Bill Text: IL SB1723 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Family and Medical Leave Insurance Program Act. Requires the Department of Employment Security to establish and administer a Family and Medical Leave Insurance Program that provides family and medical leave insurance benefits to enable eligible employees to take paid family or medical leave for their own illness or to care for a newborn child, a newly adopted or newly placed foster child, or a family member with a serious health condition. Provides for the collection of payroll premiums beginning one year after the effective date of the Act and for benefits under the Act to be available one year after the commencement of premium collection. Sets forth eligibility requirements for benefits, including that the employee must have worked for the same employer for 12 weeks or more and worked 240 or more hours. Provides that the work requirements must be met annually. Defines "employer" as a person, partnership, corporation, association, labor placement agency, or other business entity that pays wages and any other employer subject to the Unemployment Insurance Act except the State and its political subdivisions and instrumentalities. Contains provisions concerning disqualification from benefits; premium payments; the amount and duration of benefits; the recovery of erroneous payments; hearings; defaulted premium payments; elective coverage; employment protection; coordination of family leave; and other matters. Provides phase-in periods for collection of moneys and claims for benefits under the Act. Amends the State Finance Act. Creates the Family and Medical Leave Insurance Account Fund. Effective January 1, 2020.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1723 Detail]

Download: Illinois-2019-SB1723-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1723 Introduced 2/15/2019, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.891 new
Creates the Family Leave Insurance Program Act. Requires the Department of Labor to establish and administer a Family Leave Insurance Program that provides family leave insurance benefits to eligible employees who take unpaid family leave to care for a newborn child, a newly adopted or newly placed foster child, or a family member with a serious health condition. Sets forth eligibility requirements for benefits under the Act including that the employee must (i) establish that he or she has been employed for at least 680 hours in employment during the employee's qualifying year and (ii) document that he or she has provided the employer with written notice of the employee's intention to take family leave. Defines "employer" to mean (a) any person, partnership, corporation, association, or other business entity that employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the year in which the leave is to be taken or in the year immediately preceding the year in which the leave is to be taken; and (b) the State of Illinois and any other unit of local government. Contains provisions concerning disqualification from benefits; premium payments; the amount and duration of benefits; the recovery of erroneous payments; hearings; defaulted premium payments; elective coverage; employment protection; coordination of family leave; defined terms; and other matters. Amends the State Finance Act. Creates the Family Leave Insurance Account Fund. Provides phase-in periods for collection of moneys and claims for benefits under the Act. Effective January 1, 2020.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Family
and Medical Leave Insurance Act.
Section 5. Declaration of policy and intent.
(a) Many workers do not have access to family and medical
leave programs, and those who do may not be in a financial
position to take family or medical leave that is unpaid, and
employer-paid benefits meet only a relatively small part of
this need. It is the public policy of this State to protect
working families against the economic hardship caused by the
need to take time off from work to care for themselves or
family members who are suffering from a serious illness or to
care for a newborn or a newly adopted child.
Moreover, many women are single mothers or the primary
breadwinners for their families. If any of these women take an
unpaid maternity leave, her whole family, and Illinois,
suffers.
The United States is the only industrialized nation in the
world that does not have a mandatory workplace-based program
for such income support.
It is therefore desirable and necessary to develop systems

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that help families adapt to the competing interests of work and
home which not only benefit workers, but also benefit employers
by reducing employee turnover and increasing worker
productivity.
(b) It is the intent of the General Assembly to create a
family and medical leave program to relieve the serious menace
to health, morals, and welfare of Illinois families, to
increase workplace productivity, and to alleviate the enormous
and growing stress on working families of balancing the demands
of work and family needs.
Section 10. Definitions. In this Act:
(1) "Average weekly wage" means the amount derived by
dividing by 12 an employee's total wages, including gratuities
and commissions that constitute remuneration, earned during
the 12 weeks preceding application for family and medical leave
benefits, or the most recent 12 weeks of employment if the
individual is not currently employed.
(2) "Base hours" means the hours of work for which an
employee receives compensation. "Base hours" includes overtime
hours for which the employee is paid additional or overtime
compensation and hours for which the employee receives workers'
compensation benefits. "Base hours" also includes hours an
employee would have worked except for having been in military
service. "Base hours" also includes hours for which the
employee receives other types of compensation, such as

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administrative, personal leave, vacation or sick leave, or paid
time off.
(3) "Care" includes, but is not limited to, physical care,
emotional support, visitation, arranging for a change in care,
assistance with essential daily living matters, and personal
attendant services.
(4) "Child" means a biological, adopted, or foster child,
stepchild, or legal ward of an employee, or a child for whom an
employee is standing in loco parentis, a child of the spouse of
an employee, or a child of a party to a civil union, or any
other individual whose close association with the employee is
the equivalent of a child.
(5) "Civil union" means a civil union as defined in the
Illinois Religious Freedom Protection and Civil Union Act.
(6) "Consecutive leave" means leave that is taken without
interruption based upon an employee's regular work schedule and
does not include breaks in employment in which an employee is
not regularly scheduled to work. For example, when an employee
is normally scheduled to work from September through June and
is not scheduled to work during July and August, a leave taken
continuously during May, June, and September shall be
considered a consecutive leave.
(7) "Covered employee" means (a) an individual employed by
the same employer, as defined in paragraph (12), in the State
of Illinois for 12 weeks or more who has worked 240 or more
base hours. This threshold must be met annually, however, once

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the annual threshold is met, the covered employee shall be able
to use family and medical leave. A covered employee is
considered to be employed in the State of Illinois if (i) the
individual works in Illinois; (ii) the individual performs some
work in Illinois and the employer's base of operations or the
place from which the work is directed and controlled is in
Illinois; or (iii) the base of operations or place from which
the work is directed or controlled is not in any state in which
some part of the work is performed, but the individual's
residence is in this state.
(8) "Department" means the Department of Employment
Security.
(9) "Director" means the Director of Employment Security
and any transaction or exercise of authority by the Director
shall be deemed to be performed by the Department.
(10)"Employ" means to suffer or permit to work.
(11)"Employee" means any person who works for an employer
for wage, remuneration, or other compensation. This includes
persons working any number of hours, including full-time or
part-time status. "Employee" does not include any person who
the employer establishes:
(A) has been and will continue to be free from control
and direction over the performance of their work, both
under a contract of service and in fact;
(B) is engaged in an independently established trade,
occupation, profession or business; or

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(C) is deemed a legitimate sole proprietor or
partnership. A sole proprietor or partnership shall be
deemed to be legitimate if the employer establishes that:
(i) the sole proprietor or partnership is
performing the service free from the direction or
control over the means and manner of providing the
service, subject only to the right of the employer for
whom the service is provided to specify the desired
result;
(ii) the sole proprietor or partnership is not
subject to cancellation or destruction upon severance
of the relationship with the employer;
(iii) the sole proprietor or partnership has a
substantial investment of capital in the sole
proprietorship or partnership beyond the ordinary
tools and equipment and a personal vehicle;
(iv) the sole proprietor or partnership owns the
capital goods and gains the profits and bears the
losses of the sole proprietorship or partnership;
(v) the sole proprietor or partnership makes its
services available to the general public on a
continuing basis;
(vi) the sole proprietor or partnership includes
services rendered on a federal Income Tax Schedule as
an independent business or profession;
(vii) the sole proprietor or partnership performs

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services for the contractor under the sole proprietor
or partnership's name;
(viii) when the services being provided require a
license or permit, the sole proprietor or partnership
obtains and pays for the license or permit in the sole
proprietorship's or partnership's name;
(ix) the sole proprietor or partnership furnishes
the tools and equipment necessary to provide the
service;
(x) if necessary, the sole proprietor or
partnership hires its own employees without approval
of the employer, pays the employees without
reimbursement from the employer and reports the
employees' income to the Internal Revenue Service;
(xi) the employer does not represent the sole
proprietorship or partnership as an employee of the
employer to the public; and
(xii) the sole proprietor or partnership has the
right to perform similar services for others on
whatever basis and whenever it chooses.
(12) "Employer" means any individual, person, partnership,
association, limited liability company, trust, estate,
joint-stock company, insurance company, employment and labor
placement agency, or business where wages are made directly or
indirectly by the agency or business for work undertaken by the
employee under hire to a third party pursuant to a contract

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between the agency or business with the third party, or
corporation, whether domestic or foreign, or the receiver,
trustee in bankruptcy, trustee, or person that has in its
employ one or more employees performing services for it as a
covered employee. "Employer" also includes any employer
subject to the Unemployment Insurance Act, except the State,
its political subdivisions, and any instrumentality of the
State. All employees performing services within this State for
any employing unit that maintains 2 or more separate
establishments within this State shall be deemed to be employed
by a single employing unit for all purposes of this Act.
(13) "Family member" means an employee's child, spouse,
party to a civil union, parent, or any other individual related
by blood or whose close relationship with the employee is the
equivalent of a family relationship, as determined by the
employee.
(14) "Family and medical leave" means leave taken by a
covered employee from work with an employer:
(A) to participate in the providing of care, including
physical or psychological care, for a family member of the
covered employee made necessary by a serious health
condition of the family member;
(B) to be with a child during the first 12 months after
the child's birth, if the employee, the employee's spouse,
or the party to a civil union with the employee, is a
biological parent of the child, or the first 12 months

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after the placement of the child for adoption or foster
care with the employee, the first 12 months after the child
becomes the legal ward of the employee, the employee's
spouse, or the party to a civil union with the employee, or
the first 12 months after the employee, the employee's
spouse, or the party to a civil union with the employee
acquires loco parentis status of the child;
(C) for the employee's own serious health condition;
(D) because of any qualifying exigency as interpreted
under the Family and Medical Leave Act of 1993 (29 U.S.C.
2612(a)(1)(E) and 29 CFR) as of the effective date of this
Act arising out of the fact that the spouse, party to a
civil union, child, parent of the employee, or any other
individual related by blood or whose close relationship
with the employee is equivalent to a family relationship is
on active duty (or has been notified of an impending call
or order to active duty) in the armed forces as of the
United States; or
(E) because the employee or the employee's family
member is the victim of domestic violence as defined in
Section 103(3) of the Illinois Domestic Violence Act of
1986, or sexual violence, which means: (1) any conduct
proscribed by Article 11 of the Criminal Code of 2012
except Sections 11-35 and 11-45; (ii) Sections 12-7.3,
12-7.4, and 12-7.5 of the Illinois Criminal Code of 2012;
or (iii) a similar provision of the Criminal Code of 1961.

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"Family and medical leave" does not include any period of
time during which an employee is paid benefits pursuant to
the Workers' Compensation Act because the employee is
unable to perform the duties of the employee's employment
due to the employee's own disability, or paid benefits
pursuant to the Unemployment Insurance Act. Act because the
employee is unable to perform the duties of the employee's
employment due to the employee's own disability.
(15) "Family and medical leave benefits" means any payments
that are payable to a covered employee for all or part of a
period of family and medical leave.
(16) "Health care provider" means any person licensed under
federal, State, or local law or the laws of a foreign nation to
provide health care services or any other person who has been
authorized to provide health care by a licensed health care
provider.
(17) "Intermittent leave" means a non-consecutive leave
consisting of intervals, each of which is at least one, but
fewer than 12, weeks within a consecutive 12-month period.
(18) "Parent" means a biological parent, foster parent,
adoptive parent, or stepparent of the employee or a person who
was a legal guardian of, or who stood in loco parentis to, the
employee when the employee was a child, or any other individual
whose close association with the employee is the equivalent of
a parent.
(19) "Placement for adoption" means the time when an

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employee adopts a child or becomes responsible for a child
pending adoption by the eligible employee.
(20) "Serious health condition" means an illness, injury,
impairment, or physical or mental condition that requires
inpatient care in a hospital, hospice, or residential medical
care facility or continuing medical treatment or continuing
supervision by a health care provider.
(21) "12-month period" means, with respect to an employee
who establishes a valid claim for family and medical leave
benefits during a period of family and medical leave, the 365
consecutive days that begin with the first day that the
employee first establishes the claim.
(22) "Victim services organization" means a nonprofit,
nongovernmental organization that provides assistance to
victims of domestic or sexual violence, including rape crisis
centers, organizations carrying out a domestic violence
program, organizations operating a shelter or providing
counseling services, or a legal services organization or other
organization providing assistance through the legal process.
Section 15. Family and medical leave insurance program.
(a) The Department shall establish and administer a family
and medical leave insurance program.
(b) The Department shall establish procedures and forms for
filing claims for benefits under this Act.
(c) The Department shall use information sharing and

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integration technology to facilitate the disclosure of
relevant information or records by the Department.
(d) Information contained in the files and records
pertaining to an employee under this Act is confidential and
not open to public inspection, other than to public employees
in the performance of their official duties. However, the
employee or an authorized representative of an employee may
review the records or receive specific information from the
records on the presentation of the signed authorization of the
employee. An employer or the employer's duly authorized
representative may review the records of an employee employed
by the employer in connection with a pending claim. At the
Department's discretion, other persons may review records when
such persons are rendering assistance to the Department at any
stage of the proceedings on any matter pertaining to the
administration of this Act.
An employer must keep at its place of business records of
employment from which the information needed by the Department
for purposes of this Act may be obtained. The records shall at
all times be open to the inspection of the Department pursuant
to rules adopted by the Department.
(e) The Department shall develop and implement an outreach
program to ensure that individuals who may be eligible to
receive family and medical leave benefits under this Act are
made aware of these benefits. Outreach information shall
explain, in an easy to understand format, eligibility

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requirements, the claims process, weekly benefit amounts,
maximum benefits payable, notice requirements, reinstatement
and nondiscrimination rights, confidentiality, and
coordination of leave under this Act and other laws, collective
bargaining agreements, and employer policies. Outreach
information shall be available in English and in languages
other than English that are spoken as a primary language by a
significant portion of the State's population, as determined by
the Department.
(d) A covered employee may make a claim for benefits under
this Act on and after January 1 of the year one year after the
Department begins collecting employee payroll premium
deductions and employer premium contributions under this Act.
Section 20. Eligibility for benefits.
(a) The Department may require that a claim for family and
medical leave benefits under this Act be supported by a
certification. For a claim for family and medical leave under
paragraph (A), (B), or (C) of item (14) of Section 10, the
certification shall be issued by a health care provider of the
employee's choosing who is providing care to the employee or
the employee's family member if applicable. For a claim for
family and medical leave under paragraph (E) of item (14) of
Section 10, any one of the following is acceptable for
certification, and only one of the following documents shall be
required: a police report, court document, document issued by a

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healthcare provider, or a signed statement from an attorney, a
member of the clergy, or a victim services organization or
advocate. It is up to the employee to determine which
documentation to submit. If a document has been submitted, the
Department or the employer shall not request or require any
other document if the reason for the initial or subsequent
claims for family and medical leave is related to the same
incident of violence or the same perpetrator of the violence.
(b) The eligibility of an employee for benefits is not
affected by a strike or lockout at the factory, establishment,
or other premises at which the employee is or was last
employed.
(c) An employee who has received benefits under this Act
may not lose any other employment benefits, including seniority
or pension rights, accrued before the date that family and
medical leave commenced. The employer shall maintain during any
period of family and medical leave taken the health benefits of
the employee and, if applicable, the employee's dependents, in
force at the time a request for family and medical leave was
made, for the duration of such leave as if the employee had
continued to work from the date the employee commenced the
family and medical leave until the date the employee returns to
work. However, this Section does not entitle an employee to
accrue employment benefits during a period of family and
medical leave or to a right, benefit, or position of employment
other than a right, benefit, or position to which the employee

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would have been entitled had the employee not taken family and
medical leave.
(d) This Act does not diminish an employer's obligation to
comply with a collective bargaining agreement or an employment
benefits program or plan that provides greater benefits to
employees than the benefits provided under this Section.
(e) An agreement by an employee to waive the employee's
rights under this Section is void as contrary to public policy.
The benefits under this Act may not be diminished by a
collective bargaining agreement or another employment benefits
program or plan entered into or renewed after the effective
date of this Act.
(f) Nothing in this Act shall be deemed to affect the
validity or change the terms of bona fide collective bargaining
agreements in force on the effective date of this Act. After
that date, requirements of this Act may be waived in a bona
fide collective bargaining agreement, but only if the waiver is
set forth explicitly in such agreement in clear and unambiguous
terms.
Section 25. Elective coverage; self-employed.
(a) For benefits payable beginning January 1, 2021, any
self-employed person, including a sole proprietor, independent
contractor, partner, or joint venturer, who has
self-employment income for work performed in Illinois in
accordance with the definition of covered employee under item

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(7) of Section 10 may elect coverage for an initial period of
not less than 3 years and subsequent periods of not less than
one year immediately following a period of coverage. Those
electing coverage under this Act are responsible for payment of
100% of all premiums assessed to any employee and employer
under this Act. The self-employed person must file a notice of
election in writing with the Department, in a manner as
required by the Department in rule. The self-employed person is
eligible for family and medical leave benefits after working at
least 12 weeks in the state following the date of filing the
notice.
(b) A self-employed person who has elected coverage may
withdraw from coverage within 30 days after the end of each
period of coverage, or at such other times as the Department
may adopt by rule, by filing a notice of withdrawal in writing
with the Department, such withdrawal to take effect not sooner
than 30 days after the filing the notice with the Department.
(c) The Department may cancel elective coverage if the
self-employed person fails to make required payments or file
reports. The Department may collect due and unpaid premiums and
may levy additional premium for the remainder of the period of
coverage. The cancellation shall be effective no later than 30
days from the date of the notice in writing advising the
self-employed person of the cancellation.
(d) Those electing coverage are considered employees or
employers where the context dictates so.

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(e) In this Section, "independent contractor" means an
individual excluded from employment under the definition of
"employee" under Section 10 of this Act.
Section 30. Disqualification from benefits.
(a) An employee is disqualified from family and medical
leave benefits under this Act if the employee:
(1) willfully makes a false statement or
misrepresentation regarding a material fact, or willfully
fails to disclose a material fact, to obtain benefits;
(2) seeks benefits based on a serious health condition
that resulted from the employee's commission of a felony.
(b) A disqualification for family and medical leave
benefits is for a period of 2 years, and commences on the first
day of the calendar week in which the employee filed a claim
for benefits under this Act. An employee who is disqualified
for benefits is liable to the Department for a penalty in an
amount equal to 15% of the amount of benefits received by the
employee.
Section 35. Family and Medical Leave Insurance Fund.
(a) The Family and Medical Leave Insurance Fund is created
as a special fund in the State treasury. Moneys in the Fund may
be used for the payment of family and medical leave benefits
and for the administration of this Act. All interest and other
earnings that accrue from investment of moneys in the Fund

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shall be credited to the Fund.
(b) An employer shall retain from all employees a payroll
premium deduction in the amount of 0.15% of wages as defined in
Section 235 of the Unemployment Insurance Act. An employer
shall pay an amount equal to the payroll premium deduction,
known as the employer's premium contribution. The Department
shall by rule provide for the collection of this payroll
premium deduction and the employer's premium contribution.
The amount of the payroll premium deduction and the
employer's premium contribution imposed under this Section,
less refunds authorized by this Act, and all assessments and
penalties collected under this Act shall be deposited into and
credited to the Fund.
(c) A separate account, to be known as the Family and
Medical Leave Insurance Administration Account, shall be
maintained in the Fund. An amount determined by the Department
sufficient for proper administration, not to exceed, however,
0.05% of additional payroll premium deductions and of employer
premium contributions as defined in this Section, shall be
collected and credited to the Administration Account. The
expenses of the Department in administering the Fund and its
accounts shall be charged against the Administration Account.
The costs of administration of this Act shall be charged to the
Administration Account.
(d) A separate account, to be known as the Family and
Medical Leave Benefits Account, shall be maintained in the

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Fund. The account shall be charged with all benefit payments.
Prior to July 1 of each calendar year, the Department shall
determine the average rate of interest and other earnings on
all investments of the Fund for the preceding calendar year. If
there is an accumulated deficit in the Family and Medical Leave
Benefits Account in excess of $200,000 at the end of any
calendar year after interest and other earnings have been
credited as provided in this Section, the Department shall
determine the ratio of the deficit to the total of all taxable
wages paid during the preceding calendar year and shall make an
assessment against all employers in an amount equal to the
taxable wages paid by them during the preceding calendar year
to employees, multiplied by the ratio, but in no event shall
any such assessment exceed 0.1% of such wages. The amounts
shall be collectible by the Department in the same manner as
provided for the collection of employer contributions under the
Unemployment Insurance Act. In making this assessment, the
Department shall furnish to each affected employer a brief
summary of the determination of the assessment. The amount of
such assessments collected by the Department shall be credited
to the Family and Medical Leave Benefits Account. As used in
this Section, "wages" means wages as provided in Section 235 of
the Unemployment Insurance Act.
(e) A board of trustees, consisting of the State Treasurer,
the Secretary of State, the Director of Labor, the Director of
Employment Security, and the State Comptroller, is hereby

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created. The board shall invest and reinvest all moneys in the
Fund in excess of its cash requirements in obligations legal
for savings banks.
(f) The Department may adjust rates, not to exceed the
amount established in subsection (b) of this Section, for the
collection of premiums pursuant to subsection (b) of this
Section. The Department shall set rates for premiums in a
manner that minimizes the volatility of the rates assessed and
so that at the end of the period for which the rates are
effective, the cash balance shall be an amount approximating 12
months of projected expenditures from the Fund, considering the
functions and duties of the Department under this Act.
(g) An employer required to make employee premium
deductions and pay employer premium contributions under this
Section shall make and file a report of employee hours worked
and amounts due under this Section upon a combined report form
prescribed by the Department. The report shall be filed with
the Department at the times and in the manner prescribed by the
Department.
(h) If the employer is a temporary employment agency that
provides employees on a temporary basis to its customers, the
temporary employment agency is considered the employer for
purposes of this Act.
(i) When an employer goes out of business or sells out,
exchanges, or otherwise disposes of the business or stock of
goods, any premiums payable under this Section are immediately

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due and payable, and the employer shall, within 10 days
thereafter, pay the premiums due. A person who becomes a
successor to the business is liable for the full amount of the
premiums and shall withhold from the purchase price a sum
sufficient to pay any premiums due from the employer until the
employer produces a receipt from the Department showing payment
in full of any premiums due or a certificate that no premium is
due. If the premiums are not paid by the employer within 10
days after the date of the sale, exchange, or disposal, the
successor is liable for the payment of the full amount of the
premiums. The successor's payment of the premiums are, to the
extent of the payment, a payment upon the purchase price, and
if the payment is greater in amount than the purchase price,
the amount of the difference is a debt due the successor from
the employer.
A successor is not liable for any premiums due from the
person from whom the successor has acquired a business or stock
of goods if the successor gives written notice to the
Department of the acquisition and no assessment is issued by
the Department within one year after receipt of the notice
against the former operator of the business.
(j) This Section is inoperative before January 1 of the
year after this Act becomes law. At that time, the Department
shall collect the amounts due under this Section.
Section 40. Compensation for family and medical leave.

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(a) An individual's weekly benefit rate shall be determined
as follows: if the employee's average weekly wage is (a) 50% or
less of the statewide average weekly wage, the employee's
weekly benefit is 90% of the employee's average weekly wage or
(b) greater than 50% of the statewide average weekly wage, the
employee's weekly benefit is the sum of (i) 90% of the
employee's average weekly wage up to 50% of the statewide
average weekly wage; and (ii) 50% of the statewide average
weekly wage that is greater than 50% of the employee's average
weekly wage. The individual's benefit rate shall be computed to
the next lower multiple of $1 if not already a multiple
thereof. The amount of benefits for each day of family and
medical leave for which benefits are payable shall be
one-seventh of the corresponding weekly benefit amount;
provided that the total benefits for a fractional part of a
week shall be computed to the next lower multiple of $1 if not
already a multiple thereof.
(b) The maximum weekly benefit for family and medical leave
shall be $1,000, adjusted annually after the first year to 90%
of the statewide average weekly wage.
(c) With respect to any period of family and medical leave
taken by a covered employee, family and medical leave benefits
not in excess of the employee's maximum benefits shall be
payable with respect to the first day of family and medical
leave taken after a waiting period consisting of the first 7
calendar days of family and medical leave following the

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commencement of the period of family and medical leave and each
subsequent day of family and medical leave during that period
of family and medical leave; and if benefits become payable on
any day after the first 3 weeks in which leave is taken, then
benefits shall also be payable with respect to any leave taken
during the first one-week period in which leave is taken. The
waiting period need only be served once every application year.
The maximum total benefits payable to any covered employee
commencing on or after the effective date of this Act shall be
12 times the employee's weekly benefit amount, provided that
the maximum amount shall be computed in the next lower multiple
of $1 if not already a multiple thereof.
(d) The first payment of benefits must be made to an
employee within 14 calendar days after the claim is filed and
subsequent payments must be made no later than semi-monthly
thereafter. If the employer contests an initial application for
family and medical leave benefits, the employer must notify the
employee and the Department in a manner prescribed by the
Director within 10 calendar days of receipt of notice from the
Department of the employee's filing of an application for
benefits.
Nothing in this Act shall be construed to prohibit the
establishment by an employer, without approval by the
Department, of a supplementary plan or plans providing for the
payment to employees, or to any class or classes of employees,
of benefits in addition to the benefits provided by this Act.

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The rights, duties, and responsibilities of all interested
parties under the supplementary plans shall be unaffected by
any provision of this Act.
Section 45. Family and medical leave; duration. A covered
employee may take up to 12 weeks of family and medical leave
within any 12-month period in order to provide care made
necessary by reasons identified in Section 10. A covered
employee may take family and medical leave on an intermittent
schedule in which all of the leave authorized under this Act is
not taken sequentially.
Section 50. Annual reports; contents.
(a) The Department shall issue and make available to the
public, not later than July 1, 2023 and July 1 of each
subsequent year, annual reports providing data on family and
medical leave benefits claims including separate data for each
of the following categories of claims: the employee's own
serious illness; care of newborn children; care of newly
adopted children; care of seriously ill family members, because
of family members on active duty in the armed forces of the
U.S.; and for domestic or sexual violence The reports shall
include, for each category of claims, the number of workers
receiving the benefits, the amount of benefits paid, the
average duration of benefits, the average weekly benefit, and
any reported amount of sick leave, vacation, or other fully

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paid time which resulted in reduced benefit duration. The
report shall provide data by gender and by any other
demographic factors determined to be relevant by the
Department. The reports shall also provide, for all family and
medical leave benefits, the total costs of benefits and the
total cost of administration, the portion of benefits for
claims during family and medical leave, and the total revenues
from employer assessments, where applicable; employee
assessments; and other sources.
(b) The Department may, in its discretion, conduct surveys
and other research regarding, and include in the annual reports
descriptions and evaluations of the impact and potential future
impact of the costs and benefits resulting from the provisions
of this Act for:
(1) employees and their families, including surveys
and evaluations of what portion of the total number of
employees taking family and medical leave would not have
taken leave, or would have taken less leave, without the
availability of benefits; what portion of employees return
to work after receiving benefits and what portion are not
permitted to return to work; and what portion of employees
who are eligible for benefits do not claim or receive them
and why they do not;
(2) employers, including benefits such as reduced
training and other costs related to reduced turnover of
personnel, and increased affordability of family and

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medical leave through the State, with special attention
given to small businesses; and
(3) the public, including savings caused by any
reduction in the number of people receiving public
assistance.
(c) The total amount of any expenses that the Department
determines are necessary to carry out its duties pursuant to
this Section shall be charged to the Administration Account of
the Fund.
Section 55. Prohibited acts; enforcement.
(a) No employer, temporary employment agency, employment
agency, employee organization, or other person shall
discharge, expel, or otherwise retaliate or discriminate
against a person because the person has requested family and
medical leave, attempted to claim family and medical leave
benefits, taken family and medical leave, filed or communicated
to the employer an intent to file a claim, a complaint, or an
appeal, or has testified or is about to testify or has assisted
in any proceeding, under this Act, at any time.
(b) Any person who violates subsection (a) shall be liable
to the individual employed by such a person who is affected by
the violation for damages equal to the sum of:
(1) the amount of:
(A) any wages, salary, employment benefits, or
other compensation denied or lost to such individual by

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reason of the violation; or
(B) in a case in which wages, salary, employment
benefits, or other compensation have not been denied or
lost to the individual, any actual monetary losses
sustained by the individual as a direct violation, such
as the cost of providing care, up to a sum equal to 60
calendar days of wages or salary for the individual;
and
(2) the interest on the amount described under item (A)
calculated at the prevailing rate; and
(3) an additional amount as liquidated damages equal to
the sum of the amount described in item (1) and the
interest described in item (2), except if a person who has
violated subsection (a) proves to the satisfaction of the
court that the act or omission was in good faith and that
the person had reasonable grounds for believing that the
act or omission was not a violation of subsection (a), the
court may, in the discretion of the court, reduce the
amount of the liability to the amount and interest
determined under item (A) and (B), respectively.
In addition, a court may order such equitable relief as may
be appropriate, including employment, reinstatement, and
promotion.
(c) An action to recover the damages or obtain equitable
relief subsection (a) may be maintained against any person in
any court on behalf of:

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(1) the individual; or
(2) the individual or other individuals similarly
situated.
(d) The court in such an action shall, in addition to any
judgment awarded to the plaintiff, allow a reasonable
attorney's fee, reasonable expert witness fees, and other costs
of the action to be paid by the defendant.
(e) The right under subsection (c) to bring an action by or
on behalf of any individual shall terminate:
(1) on the filing of a complaint by the Department in
an action in which restraint is sought of any further delay
in the payment of the amount described in item (1) of
subsection (b) to such individual by the person responsible
under subsection (a) for the payment; or
(2) on the filing of a complaint by the Department in
an action under subsection (f) in which a recovery is
sought of the damages described in item (1) of subsection
(b) owing to an individual by a person liable under
subsection (a).
(f) Action by the Department.
(1) The Department may bring an action in any court to
recover the damages described in item (1) of subsection
(b).
(2) Any sums recovered pursuant to item (1) of this
subsection shall be held in a special deposit account and
shall be paid, on order of the Department, directly to each

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individual affected. Any such sums not paid to an
individual because of inability to do so within a period of
3 years shall be deposited into the Fund.
(3) An action may be brought under this subsection not
later than 3 years after the date of the last event
constituting the alleged violation for which the action is
brought.
(4) An action brought by the Department under this
subsection shall be considered to be commenced on the date
when the complaint is filed.
(5) The Department may bring an action to restrain
violations of subsection (a), including the restraint of
any withholding of payment of wages, salary, employment
benefits, or other compensation, plus interest, found by
the court to be due to the individual, or to award such
other equitable relief as may be appropriate, including
employment, reinstatement, and promotion.
(g) A person aggrieved by a decision of the Department
under this Act may request a hearing. The Department shall
adopt rules governing hearings and the issuance of final orders
under this Act in accordance with the provisions of the
Illinois Administrative Procedure Act. All final
administrative decisions of the Department under this Act are
subject to judicial review under the Administrative Review Law.
Section 60. Penalties.

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(a) Persons who make a false statement or representation,
knowing it to be false, or knowingly fails to disclose a
material fact to obtain or increase any family and medical
leave benefit during a period of family and medical leave,
either for themselves or for any other person, shall be liable
for a civil penalty of $250 to be paid to the Fund. Each such
false statement or representation or failure to disclose a
material fact shall constitute a separate offense. Upon refusal
to pay such civil penalty, the civil penalty shall be recovered
in a civil action by the Attorney General on behalf the
Department in the name of the State of Illinois. If, in any
case in which liability for the payment of a civil penalty has
been determined, any person who has received any benefits under
this Act by reason of the making of such false statements or
representations or failure to disclose a material fact shall
not be entitled to any benefits under this Act for any leave
occurring prior to the time he or she has discharged his or her
liability to pay the civil penalty.
(b) A person who willfully violates any provision of this
Act or any rule adopted under this Act for which a civil
penalty is neither prescribed in this Act nor provided by any
other applicable law shall be subject to a civil penalty of
$500 to be paid to the Fund. Upon the refusal to pay such civil
penalty, the civil penalty shall be recovered in a civil action
by the Attorney General on behalf of the Department in the name
of the State of Illinois.

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(c) A person, employing unit, employer, or entity violating
any provision of this Section with intent to defraud the
Department is guilty of a Class C misdemeanor. The fine upon
conviction shall be payable to the Fund. Any penalties imposed
by this subsection shall be in addition to those otherwise
prescribed in this Section.
Section 65. Leave and employment protection.
(a) During a period in which an employee receives family
leave benefits under this Act, the employee is entitled to
family leave and, at the established ending date of leave, to
be restored to a position of employment with the employer from
whom leave was taken as provided under subsection (b).
(b) Except as provided in subsection (f), an employee who
receives family and medical leave benefits under this Act for
the intended purpose of the family and medical leave is
entitled, on return from the leave:
(1) to be restored by the employer to the position of
employment held by the employee when the family and medical
leave commenced; or
(2) to be restored to an equivalent position with
equivalent employment benefits, pay, and other terms and
conditions of employment at a workplace within 5 miles of
the employee's workplace when the family and medical leave
commenced.
(c) The taking of family and medical leave under this Act

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may not result in the loss of any employment benefits accrued
before the date on which the family and medical leave
commenced.
(d) Nothing in this Section entitles a restored employee
to:
(1) the accrual of any seniority or employment benefits
during any period of family and medical leave; or
(2) any right, benefit, or position of employment other
than any right, benefit, or position to which the employee
would have been entitled to had the employee not taken the
family and medical leave.
(e) Nothing in this Section prohibits an employer from
requiring an employee on family and medical leave to report
periodically to the employer on the status and intention of the
employee to return to work.
(f) An employer may deny restoration under subsection (b)
to a salaried employee who is among the highest paid 10% of the
employees employed by the employer within 75 miles of the
facility at which the employee is employed if:
(1) denial is necessary to prevent substantial and
grievous economic injury to the operations of the employer;
(2) the employer notifies the employee of the intent of
the employer to deny restoration on such basis at the time
the employer determines that the injury would occur; and
(3) the family and medical leave has commenced and the
employee elects not to return to employment after receiving

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the notice.
Section 70. Notice to employer.
(a) If the necessity for family and medical leave for the
birth or placement of a child or for any other reason under
item (14) of Section 10 is foreseeable, the employee shall
provide the employer with not less than 30 days' notice, before
the date the leave is to begin, of the employee's intention to
take leave for the birth or placement of a child or for any
other reason under item (14) of Section 10, except that if the
expected date requires leave to begin in less than 30 days, the
employee shall provide such notice as is practical.
Section 75. Employment by same employer. If spouses or
parties to a civil union who are entitled to leave under this
Act are employed by the same employer, the employer may not
require that spouses or parties to a civil union not take such
leave concurrently.
Section 80. Coordination of leave.
(a) Family and medical leave taken under this Act must be
taken concurrently with any leave taken under the federal
Family and Medical Leave Act of 1993.
(b) An employer may require that family and medical leave
taken under this Act be taken concurrently with leave allowed
under the terms of a collective bargaining agreement or

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employer policy. The employer must give employees written
notice of this requirement.
Section 85. Rules. The Department may adopt any rules
necessary to implement the provisions of this Act. In adopting
rules, the Department shall maintain consistency with the
regulations adopted to implement the Federal Family and Medical
Leave Act of 1993 as of the effective date of this Act to the
extent such regulations are not in conflict with this Act.
Section 90. Authority to contract. The Department may
contract or enter into interagency agreements with other State
agencies for the initial administration of the Family and
Medical Leave Insurance Act
Section 175. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 900. The State Finance Act is amended by adding
Section 5.891 as follows:
(30 ILCS 105/5.891 new)
Sec. 5.891. The Family and Medical Leave Insurance Fund.