds an employer-offered plan has | ||||||
22 | been administered inconsistently with its approval, the | ||||||
23 | Department may withdraw approval for an employer-offered plan | ||||||
24 | granted under this Section. An employer who has had its | ||||||
25 | approval for an employer-offered plan withdrawn under this | ||||||
26 | Section shall be subject to an additional penalty contribution |
| |||||||
| |||||||
1 | rate equivalent to 50% of the standard contribution rate | ||||||
2 | assigned to an employer under Section 35 for a period of time | ||||||
3 | to be determined by the Department, not to exceed 2 years. | ||||||
4 | Causes for plan termination shall include, but not be limited | ||||||
5 | to, the following: | ||||||
6 | (1) failure to pay benefits to eligible employees; | ||||||
7 | (2) failure to pay benefits timely and in a manner | ||||||
8 | consistent with this Act; | ||||||
9 | (3) failure to maintain reports and provide notice | ||||||
10 | under subsection (g) or submit the required data under | ||||||
11 | subsection (h) or comply with other compliance | ||||||
12 | requirements as required by the Deputy Director or the | ||||||
13 | Department by rule; or | ||||||
14 | (4) failure to comply with this Act or the rules | ||||||
15 | adopted in accordance with this Act. | ||||||
16 | (k) An employer may be subjected to penalties under | ||||||
17 | Section 70 if the employer fails to maintain an approved | ||||||
18 | equivalency plan or provide benefits to employees under an | ||||||
19 | approved equivalency plan that are inconsistent with this Act. | ||||||
20 | (l) An interested party or person aggrieved by a violation | ||||||
21 | of this Section by an employer may file suit in circuit court | ||||||
22 | in the county where the alleged offense occurred or where any | ||||||
23 | person who is party to the action resides, without regard to | ||||||
24 | exhaustion of any alternative administrative remedies provided | ||||||
25 | in this Act. Actions may be brought by one or more persons for | ||||||
26 | and on behalf of themselves and other persons similarly |
| |||||||
| |||||||
1 | situated. A person whose rights have been violated under this | ||||||
2 | Section by an employer is entitled to collect: | ||||||
3 | (1) the amount of any wages, salary, employment | ||||||
4 | benefits, or other compensation denied or lost to the | ||||||
5 | person by reason of the violation, plus an equal amount in | ||||||
6 | liquidated damages; | ||||||
7 | (2) compensatory damages and an amount up to $500 for | ||||||
8 | each violation of this Act or any rule adopted under this | ||||||
9 | Act; | ||||||
10 | (3) in the case of unlawful retaliation, all legal or | ||||||
11 | equitable relief as may be appropriate; and | ||||||
12 | (4) attorney's fees and costs. | ||||||
13 | The right of an interested party or aggrieved person to | ||||||
14 | bring an action under this Section terminates upon the passing | ||||||
15 | of 3 years from the date of the alleged violation or, for a | ||||||
16 | series of violations, the last date in which a violation | ||||||
17 | occurred. This limitations period is tolled if an employer has | ||||||
18 | deterred a person's exercise of rights under this Section.
| ||||||
19 | Section 55. Annual reports; contents. | ||||||
20 | (a) The Department shall issue and make available to the | ||||||
21 | public, not later than January 1, 2029 and each January 1 | ||||||
22 | thereafter, annual reports providing data on paid family and | ||||||
23 | medical leave benefits, whether provided through the | ||||||
24 | State-operated program or through employer equivalent plans as | ||||||
25 | described in Section 50, including separate data for each of |
| |||||||
| |||||||
1 | the paid family and medical leave categories described in | ||||||
2 | Section 17. The reports shall include, for each category of | ||||||
3 | claims, the number of workers receiving the benefits, the | ||||||
4 | amount of benefits paid, the average duration of benefits, the | ||||||
5 | average weekly benefit, and any reported amount of paid leave, | ||||||
6 | vacation, or other fully paid time which resulted in reduced | ||||||
7 | benefit duration. The reports shall provide data by gender, | ||||||
8 | race, ethnicity, wages, and any other demographic factors | ||||||
9 | determined to be relevant by the Department. The reports shall | ||||||
10 | also provide for: (i) all family and medical leave benefits, | ||||||
11 | the total costs of benefits and the total cost of | ||||||
12 | administration, the portion of benefits for claims during paid | ||||||
13 | family and medical leave, and the total revenues from employer | ||||||
14 | premium contributions, where applicable; (ii) employee | ||||||
15 | assessments; and (iii) other sources. Any and all data made | ||||||
16 | available to the public shall be de-identified and anonymized. | ||||||
17 | (b) The Division may, in its discretion, conduct surveys | ||||||
18 | and other research regarding, and include in the annual | ||||||
19 | reports descriptions and evaluations of, the impact and | ||||||
20 | potential future impact of the costs and benefits resulting | ||||||
21 | from the provisions of this Act for: | ||||||
22 | (1) employees and their families, including surveys | ||||||
23 | and evaluations of what portion of the total number of | ||||||
24 | employees taking leave would not have taken leave, or | ||||||
25 | would have taken less leave, without the availability of | ||||||
26 | benefits; what portion of employees return to work after |
| |||||||
| |||||||
1 | receiving benefits and what portion are not permitted to | ||||||
2 | return to work; and what portion of employees who are | ||||||
3 | eligible for benefits do not claim or receive them and why | ||||||
4 | they do not; | ||||||
5 | (2) employers, including benefits such as reduced | ||||||
6 | training and other costs related to reduced turnover of | ||||||
7 | personnel, and increased affordability of paid family and | ||||||
8 | medical leave as provided pursuant to this Act, with | ||||||
9 | special attention given to small businesses; and | ||||||
10 | (3) the public, including savings caused by any | ||||||
11 | reduction in the number of people receiving public | ||||||
12 | assistance. | ||||||
13 | (c) The total amount of any expenses that the Department | ||||||
14 | determines are necessary to carry out its duties described in | ||||||
15 | this Section shall be charged to the administration account of | ||||||
16 | the Fund.
| ||||||
17 | Section 60. Hearings. A person aggrieved by a decision of | ||||||
18 | the Department under this Act may request a hearing. The | ||||||
19 | Department shall adopt rules governing hearings and the | ||||||
20 | issuance of final orders under this Act in accordance with the | ||||||
21 | Illinois Administrative Procedure Act. All final | ||||||
22 | administrative decisions of the Department under this Act are | ||||||
23 | subject to judicial review under the Administrative Review | ||||||
24 | Law.
|
| |||||||
| |||||||
1 | Section 65. Prohibited acts; enforcement. | ||||||
2 | (a) No employer, day and temporary labor service agency, | ||||||
3 | employee organization, or other person shall discharge, expel, | ||||||
4 | or otherwise retaliate or discriminate against an individual | ||||||
5 | because the individual has requested paid family and medical | ||||||
6 | leave, attempted to claim paid family and medical leave | ||||||
7 | benefits, taken paid family and medical leave, filed or | ||||||
8 | communicated to the employer an intent to file a claim, a | ||||||
9 | complaint, or an appeal, or has testified or is about to | ||||||
10 | testify or has assisted in any proceeding, under this Act, at | ||||||
11 | any time or the individual has spoken to any other individual | ||||||
12 | for any reason about paid family and medical leave. | ||||||
13 | (b) A person aggrieved by a violation of subsection (a) | ||||||
14 | may file suit in circuit court in the county where the alleged | ||||||
15 | offense occurred or where any person who is party to the action | ||||||
16 | resides without regard to exhaustion of any alternative | ||||||
17 | administrative remedies provided in this Act. Any employer | ||||||
18 | that violates subsection (a) shall be liable to the individual | ||||||
19 | who is affected by the violation for damages equal to the sum | ||||||
20 | of disciplining, or counting paid leave under a no-fault | ||||||
21 | attendance policy. Retaliation shall subject an employer to | ||||||
22 | civil penalties under this Act as follows: | ||||||
23 | (1) the amount of: | ||||||
24 | (A) any wages, salary, employment benefits, or | ||||||
25 | other compensation denied or lost to the individual by | ||||||
26 | reason of the violation; or |
| |||||||
| |||||||
1 | (B) in a case in which wages, salary, employment | ||||||
2 | benefits, or other compensation have not been denied | ||||||
3 | or lost to the individual, any actual monetary losses | ||||||
4 | sustained by the individual as a direct violation, | ||||||
5 | such as the cost of providing care, up to a sum equal | ||||||
6 | to 60 calendar days of wages or salary for the | ||||||
7 | individual; and | ||||||
8 | (2) the interest on the amount described under | ||||||
9 | subparagraph (A) of paragraph (1) calculated at the | ||||||
10 | prevailing rate; and | ||||||
11 | (3) an additional amount as liquidated damages equal | ||||||
12 | to the sum of the amount described in paragraph (1) and the | ||||||
13 | interest described in paragraph (2), except if a person | ||||||
14 | who has violated subsection (a) proves to the satisfaction | ||||||
15 | of the court that the act or omission was in good faith and | ||||||
16 | that the person had reasonable grounds for believing that | ||||||
17 | the act or omission was not a violation of subsection (a), | ||||||
18 | the court may, in the discretion of the court, reduce the | ||||||
19 | amount of the liability to the amount and interest | ||||||
20 | determined under subparagraph (A) or (B) of paragraph (1), | ||||||
21 | respectively. | ||||||
22 | In addition, a court may order equitable relief as may be | ||||||
23 | appropriate, including employment, reinstatement, promotion, | ||||||
24 | and reinstatement of a contract for services. | ||||||
25 | (c) An action to recover the damages or obtain equitable | ||||||
26 | relief under subsection (a) may be maintained against any |
| |||||||
| |||||||
1 | person in any court on behalf of: | ||||||
2 | (1) the aggrieved individual; or | ||||||
3 | (2) the aggrieved individual or other individuals | ||||||
4 | similarly situated. | ||||||
5 | (d) The court in an action shall, in addition to any | ||||||
6 | judgment awarded to the covered individual, allow reasonable | ||||||
7 | attorney's fees, reasonable expert witness fees, and other | ||||||
8 | costs of the action to be paid by the defendant. | ||||||
9 | (e) The right under subsection (c) to bring an action by or | ||||||
10 | on behalf of any individual shall terminate: | ||||||
11 | (1) on the filing of a complaint by the Department in | ||||||
12 | an action in which restraint is sought of any further | ||||||
13 | delay in the payment of the amount described in paragraph | ||||||
14 | (1) of subsection (b) to the individual by the person | ||||||
15 | responsible under subsection (a) for the payment; or | ||||||
16 | (2) on the filing of a complaint by the Department in | ||||||
17 | an action under subsection (f) in which a recovery is | ||||||
18 | sought of the damages described in paragraph (1) of | ||||||
19 | subsection (b) owing to the individual by the person | ||||||
20 | liable under subsection (a). | ||||||
21 | (f) Actions brought by the Department. | ||||||
22 | (1) The Department may bring an action in any court to | ||||||
23 | recover the damages described in paragraph (1) of | ||||||
24 | subsection (b). | ||||||
25 | (2) Any sums recovered under paragraph (1) shall be | ||||||
26 | held in a special deposit account and shall be paid, on |
| |||||||
| |||||||
1 | order of the Department, directly to each individual | ||||||
2 | affected. Any sums not paid to an individual because of an | ||||||
3 | inability to do so within a period of 3 years shall be | ||||||
4 | deposited into the Fund. | ||||||
5 | (3) An action may be brought under this subsection not | ||||||
6 | later than 3 years after the date of the last event | ||||||
7 | constituting the alleged violation for which the action is | ||||||
8 | brought. | ||||||
9 | (4) An action brought by the Department under this | ||||||
10 | subsection shall be considered to be commenced on the date | ||||||
11 | when the complaint is filed. | ||||||
12 | (5) The Department may bring an action to restrain | ||||||
13 | violations of subsection (a), including the restraint of | ||||||
14 | any withholding of payment of wages, salary, employment | ||||||
15 | benefits, or other compensation, plus interest, found by | ||||||
16 | the court to be due to the individual, or to award other | ||||||
17 | equitable relief as may be appropriate, including | ||||||
18 | employment, reinstatement, and promotion. | ||||||
19 | (g) Actions brought by an interested party. | ||||||
20 | (1) Upon a reasonable belief that an employer, day and | ||||||
21 | temporary labor service agency, employee organization, or | ||||||
22 | other person covered by this Act committed a violation of | ||||||
23 | subsection (a), an interested party may initiate a civil | ||||||
24 | action in the county where the alleged offenses occurred | ||||||
25 | or where any party to the action resides, asserting that a | ||||||
26 | violation of subsection (a) has occurred, subject to the |
| |||||||
| |||||||
1 | following: | ||||||
2 | (A) the interested party submits to the Department | ||||||
3 | a complaint describing the violation and naming the | ||||||
4 | employer or entity alleged to have violated subsection | ||||||
5 | (a); | ||||||
6 | (B) the Department sends notice of the complaint | ||||||
7 | to the named parties alleged to have violated | ||||||
8 | subsection (a), the person or persons alleged to have | ||||||
9 | been aggrieved, and the interested party, and provides | ||||||
10 | the named parties the option to contest the alleged | ||||||
11 | violation or cure the alleged violation; and | ||||||
12 | (C) the named parties contest or cure the | ||||||
13 | violation within 30 days after receipt of the notice | ||||||
14 | of the complaint or, if the named party does not | ||||||
15 | respond within 30 days, the Department issues a notice | ||||||
16 | of right to sue to the interested party in accordance | ||||||
17 | with paragraph (2). | ||||||
18 | (2) The Department shall issue a notice of right to | ||||||
19 | sue to the interested party, if one or more of the | ||||||
20 | following has occurred: | ||||||
21 | (A) the named party or parties have cured the | ||||||
22 | alleged violation to the satisfaction of the Director; | ||||||
23 | (B) the Director has determined that the | ||||||
24 | allegation is unjustified or that the Department does | ||||||
25 | not have jurisdiction over the matter or the parties; | ||||||
26 | or |
| |||||||
| |||||||
1 | (C) the Director has determined that the | ||||||
2 | allegation is justified or has not made a | ||||||
3 | determination and has decided not to exercise | ||||||
4 | jurisdiction over the matter or has concluded | ||||||
5 | administrative enforcement of the matter. | ||||||
6 | (3) If, within 180 days after service of the notice of | ||||||
7 | complaint to the parties, the Department has not (i) | ||||||
8 | resolved the contest and cure period, (ii) with the mutual | ||||||
9 | agreement of the parties, extended the time for the named | ||||||
10 | party to cure the violation and resolve the complaint, or | ||||||
11 | (iii) issued a right to sue letter, the interested party | ||||||
12 | may initiate a civil action for penalties. The parties may | ||||||
13 | extend the 180-day period by mutual agreement. The | ||||||
14 | limitations period for the interested party to bring an | ||||||
15 | action for the alleged violation of the subsection (a) | ||||||
16 | shall be tolled for the 180-day period and for the period | ||||||
17 | of any mutually agreed extensions. At the end of the | ||||||
18 | 180-day period, or any mutually agreed extensions, the | ||||||
19 | Department shall issue a right to sue letter to the | ||||||
20 | interested party. | ||||||
21 | (4) Any claim or action filed under this Section must | ||||||
22 | be made within 3 years of the alleged conduct resulting in | ||||||
23 | the complaint plus any period for which the limitations | ||||||
24 | period has been tolled. | ||||||
25 | (5) In an action brought under this Section, an | ||||||
26 | interested party may recover against the employer, day and |
| |||||||
| |||||||
1 | temporary labor service agency, employee organization, or | ||||||
2 | other person any statutory penalties provided for in | ||||||
3 | Section 70 and injunctive relief. An interested party who | ||||||
4 | prevails in a civil action shall receive 10% of any | ||||||
5 | statutory penalties assessed plus any attorney's fees and | ||||||
6 | expenses in bringing the action. The remaining 90% of any | ||||||
7 | statutory penalties assessed shall be deposited into the | ||||||
8 | Paid Family and Medical Leave Insurance Program Fund and | ||||||
9 | shall be used exclusively for the purposes of | ||||||
10 | administration of this Act.
| ||||||
11 | Section 70. Penalties. | ||||||
12 | (a) A person who makes a false statement or | ||||||
13 | representation, knowing it to be false, to increase any paid | ||||||
14 | family and medical leave benefit during a period of paid | ||||||
15 | family and medical leave, either for himself or herself or for | ||||||
16 | any other person, shall be liable for a civil penalty of $250 | ||||||
17 | to be paid to the Department. Each false statement or | ||||||
18 | representation shall constitute a separate offense. Upon | ||||||
19 | refusal to pay the civil penalty, the civil penalty shall be | ||||||
20 | recovered in a civil action by the Attorney General on behalf | ||||||
21 | of the Department in the name of the State of Illinois. If, in | ||||||
22 | any case in which liability for the payment of a civil penalty | ||||||
23 | has been determined, any person who has received any benefits | ||||||
24 | under this Act by reason of the making of false statements or | ||||||
25 | representations shall not be entitled to any benefits under |
| |||||||
| |||||||
1 | this Act for any leave occurring prior to the time he or she | ||||||
2 | has discharged his or her liability to pay the civil penalty. | ||||||
3 | (b) A person, employing unit, employer, or entity that | ||||||
4 | willfully violates any provision of this Act or any rule | ||||||
5 | adopted under this Act for which a civil penalty is neither | ||||||
6 | prescribed in this Act nor provided by any other applicable | ||||||
7 | law shall be subject to a civil penalty of $2,500, and an | ||||||
8 | additional civil penalty not to exceed $1,000 for each month | ||||||
9 | during which the violation continues, to be paid to the | ||||||
10 | Department. Upon the refusal to pay the civil penalty, the | ||||||
11 | civil penalty shall be recovered in a civil action by the | ||||||
12 | Attorney General on behalf of the Department in the name of the | ||||||
13 | State of Illinois.
| ||||||
14 | Section 75. Leave and employment protection. | ||||||
15 | (a) During any consecutive, intermittent, or medically | ||||||
16 | necessary periodic leave period in which an employee receives | ||||||
17 | paid family and medical leave benefits under this Act, the | ||||||
18 | employee is entitled to paid family and medical leave and, at | ||||||
19 | the established ending date of leave, to be restored to a | ||||||
20 | position of employment with the employer from whom leave was | ||||||
21 | taken as provided under subsection (b). The requirements of | ||||||
22 | this subsection may be waived in a bona fide collective | ||||||
23 | bargaining agreement covering individuals in the construction | ||||||
24 | industry. | ||||||
25 | (b) Except as provided in subsection (f), an employee who |
| |||||||
| |||||||
1 | receives family and medical leave benefits under this Act for | ||||||
2 | the intended purpose of the paid family and medical leave is | ||||||
3 | entitled, on return from the leave: | ||||||
4 | (1) to be restored by the employer to the position of | ||||||
5 | employment held by the employee when the paid family and | ||||||
6 | medical leave commenced; or | ||||||
7 | (2) to be restored to an equivalent position with | ||||||
8 | equivalent employment benefits, pay, and other terms and | ||||||
9 | conditions of employment at the employee's workplace | ||||||
10 | immediately prior to when the paid family and medical | ||||||
11 | leave commenced. | ||||||
12 | (c) The taking of paid family and medical leave under this | ||||||
13 | Act may not result in the loss of any employment benefits | ||||||
14 | accrued before the date on which the paid family and medical | ||||||
15 | leave commenced. | ||||||
16 | (d) Nothing in this Section entitles a restored employee | ||||||
17 | to: | ||||||
18 | (1) the accrual of any seniority or employment | ||||||
19 | benefits during any period of paid family and medical | ||||||
20 | leave; or | ||||||
21 | (2) any right, benefit, or position of employment | ||||||
22 | other than any right, benefit, or position to which the | ||||||
23 | employee would have been entitled to if the employee not | ||||||
24 | taken the paid family and medical leave. | ||||||
25 | (e) During any period an employee takes paid family and | ||||||
26 | medical leave under this Act, if the employer provides |
| |||||||
| |||||||
1 | insurance for employees, the employer shall maintain coverage | ||||||
2 | for the employee and any family member under any group health | ||||||
3 | plan for the duration of leave at no less than the level and | ||||||
4 | conditions of coverage that would have been provided if the | ||||||
5 | employee had not taken the leave. If the employer and employee | ||||||
6 | share the cost of the existing health benefits, the employee | ||||||
7 | may remain responsible for the employee's share of the cost. | ||||||
8 | However, the employer shall notify the employee that the | ||||||
9 | employee is still responsible for paying the employee's share | ||||||
10 | of the cost of the health care coverage, if any. The | ||||||
11 | requirements of this subsection may be waived in a bona fide | ||||||
12 | collective bargaining agreement covering individuals in the | ||||||
13 | construction industry where the collective bargaining | ||||||
14 | agreement requires employers to contribute to a multi-employer | ||||||
15 | health plan. | ||||||
16 | (f) An employer may not require, as a condition of | ||||||
17 | employment or complying with this Act, that the employee | ||||||
18 | search for or find a replacement worker to cover the hours | ||||||
19 | during which the employee takes leave under this Act.
| ||||||
20 | Section 80. Notice to employer. | ||||||
21 | (a) If the necessity for paid family and medical leave is | ||||||
22 | foreseeable, the employee shall provide the employer with not | ||||||
23 | less than 30 days' notice, before the date the leave is to | ||||||
24 | begin, of the employee's intention to take leave. | ||||||
25 | (b) If the necessity for paid family and medical leave is |
| |||||||
| |||||||
1 | not foreseeable or requires leave to begin in less than 30 | ||||||
2 | days, the employee shall provide notice as is practicable.
| ||||||
3 | Section 85. Employment by the same employer. If spouses | ||||||
4 | who are entitled to leave under this Act are employed by the | ||||||
5 | same employer and that employer has fewer than 10 employees, | ||||||
6 | the employer may require that the spouses not take more than 6 | ||||||
7 | weeks of leave concurrently, with the following exceptions: | ||||||
8 | (1) the employee is seeking to take leave under this | ||||||
9 | Act for his or her own serious medical condition; | ||||||
10 | (2) the employee is seeking to take leave under this | ||||||
11 | Act to participate in the providing of care to a spouse who | ||||||
12 | is employed by the same employer; or | ||||||
13 | (3) the employee is seeking to take leave under this | ||||||
14 | Act to participate in the providing of care to a child the | ||||||
15 | employee shares with his or her spouse who is employed by | ||||||
16 | the same employer.
| ||||||
17 | Section 90. Coordination of leave. Paid family and medical | ||||||
18 | leave taken under this Act must be taken concurrently with any | ||||||
19 | leave taken under the federal Family and Medical Leave Act of | ||||||
20 | 1993 or a collective bargaining agreement. The employer must | ||||||
21 | give its employees written notice of this requirement.
| ||||||
22 | Section 95. Rules. The Department shall adopt any rules | ||||||
23 | necessary to implement the provisions of this Act.
|
| |||||||
| |||||||
1 | Section 100. Authority to enter into interagency | ||||||
2 | agreements. | ||||||
3 | (a) The Department may enter into interagency agreements | ||||||
4 | with other State agencies for the initial administration of | ||||||
5 | the Paid Family and Medical Leave Insurance Program. | ||||||
6 | (b) This Section is repealed on January 1, 2033.
| ||||||
7 | Section 105. Pregnancy; effect of other State law. No | ||||||
8 | individual shall suffer any repercussion under any Illinois | ||||||
9 | law, rule, or policy for any decisions the covered individual | ||||||
10 | is authorized to make under this Act regarding leave related | ||||||
11 | to pregnancy, recovery from childbirth, care of a child, or | ||||||
12 | related conditions.
| ||||||
13 | Section 110. Program benefits; taxable income. Paid family | ||||||
14 | and medical leave benefits received under the provisions of | ||||||
15 | this Act shall not be taxed by the State of Illinois under the | ||||||
16 | Illinois Income Tax Act or in any other manner and shall not be | ||||||
17 | taxed by any unit of government within Illinois.
| ||||||
18 | Section 115. Advance payment of premiums for State | ||||||
19 | employees. | ||||||
20 | (a) On the effective date of this Act, or as soon as | ||||||
21 | possible thereafter, the State Comptroller and the State | ||||||
22 | Treasurer, at the direction of the Governor, shall transfer |
| |||||||
| |||||||
1 | funds from the General Revenue Fund to the Paid Family and | ||||||
2 | Medical Leave Insurance Program Fund. The money is an advance | ||||||
3 | payment of premiums for State employee coverage that the State | ||||||
4 | is required to pay under Section 35. The advance payment of | ||||||
5 | premiums shall be used by the Department for the initial | ||||||
6 | administration of the Paid Family and Medical Leave Insurance | ||||||
7 | Program. | ||||||
8 | (b) On or before June 30, 2026, the Division shall | ||||||
9 | determine the manner in which the State will receive a credit | ||||||
10 | for the advance payment of premiums it has paid under this | ||||||
11 | Section for premiums it is required to pay under Section 35. | ||||||
12 | (c) On January 1, 2027, and on July 1 of each year | ||||||
13 | thereafter, the Director shall submit a report of the amount | ||||||
14 | of remaining credit the State can receive for premiums it is | ||||||
15 | required to pay to the State Treasurer, the Director of the | ||||||
16 | Office of Management and Budget, the Director of Central | ||||||
17 | Management Services, and the General Assembly. | ||||||
18 | (d) The advance payment of premiums by the State under | ||||||
19 | this Section shall not constitute or become an indebtedness, a | ||||||
20 | debt, or a liability of the State.
| ||||||
21 | Section 900. The Freedom of Information Act is amended by | ||||||
22 | changing Section 7 as follows:
| ||||||
23 | (5 ILCS 140/7) | ||||||
24 | Sec. 7. Exemptions. |
| |||||||
| |||||||
1 | (1) When a request is made to inspect or copy a public | ||||||
2 | record that contains information that is exempt from | ||||||
3 | disclosure under this Section, but also contains information | ||||||
4 | that is not exempt from disclosure, the public body may elect | ||||||
5 | to redact the information that is exempt. The public body | ||||||
6 | shall make the remaining information available for inspection | ||||||
7 | and copying. Subject to this requirement, the following shall | ||||||
8 | be exempt from inspection and copying: | ||||||
9 | (a) Information specifically prohibited from | ||||||
10 | disclosure by federal or State law or rules and | ||||||
11 | regulations implementing federal or State law. | ||||||
12 | (b) Private information, unless disclosure is required | ||||||
13 | by another provision of this Act, a State or federal law, | ||||||
14 | or a court order. | ||||||
15 | (b-5) Files, documents, and other data or databases | ||||||
16 | maintained by one or more law enforcement agencies and | ||||||
17 | specifically designed to provide information to one or | ||||||
18 | more law enforcement agencies regarding the physical or | ||||||
19 | mental status of one or more individual subjects. | ||||||
20 | (c) Personal information contained within public | ||||||
21 | records, the disclosure of which would constitute a | ||||||
22 | clearly unwarranted invasion of personal privacy, unless | ||||||
23 | the disclosure is consented to in writing by the | ||||||
24 | individual subjects of the information. "Unwarranted | ||||||
25 | invasion of personal privacy" means the disclosure of | ||||||
26 | information that is highly personal or objectionable to a |
| |||||||
| |||||||
1 | reasonable person and in which the subject's right to | ||||||
2 | privacy outweighs any legitimate public interest in | ||||||
3 | obtaining the information. The disclosure of information | ||||||
4 | that bears on the public duties of public employees and | ||||||
5 | officials shall not be considered an invasion of personal | ||||||
6 | privacy. | ||||||
7 | (d) Records in the possession of any public body | ||||||
8 | created in the course of administrative enforcement | ||||||
9 | proceedings, and any law enforcement or correctional | ||||||
10 | agency for law enforcement purposes, but only to the | ||||||
11 | extent that disclosure would: | ||||||
12 | (i) interfere with pending or actually and | ||||||
13 | reasonably contemplated law enforcement proceedings | ||||||
14 | conducted by any law enforcement or correctional | ||||||
15 | agency that is the recipient of the request; | ||||||
16 | (ii) interfere with active administrative | ||||||
17 | enforcement proceedings conducted by the public body | ||||||
18 | that is the recipient of the request; | ||||||
19 | (iii) create a substantial likelihood that a | ||||||
20 | person will be deprived of a fair trial or an impartial | ||||||
21 | hearing; | ||||||
22 | (iv) unavoidably disclose the identity of a | ||||||
23 | confidential source, confidential information | ||||||
24 | furnished only by the confidential source, or persons | ||||||
25 | who file complaints with or provide information to | ||||||
26 | administrative, investigative, law enforcement, or |
| |||||||
| |||||||
1 | penal agencies; except that the identities of | ||||||
2 | witnesses to traffic crashes, traffic crash reports, | ||||||
3 | and rescue reports shall be provided by agencies of | ||||||
4 | local government, except when disclosure would | ||||||
5 | interfere with an active criminal investigation | ||||||
6 | conducted by the agency that is the recipient of the | ||||||
7 | request; | ||||||
8 | (v) disclose unique or specialized investigative | ||||||
9 | techniques other than those generally used and known | ||||||
10 | or disclose internal documents of correctional | ||||||
11 | agencies related to detection, observation, or | ||||||
12 | investigation of incidents of crime or misconduct, and | ||||||
13 | disclosure would result in demonstrable harm to the | ||||||
14 | agency or public body that is the recipient of the | ||||||
15 | request; | ||||||
16 | (vi) endanger the life or physical safety of law | ||||||
17 | enforcement personnel or any other person; or | ||||||
18 | (vii) obstruct an ongoing criminal investigation | ||||||
19 | by the agency that is the recipient of the request. | ||||||
20 | (d-5) A law enforcement record created for law | ||||||
21 | enforcement purposes and contained in a shared electronic | ||||||
22 | record management system if the law enforcement agency | ||||||
23 | that is the recipient of the request did not create the | ||||||
24 | record, did not participate in or have a role in any of the | ||||||
25 | events which are the subject of the record, and only has | ||||||
26 | access to the record through the shared electronic record |
| |||||||
| |||||||
1 | management system. | ||||||
2 | (d-6) Records contained in the Officer Professional | ||||||
3 | Conduct Database under Section 9.2 of the Illinois Police | ||||||
4 | Training Act, except to the extent authorized under that | ||||||
5 | Section. This includes the documents supplied to the | ||||||
6 | Illinois Law Enforcement Training Standards Board from the | ||||||
7 | Illinois State Police and Illinois State Police Merit | ||||||
8 | Board. | ||||||
9 | (d-7) Information gathered or records created from the | ||||||
10 | use of automatic license plate readers in connection with | ||||||
11 | Section 2-130 of the Illinois Vehicle Code. | ||||||
12 | (e) Records that relate to or affect the security of | ||||||
13 | correctional institutions and detention facilities. | ||||||
14 | (e-5) Records requested by persons committed to the | ||||||
15 | Department of Corrections, Department of Human Services | ||||||
16 | Division of Mental Health, or a county jail if those | ||||||
17 | materials are available in the library of the correctional | ||||||
18 | institution or facility or jail where the inmate is | ||||||
19 | confined. | ||||||
20 | (e-6) Records requested by persons committed to the | ||||||
21 | Department of Corrections, Department of Human Services | ||||||
22 | Division of Mental Health, or a county jail if those | ||||||
23 | materials include records from staff members' personnel | ||||||
24 | files, staff rosters, or other staffing assignment | ||||||
25 | information. | ||||||
26 | (e-7) Records requested by persons committed to the |
| |||||||
| |||||||
1 | Department of Corrections or Department of Human Services | ||||||
2 | Division of Mental Health if those materials are available | ||||||
3 | through an administrative request to the Department of | ||||||
4 | Corrections or Department of Human Services Division of | ||||||
5 | Mental Health. | ||||||
6 | (e-8) Records requested by a person committed to the | ||||||
7 | Department of Corrections, Department of Human Services | ||||||
8 | Division of Mental Health, or a county jail, the | ||||||
9 | disclosure of which would result in the risk of harm to any | ||||||
10 | person or the risk of an escape from a jail or correctional | ||||||
11 | institution or facility. | ||||||
12 | (e-9) Records requested by a person in a county jail | ||||||
13 | or committed to the Department of Corrections or | ||||||
14 | Department of Human Services Division of Mental Health, | ||||||
15 | containing personal information pertaining to the person's | ||||||
16 | victim or the victim's family, including, but not limited | ||||||
17 | to, a victim's home address, home telephone number, work | ||||||
18 | or school address, work telephone number, social security | ||||||
19 | number, or any other identifying information, except as | ||||||
20 | may be relevant to a requester's current or potential case | ||||||
21 | or claim. | ||||||
22 | (e-10) Law enforcement records of other persons | ||||||
23 | requested by a person committed to the Department of | ||||||
24 | Corrections, Department of Human Services Division of | ||||||
25 | Mental Health, or a county jail, including, but not | ||||||
26 | limited to, arrest and booking records, mug shots, and |
| |||||||
| |||||||
1 | crime scene photographs, except as these records may be | ||||||
2 | relevant to the requester's current or potential case or | ||||||
3 | claim. | ||||||
4 | (f) Preliminary drafts, notes, recommendations, | ||||||
5 | memoranda, and other records in which opinions are | ||||||
6 | expressed, or policies or actions are formulated, except | ||||||
7 | that a specific record or relevant portion of a record | ||||||
8 | shall not be exempt when the record is publicly cited and | ||||||
9 | identified by the head of the public body. The exemption | ||||||
10 | provided in this paragraph (f) extends to all those | ||||||
11 | records of officers and agencies of the General Assembly | ||||||
12 | that pertain to the preparation of legislative documents. | ||||||
13 | (g) Trade secrets and commercial or financial | ||||||
14 | information obtained from a person or business where the | ||||||
15 | trade secrets or commercial or financial information are | ||||||
16 | furnished under a claim that they are proprietary, | ||||||
17 | privileged, or confidential, and that disclosure of the | ||||||
18 | trade secrets or commercial or financial information would | ||||||
19 | cause competitive harm to the person or business, and only | ||||||
20 | insofar as the claim directly applies to the records | ||||||
21 | requested. | ||||||
22 | The information included under this exemption includes | ||||||
23 | all trade secrets and commercial or financial information | ||||||
24 | obtained by a public body, including a public pension | ||||||
25 | fund, from a private equity fund or a privately held | ||||||
26 | company within the investment portfolio of a private |
| |||||||
| |||||||
1 | equity fund as a result of either investing or evaluating | ||||||
2 | a potential investment of public funds in a private equity | ||||||
3 | fund. The exemption contained in this item does not apply | ||||||
4 | to the aggregate financial performance information of a | ||||||
5 | private equity fund, nor to the identity of the fund's | ||||||
6 | managers or general partners. The exemption contained in | ||||||
7 | this item does not apply to the identity of a privately | ||||||
8 | held company within the investment portfolio of a private | ||||||
9 | equity fund, unless the disclosure of the identity of a | ||||||
10 | privately held company may cause competitive harm. | ||||||
11 | Nothing contained in this paragraph (g) shall be | ||||||
12 | construed to prevent a person or business from consenting | ||||||
13 | to disclosure. | ||||||
14 | (h) Proposals and bids for any contract, grant, or | ||||||
15 | agreement, including information which if it were | ||||||
16 | disclosed would frustrate procurement or give an advantage | ||||||
17 | to any person proposing to enter into a contractor | ||||||
18 | agreement with the body, until an award or final selection | ||||||
19 | is made. Information prepared by or for the body in | ||||||
20 | preparation of a bid solicitation shall be exempt until an | ||||||
21 | award or final selection is made. | ||||||
22 | (i) Valuable formulae, computer geographic systems, | ||||||
23 | designs, drawings, and research data obtained or produced | ||||||
24 | by any public body when disclosure could reasonably be | ||||||
25 | expected to produce private gain or public loss. The | ||||||
26 | exemption for "computer geographic systems" provided in |
| |||||||
| |||||||
1 | this paragraph (i) does not extend to requests made by | ||||||
2 | news media as defined in Section 2 of this Act when the | ||||||
3 | requested information is not otherwise exempt and the only | ||||||
4 | purpose of the request is to access and disseminate | ||||||
5 | information regarding the health, safety, welfare, or | ||||||
6 | legal rights of the general public. | ||||||
7 | (j) The following information pertaining to | ||||||
8 | educational matters: | ||||||
9 | (i) test questions, scoring keys, and other | ||||||
10 | examination data used to administer an academic | ||||||
11 | examination; | ||||||
12 | (ii) information received by a primary or | ||||||
13 | secondary school, college, or university under its | ||||||
14 | procedures for the evaluation of faculty members by | ||||||
15 | their academic peers; | ||||||
16 | (iii) information concerning a school or | ||||||
17 | university's adjudication of student disciplinary | ||||||
18 | cases, but only to the extent that disclosure would | ||||||
19 | unavoidably reveal the identity of the student; and | ||||||
20 | (iv) course materials or research materials used | ||||||
21 | by faculty members. | ||||||
22 | (k) Architects' plans, engineers' technical | ||||||
23 | submissions, and other construction related technical | ||||||
24 | documents for projects not constructed or developed in | ||||||
25 | whole or in part with public funds and the same for | ||||||
26 | projects constructed or developed with public funds, |
| |||||||
| |||||||
1 | including, but not limited to, power generating and | ||||||
2 | distribution stations and other transmission and | ||||||
3 | distribution facilities, water treatment facilities, | ||||||
4 | airport facilities, sport stadiums, convention centers, | ||||||
5 | and all government owned, operated, or occupied buildings, | ||||||
6 | but only to the extent that disclosure would compromise | ||||||
7 | security. | ||||||
8 | (l) Minutes of meetings of public bodies closed to the | ||||||
9 | public as provided in the Open Meetings Act until the | ||||||
10 | public body makes the minutes available to the public | ||||||
11 | under Section 2.06 of the Open Meetings Act. | ||||||
12 | (m) Communications between a public body and an | ||||||
13 | attorney or auditor representing the public body that | ||||||
14 | would not be subject to discovery in litigation, and | ||||||
15 | materials prepared or compiled by or for a public body in | ||||||
16 | anticipation of a criminal, civil, or administrative | ||||||
17 | proceeding upon the request of an attorney advising the | ||||||
18 | public body, and materials prepared or compiled with | ||||||
19 | respect to internal audits of public bodies. | ||||||
20 | (n) Records relating to a public body's adjudication | ||||||
21 | of employee grievances or disciplinary cases; however, | ||||||
22 | this exemption shall not extend to the final outcome of | ||||||
23 | cases in which discipline is imposed. | ||||||
24 | (o) Administrative or technical information associated | ||||||
25 | with automated data processing operations, including, but | ||||||
26 | not limited to, software, operating protocols, computer |
| |||||||
| |||||||
1 | program abstracts, file layouts, source listings, object | ||||||
2 | modules, load modules, user guides, documentation | ||||||
3 | pertaining to all logical and physical design of | ||||||
4 | computerized systems, employee manuals, and any other | ||||||
5 | information that, if disclosed, would jeopardize the | ||||||
6 | security of the system or its data or the security of | ||||||
7 | materials exempt under this Section. | ||||||
8 | (p) Records relating to collective negotiating matters | ||||||
9 | between public bodies and their employees or | ||||||
10 | representatives, except that any final contract or | ||||||
11 | agreement shall be subject to inspection and copying. | ||||||
12 | (q) Test questions, scoring keys, and other | ||||||
13 | examination data used to determine the qualifications of | ||||||
14 | an applicant for a license or employment. | ||||||
15 | (r) The records, documents, and information relating | ||||||
16 | to real estate purchase negotiations until those | ||||||
17 | negotiations have been completed or otherwise terminated. | ||||||
18 | With regard to a parcel involved in a pending or actually | ||||||
19 | and reasonably contemplated eminent domain proceeding | ||||||
20 | under the Eminent Domain Act, records, documents, and | ||||||
21 | information relating to that parcel shall be exempt except | ||||||
22 | as may be allowed under discovery rules adopted by the | ||||||
23 | Illinois Supreme Court. The records, documents, and | ||||||
24 | information relating to a real estate sale shall be exempt | ||||||
25 | until a sale is consummated. | ||||||
26 | (s) Any and all proprietary information and records |
| |||||||
| |||||||
1 | related to the operation of an intergovernmental risk | ||||||
2 | management association or self-insurance pool or jointly | ||||||
3 | self-administered health and accident cooperative or pool. | ||||||
4 | Insurance or self-insurance (including any | ||||||
5 | intergovernmental risk management association or | ||||||
6 | self-insurance pool) claims, loss or risk management | ||||||
7 | information, records, data, advice, or communications. | ||||||
8 | (t) Information contained in or related to | ||||||
9 | examination, operating, or condition reports prepared by, | ||||||
10 | on behalf of, or for the use of a public body responsible | ||||||
11 | for the regulation or supervision of financial | ||||||
12 | institutions, insurance companies, or pharmacy benefit | ||||||
13 | managers, unless disclosure is otherwise required by State | ||||||
14 | law. | ||||||
15 | (u) Information that would disclose or might lead to | ||||||
16 | the disclosure of secret or confidential information, | ||||||
17 | codes, algorithms, programs, or private keys intended to | ||||||
18 | be used to create electronic signatures under the Uniform | ||||||
19 | Electronic Transactions Act. | ||||||
20 | (v) Vulnerability assessments, security measures, and | ||||||
21 | response policies or plans that are designed to identify, | ||||||
22 | prevent, or respond to potential attacks upon a | ||||||
23 | community's population or systems, facilities, or | ||||||
24 | installations, but only to the extent that disclosure | ||||||
25 | could reasonably be expected to expose the vulnerability | ||||||
26 | or jeopardize the effectiveness of the measures, policies, |
| |||||||
| |||||||
1 | or plans, or the safety of the personnel who implement | ||||||
2 | them or the public. Information exempt under this item may | ||||||
3 | include such things as details pertaining to the | ||||||
4 | mobilization or deployment of personnel or equipment, to | ||||||
5 | the operation of communication systems or protocols, to | ||||||
6 | cybersecurity vulnerabilities, or to tactical operations. | ||||||
7 | (w) (Blank). | ||||||
8 | (x) Maps and other records regarding the location or | ||||||
9 | security of generation, transmission, distribution, | ||||||
10 | storage, gathering, treatment, or switching facilities | ||||||
11 | owned by a utility, by a power generator, or by the | ||||||
12 | Illinois Power Agency. | ||||||
13 | (y) Information contained in or related to proposals, | ||||||
14 | bids, or negotiations related to electric power | ||||||
15 | procurement under Section 1-75 of the Illinois Power | ||||||
16 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
17 | Act that is determined to be confidential and proprietary | ||||||
18 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
19 | Commission. | ||||||
20 | (z) Information about students exempted from | ||||||
21 | disclosure under Section 10-20.38 or 34-18.29 of the | ||||||
22 | School Code, and information about undergraduate students | ||||||
23 | enrolled at an institution of higher education exempted | ||||||
24 | from disclosure under Section 25 of the Illinois Credit | ||||||
25 | Card Marketing Act of 2009. | ||||||
26 | (aa) Information the disclosure of which is exempted |
| |||||||
| |||||||
1 | under the Viatical Settlements Act of 2009. | ||||||
2 | (bb) Records and information provided to a mortality | ||||||
3 | review team and records maintained by a mortality review | ||||||
4 | team appointed under the Department of Juvenile Justice | ||||||
5 | Mortality Review Team Act. | ||||||
6 | (cc) Information regarding interments, entombments, or | ||||||
7 | inurnments of human remains that are submitted to the | ||||||
8 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
9 | the Cemetery Oversight Act, whichever is applicable. | ||||||
10 | (dd) Correspondence and records (i) that may not be | ||||||
11 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
12 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
13 | the Illinois Public Aid Code. | ||||||
14 | (ee) The names, addresses, or other personal | ||||||
15 | information of persons who are minors and are also | ||||||
16 | participants and registrants in programs of park | ||||||
17 | districts, forest preserve districts, conservation | ||||||
18 | districts, recreation agencies, and special recreation | ||||||
19 | associations. | ||||||
20 | (ff) The names, addresses, or other personal | ||||||
21 | information of participants and registrants in programs of | ||||||
22 | park districts, forest preserve districts, conservation | ||||||
23 | districts, recreation agencies, and special recreation | ||||||
24 | associations where such programs are targeted primarily to | ||||||
25 | minors. | ||||||
26 | (gg) Confidential information described in Section |
| |||||||
| |||||||
1 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
2 | 2012. | ||||||
3 | (hh) The report submitted to the State Board of | ||||||
4 | Education by the School Security and Standards Task Force | ||||||
5 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
6 | School Code and any information contained in that report. | ||||||
7 | (ii) Records requested by persons committed to or | ||||||
8 | detained by the Department of Human Services under the | ||||||
9 | Sexually Violent Persons Commitment Act or committed to | ||||||
10 | the Department of Corrections under the Sexually Dangerous | ||||||
11 | Persons Act if those materials: (i) are available in the | ||||||
12 | library of the facility where the individual is confined; | ||||||
13 | (ii) include records from staff members' personnel files, | ||||||
14 | staff rosters, or other staffing assignment information; | ||||||
15 | or (iii) are available through an administrative request | ||||||
16 | to the Department of Human Services or the Department of | ||||||
17 | Corrections. | ||||||
18 | (jj) Confidential information described in Section | ||||||
19 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
20 | (kk) The public body's credit card numbers, debit card | ||||||
21 | numbers, bank account numbers, Federal Employer | ||||||
22 | Identification Number, security code numbers, passwords, | ||||||
23 | and similar account information, the disclosure of which | ||||||
24 | could result in identity theft or impression or defrauding | ||||||
25 | of a governmental entity or a person. | ||||||
26 | (ll) Records concerning the work of the threat |
| |||||||
| |||||||
1 | assessment team of a school district, including, but not | ||||||
2 | limited to, any threat assessment procedure under the | ||||||
3 | School Safety Drill Act and any information contained in | ||||||
4 | the procedure. | ||||||
5 | (mm) Information prohibited from being disclosed under | ||||||
6 | subsections (a) and (b) of Section 15 of the Student | ||||||
7 | Confidential Reporting Act. | ||||||
8 | (nn) Proprietary information submitted to the | ||||||
9 | Environmental Protection Agency under the Drug Take-Back | ||||||
10 | Act. | ||||||
11 | (oo) Records described in subsection (f) of Section | ||||||
12 | 3-5-1 of the Unified Code of Corrections. | ||||||
13 | (pp) Any and all information regarding burials, | ||||||
14 | interments, or entombments of human remains as required to | ||||||
15 | be reported to the Department of Natural Resources | ||||||
16 | pursuant either to the Archaeological and Paleontological | ||||||
17 | Resources Protection Act or the Human Remains Protection | ||||||
18 | Act. | ||||||
19 | (qq) Reports described in subsection (e) of Section | ||||||
20 | 16-15 of the Abortion Care Clinical Training Program Act. | ||||||
21 | (rr) Information obtained by a certified local health | ||||||
22 | department under the Access to Public Health Data Act. | ||||||
23 | (ss) For a request directed to a public body that is | ||||||
24 | also a HIPAA-covered entity, all information that is | ||||||
25 | protected health information, including demographic | ||||||
26 | information, that may be contained within or extracted |
| |||||||
| |||||||
1 | from any record held by the public body in compliance with | ||||||
2 | State and federal medical privacy laws and regulations, | ||||||
3 | including, but not limited to, the Health Insurance | ||||||
4 | Portability and Accountability Act and its regulations, 45 | ||||||
5 | CFR Parts 160 and 164. As used in this paragraph, | ||||||
6 | "HIPAA-covered entity" has the meaning given to the term | ||||||
7 | "covered entity" in 45 CFR 160.103 and "protected health | ||||||
8 | information" has the meaning given to that term in 45 CFR | ||||||
9 | 160.103. | ||||||
10 | (tt) Proposals or bids submitted by engineering | ||||||
11 | consultants in response to requests for proposal or other | ||||||
12 | competitive bidding requests by the Department of | ||||||
13 | Transportation or the Illinois Toll Highway Authority. | ||||||
14 | (uu) Confidential information described in subsection | ||||||
15 | (e) of Section 15 of the Paid Family and Medical Leave | ||||||
16 | Insurance Program Act. | ||||||
17 | (1.5) Any information exempt from disclosure under the | ||||||
18 | Judicial Privacy Act shall be redacted from public records | ||||||
19 | prior to disclosure under this Act. | ||||||
20 | (2) A public record that is not in the possession of a | ||||||
21 | public body but is in the possession of a party with whom the | ||||||
22 | agency has contracted to perform a governmental function on | ||||||
23 | behalf of the public body, and that directly relates to the | ||||||
24 | governmental function and is not otherwise exempt under this | ||||||
25 | Act, shall be considered a public record of the public body, | ||||||
26 | for purposes of this Act. |
| |||||||
| |||||||
1 | (3) This Section does not authorize withholding of | ||||||
2 | information or limit the availability of records to the | ||||||
3 | public, except as stated in this Section or otherwise provided | ||||||
4 | in this Act. | ||||||
5 | (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; | ||||||
6 | 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. | ||||||
7 | 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, | ||||||
8 | eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; | ||||||
9 | 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. | ||||||
10 | 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605, | ||||||
11 | eff. 7-1-24; 103-865, eff. 1-1-25 .)
| ||||||
12 | Section 905. The State Finance Act is amended by adding | ||||||
13 | Section 5.1030 as follows:
| ||||||
14 | (30 ILCS 105/5.1030 new) | ||||||
15 | Sec. 5.1030. The Paid Family and Medical Leave Insurance | ||||||
16 | Program Fund.
| ||||||
17 | Section 999. Effective date. This Act takes effect upon | ||||||
18 | becoming law. |