Illinois 103rd Regular Session Status: Passed House Bipartisan · 23 D · 3 R cosponsors

HB 5294 — NEONATAL INTENSIVE CARE LEAVE

Last action — Added as Alternate Chief Co-Sponsor Sen. David Koehler

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 103rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Creates the Family Neonatal Intensive Care Leave Act. Provides that all employees shall be entitled to use a maximum of 10 days of unpaid neonatal intensive care leave while a child of the employee is a patient in a neonatal intensive care unit. Provides that an employer shall not require that an employee use leave the employee is entitled to under the Family Medical Leave Act instead of leave the employee is entitled to under the Act. Sets forth provisions concerning unlawful employer practices; Department of Labor responsibilities; and enforcement. Amends the State Finance Act to create the Neonatal Intensive Care Leave Fund.

Bill Text

What changed in the latest version

124 added · 102 removed

Plain-language change summary

The new version of HB 5294 clarifies the definitions of "employee" and "employer" by explicitly including employees and employers of the State of Illinois within these definitions. Additionally, it establishes specific amounts of unpaid neonatal intensive care leave based on the size of the employer, with smaller employers offering up to 10 days and larger employers offering 20 days. These changes matter because they ensure that more employees, including state workers, are protected under the same leave policies, providing greater support for families during critical times when their newborns are in intensive care.

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*LRB10337634SPS67761b* HB5294 103RD GENERAL ASSEMBLY State of Illinois and 2024 HB5294 Introduced 2/9/2024, by Rep.
HB5294 Engrossed LRB103 37634 SPS 67761 b AN ACT concerning employment.
Laura Faver Dias SYNOPSIS AS INTRODUCED:
New Act ILCS 105/5.1015 new Creates the Family Neonatal Intensive Care Leave Act.
Provides that neonatal intensive care leave while a child of the employee is a patient in a neonatal intensive care unit.
Provides that an employer shall not require that an employee use leave the employee is entitled to under the Family Medical Leave Act instead of leave the employee is entitled to under the Act.
Sets forth provisions concerning unlawful employer practices;
Department of Labor responsibilities;
and enforcement.
Amends the State Finance Act to create the Neonatal Intensive Care Leave Fund.
LRB103 37634 SPS 67761 b A BILL FOR HB5294 LRB103 37634 SPS 67761 b AN ACT concerning employment.
"Employee" means eligible employee, as defined by Section 101(2) of the federal Family and Medical Leave Act of 1993 (29 U.S.C.
"Employee" has the meaning ascribed to that term in Section 2 of the Illinois Wage Payment and Collection Act and also includes any employee of the State of Illinois.
2601 et seq.).
"Employer" has the meaning ascribed to that term in Section 2 of the Illinois Wage Payment and Collection Act and also includes the State of Illinois.
"Employer" means employer, as defined by Section 101(4) of the federal Family and Medical Leave Act of 1993 (29 U.S.C.
2601 et seq.).
(a) All employees shall be entitled to use a maximum of 10 days of unpaid neonatal intensive care leave while a child of HB5294 - 2 - LRB103 37634 SPS 67761 b the employee is a patient in a neonatal intensive care unit.
(a) An employee of an employer with 16 or more employees and no more than 50 employees shall be entitled to use a HB5294 Engrossed - 2 - LRB103 37634 SPS 67761 b maximum of 10 days of unpaid neonatal intensive care leave while any child of the employee is a patient in a neonatal intensive care unit.
(b) An employer shall not require that an employee use leave the employee is entitled to under the Family Medical Leave Act instead of leave the employee is entitled to under this Act.
An employee of an employer with 51 or more employees shall be entitled to use 20 days of unpaid neonatal intensive care leave while a child of the employee is a patient in a neonatal intensive care unit.
Leave may be taken continually or intermittently at the employee's selection.
An employer may require that leave be taken in minimum increments of not less than 2 hours in duration.
(b) An employee who is entitled to leave under the Family and Medical Leave Act and takes leave under this Act shall be granted, upon completion of and in addition to any leave taken under the Family and Medical Leave Act, any leave available under this Act.
An employee shall be entitled to leave for the maximum number of days specified in subsection (a) or the length of time the employee's child was a patient in a neonatal intensive care unit, whichever is less.
An employer shall not require that an employee use any paid leave available to the employee for any reason instead of leave the employee is entitled to under this Act.
An employee who is entitled to take paid or unpaid leave, including family, medical, sick, annual, personal, or similar leave, from employment, under federal, State, or local law, a collective bargaining agreement, or an employment benefits program or plan, may elect to substitute any period of leave for an equivalent period of leave provided under this Act.
HB5294 Engrossed - 3 - LRB103 37634 SPS 67761 b (c) Upon the conclusion of leave taken under this Act, an employee shall be reinstated to his or her former position or a substantially equivalent one with no loss of benefits held or accrued prior to taking leave.
During the period of leave, any health insurance benefits shall be maintained by an employer as if an employee had not taken leave.
An employer shall not require an employee who uses unpaid neonatal intensive care leave to provide a replacement worker.
(d) If an employee takes unpaid neonatal intensive care leave under this Section, an employer may require reasonable verification of the employee's child's length of stay in a neonatal intensive care unit.
As part of a reasonable verification, an employer shall not request any confidential information protected by the Health Insurance Portability and Accountability Act of 1996 or other law.
(a) It is unlawful for any employer to take any adverse action against an employee because the employee (1) exercises rights or attempts to exercise rights under this Act, (2) opposes practices which such employee believes to be in violation of this Act, or (3) supports the exercise of rights of another under this Act.
(a) It is unlawful for any employer to take any adverse action against an employee because the employee:
(b) Exercising rights under this Act includes filing an action or instituting or causing to be instituted any proceeding under or related to this Act;
(1) exercises rights or attempts to exercise rights under this Act;
providing or agreeing to provide any information in connection with any inquiry or proceeding relating to any right provided under this Act;
(2) opposes practices which such employee believes to be in violation of this Act;
or testifying to or agreeing to testify in any inquiry or proceeding relating to any right provided under this Act.
or (3) supports the exercise of rights of another under this Act.
(b) Exercising rights under this Act includes, but is not HB5294 Engrossed - 4 - LRB103 37634 SPS 67761 b limited to, filing an action or instituting or causing to be instituted any proceeding under or related to this Act, providing or agreeing to provide any information in connection with any inquiry or proceeding relating to any right provided under this Act, or testifying to or agreeing to testify in any inquiry or proceeding relating to any right provided under this Act.
The Department shall have the powers and the parties shall have the rights provided in the HB5294 - 3 - LRB103 37634 SPS 67761 b Illinois Administrative Procedure Act for contested cases.
The Department shall have the powers and the parties shall have the rights provided in the Illinois Administrative Procedure Act for contested cases.
(b) The Department is authorized to impose civil penalties prescribed in Section 25 in administrative proceedings that comply with the Illinois Administrative Procedure Act and to supervise the payment of the unpaid wages and damages owing to the employee or employees under this Act.
(b) The Department is authorized to impose civil penalties prescribed in Section 25 in administrative proceedings that comply with the Illinois Administrative Procedure Act and to supervise the payment of the unpaid wages and damages owing to HB5294 Engrossed - 5 - LRB103 37634 SPS 67761 b the employee or employees under this Act.
HB5294 - 4 - LRB103 37634 SPS 67761 b Section 25.
Section 25.
(b) An employer that violates any provision of this Act or any rule adopted under this Act is subject to a civil penalty for each employee affected as follows:
(b) An employer that violates any provision of this Act or any rule adopted under this Act is subject to a civil penalty for each employee affected not to exceed $5,000.
(1) first offense, a civil penalty not to exceed $500;
Any continuous period of time that any child of an employee is a patient in a neonatal intensive care unit, during which time the employer is found to have violated the employee's rights under this Act, shall constitute a single violation.
(2) second or subsequent offense, a civil penalty not to exceed $1,000.
HB5294 Engrossed - 6 - LRB103 37634 SPS 67761 b (c) A civil action may be brought in the circuit court by an employee to enforce this Act.
(c) A civil action may be brought in the circuit court by an employee to enforce this Act.
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Amendments

4 amendments

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Action History

  1. Added as Alternate Chief Co-Sponsor Sen. David Koehler

  2. Pursuant to Senate Rule 3-9(b) / Referred to Assignments

  3. Rule 2-10 Committee/3rd Reading Deadline Established As May 26, 2024

  4. Rule 2-10 Committee/3rd Reading Deadline Established As May 25, 2024

  5. Added as Alternate Co-Sponsor Sen. Napoleon Harris, III

  6. Added as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford

  7. Rule 2-10 Committee Deadline Established As May 24, 2024

  8. Rule 2-10 Committee Deadline Established As May 17, 2024

  9. To Subcommittee on Paid Leave

  10. Rule 2-10 Committee Deadline Established As May 10, 2024

  11. Assigned to Executive

  12. Referred to Assignments

  13. First Reading

  14. Chief Senate Sponsor Sen. Cristina Castro

  15. Placed on Calendar Order of First Reading

  16. Arrive in Senate

  17. Added Co-Sponsor Rep. Brad Stephens

  18. Added Co-Sponsor Rep. Michael J. Coffey, Jr.

  19. Added Co-Sponsor Rep. Nicole La Ha

  20. Third Reading - Short Debate - Passed 092-009-000

  21. Placed on Calendar Order of 3rd Reading - Short Debate

  22. House Floor Amendment No. 4 Adopted

  23. House Floor Amendment No. 4 Recommends Be Adopted Labor & Commerce Committee; 029-000-000

  24. Held on Calendar Order of Second Reading - Short Debate

  25. Second Reading - Short Debate

  26. House Floor Amendment No. 4 Rules Refers to Labor & Commerce Committee

  27. House Floor Amendment No. 4 Referred to Rules Committee

  28. House Floor Amendment No. 4 Filed with Clerk by Rep. Laura Faver Dias

  29. Added Co-Sponsor Rep. Maurice A. West, II

  30. Added Co-Sponsor Rep. Sue Scherer

  31. Added Co-Sponsor Rep. Stephanie A. Kifowit

  32. Added Co-Sponsor Rep. Robert "Bob" Rita

  33. Added Co-Sponsor Rep. Nabeela Syed

  34. Placed on Calendar 2nd Reading - Short Debate

  35. House Committee Amendment No. 3 Tabled

  36. House Committee Amendment No. 2 Tabled

  37. House Committee Amendment No. 1 Tabled

  38. Do Pass / Short Debate Labor & Commerce Committee; 028-000-000

  39. Added Co-Sponsor Rep. Margaret Croke

  40. Added Co-Sponsor Rep. Kelly M. Cassidy

  41. Added Co-Sponsor Rep. Abdelnasser Rashid

  42. House Committee Amendment No. 3 Rules Refers to Labor & Commerce Committee

  43. Added Co-Sponsor Rep. Lindsey LaPointe

  44. Added Co-Sponsor Rep. Jenn Ladisch Douglass

  45. Added Co-Sponsor Rep. Mary Beth Canty

  46. Added Co-Sponsor Rep. Dagmara Avelar

  47. Added Co-Sponsor Rep. Katie Stuart

  48. Added Co-Sponsor Rep. Lilian Jiménez

  49. House Committee Amendment No. 3 Referred to Rules Committee

  50. House Committee Amendment No. 3 Filed with Clerk by Rep. Laura Faver Dias

  51. Added Co-Sponsor Rep. Aarón M. Ortíz

  52. Added Co-Sponsor Rep. Maura Hirschauer

  53. Added Co-Sponsor Rep. Gregg Johnson

  54. Added Co-Sponsor Rep. Kevin John Olickal

  55. Added Co-Sponsor Rep. Joyce Mason

  56. House Committee Amendment No. 2 Rules Refers to Labor & Commerce Committee

  57. House Committee Amendment No. 2 Referred to Rules Committee

  58. House Committee Amendment No. 2 Filed with Clerk by Rep. Laura Faver Dias

  59. House Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee

  60. House Committee Amendment No. 1 Referred to Rules Committee

  61. House Committee Amendment No. 1 Filed with Clerk by Rep. Laura Faver Dias

  62. Assigned to Labor & Commerce Committee

  63. Referred to Rules Committee

  64. First Reading

  65. Filed with the Clerk by Rep. Laura Faver Dias

Sponsors

Sponsorship breakdown

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2 sponsors · 25 co-sponsors · 156 not signed on · 9 voted No

Sponsors (2)

Co-sponsors (25)

Not signed on (156)

156 members have not signed on to this bill.

Show all 156 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 92 Yea · 9 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 12004
Republican 23806
Democrat 57107
Total 929017
% of votes cast 78%8%0%14%
How each member voted (118)
Member Party Vote
Nichols — Yea
Ortiz — Yea
Frese — Yea
Yednock — Yea
Burke — Not Voting
Flowers — Not Voting
Caulkins — Not Voting
Costa Howard — Yea
Du Buclet — Yea
Faver Dias — Yea
Hernandez, Lisa — Not Voting
Katz Muhl — Yea
La Ha — Yea
Ladisch Douglass — Yea
Williams, Jawaharial — Yea
Yang Rohr — Yea
Abdelnasser Rashid Democrat Yea
Angelica Guerrero-Cuellar Democrat Not Voting
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Not Voting
Curtis J. Tarver, II Democrat Yea
Dagmara Avelar Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Yea
Debbie Meyers-Martin Democrat Yea
Diane Blair-Sherlock Democrat Yea
Edgar González, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Eva-Dina Delgado Democrat Yea
Fred Crespo Democrat Yea
Gregg Johnson Democrat Yea
Harry Benton Democrat Yea
Hoan Huynh Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Not Voting
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Not Voting
Kevin John Olickal Democrat Yea
La Shawn K. Ford Democrat Not Voting
Lawrence "Larry" Walsh, Jr. Democrat Yea
Lilian Jiménez Democrat Yea
Lindsey LaPointe Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Margaret Croke Democrat Not Voting
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Nay
Mary Beth Canty Democrat Yea
Mary Gill Democrat Yea
Matt Hanson Democrat Yea
Maura Hirschauer Democrat Yea
Maurice A. West, II Democrat Yea
Michael J. Kelly Democrat Yea
Michelle Mussman Democrat Yea
Nabeela Syed Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Norma Hernandez Democrat Yea
Rita Mayfield Democrat Not Voting
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sharon Chung Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Suzanne M. Ness Democrat Yea
Thaddeus Jones Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Yolonda Morris Democrat Yea
Adam M. Niemerg Republican Not Voting
Amy Elik Republican Yea
Amy L. Grant Republican Yea
Blaine Wilhour Republican Nay
Brad Halbrook Republican Nay
Brad Stephens Republican Yea
Bradley Fritts Republican Yea
Brandun Schweizer Republican Yea
Charles Meier Republican Not Voting
Chris Miller Republican Nay
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Nay
David Friess Republican Not Voting
Dennis Tipsword Republican Yea
Jackie Haas Republican Yea
Jason R. Bunting Republican Yea
Jed Davis Republican Nay
Jeff Keicher Republican Yea
Jennifer Sanalitro Republican Yea
Joe C. Sosnowski Republican Not Voting
John M. Cabello Republican Yea
Kevin Schmidt Republican Yea
Martin McLaughlin Republican Not Voting
Michael J. Coffey, Jr. Republican Yea
Norine K. Hammond Republican Yea
Patrick Sheehan Republican Yea
Patrick Windhorst Republican Yea
Paul Jacobs Republican Nay
Ryan Spain Republican Yea
Steven Reick Republican Yea
Tom Weber Republican Nay
Tony M. McCombie Republican Yea
Travis Weaver Republican Not Voting
Wayne A. Rosenthal Republican Yea
William E Hauter Republican Nay

Official roll call →

Labor & Commerce, Amendment 4

Passed 29 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 17000
Republican 9000
Unaffiliated 3000
Total 29000
% of votes cast 100%0%0%0%
How each member voted (29)
Member Party Vote
Caulkins, Dan — Yea
Du Buclet — Yea
Williams, Jawaharial — Yea
Camille Y. Lilly Democrat Yea
Dagmara Avelar Democrat Yea
Dave Vella Democrat Yea
Gregg Johnson Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Joyce Mason Democrat Yea
Kelly M. Cassidy Democrat Yea
Kevin John Olickal Democrat Yea
La Shawn K. Ford Democrat Yea
Lilian Jiménez Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michael J. Kelly Democrat Yea
Natalie A. Manley Democrat Yea
Thaddeus Jones Democrat Yea
William "Will" Davis Democrat Yea
Adam M. Niemerg Republican Yea
Blaine Wilhour Republican Yea
Brad Stephens Republican Yea
Bradley Fritts Republican Yea
Daniel J. Ugaste Republican Yea
Jason R. Bunting Republican Yea
Jennifer Sanalitro Republican Yea
Steven Reick Republican Yea
Tom Weber Republican Yea

Official roll call →

Labor & Commerce

Passed 28 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3000
Democrat 16001
Republican 9000
Total 28001
% of votes cast 97%0%0%3%
How each member voted (29)
Member Party Vote
Caulkins, Dan — Yea
Ortiz, Aaron M — Yea
Williams, Jawaharial — Yea
Ann M. Williams Democrat Yea
Dagmara Avelar Democrat Yea
Dave Vella Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Gregg Johnson Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Joyce Mason Democrat Yea
Kelly M. Cassidy Democrat Yea
Kevin John Olickal Democrat Yea
Lilian Jiménez Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Natalie A. Manley Democrat Yea
Thaddeus Jones Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Not Voting
Adam M. Niemerg Republican Yea
Blaine Wilhour Republican Yea
Brad Stephens Republican Yea
Bradley Fritts Republican Yea
Daniel J. Ugaste Republican Yea
Jason R. Bunting Republican Yea
Jennifer Sanalitro Republican Yea
Michael J. Coffey, Jr. Republican Yea
Tom Weber Republican Yea

Official roll call →

Subjects

public-safety healthcare labor
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Frequently asked questions

What does HB 5294 do?
Creates the Family Neonatal Intensive Care Leave Act. Provides that all employees shall be entitled to use a maximum of 10 days of unpaid neonatal intensive care leave while a child of the employee is a patient in a neonatal intensive care unit. Provides that an employer shall not require that an employee use leave the employee is entitled to under the Family Medical Leave Act instead of leave the employee is entitled to under the Act. Sets forth provisions concerning unlawful employer practices; Department of Labor responsibilities; and enforcement. Amends the State Finance Act to create the Neonatal Intensive Care Leave Fund.
Who sponsors HB 5294?
HB 5294 is sponsored by Joyce Mason (Democrat), Kevin John Olickal (Democrat), Gregg Johnson (Democrat), Maura Hirschauer (Democrat), Lilian Jiménez (Democrat), Katie Stuart (Democrat), Dagmara Avelar (Democrat), Mary Beth Canty (Democrat), Lindsey LaPointe (Democrat), Abdelnasser Rashid (Democrat), Kelly M. Cassidy (Democrat), Margaret Croke (Democrat), Nabeela Syed (Democrat), Robert "Bob" Rita (Democrat), Stephanie A. Kifowit (Democrat), Sue Scherer (Democrat), Maurice A. West, II (Democrat), Michael J. Coffey, Jr. (Republican), Brad Stephens (Republican), Cristina Castro (Democrat), Kimberly A. Lightford (Democrat), David Koehler (Democrat), Napoleon Harris III (Democrat), Ladisch Douglass, Nicole La Ha (Republican), Aarón M. Ortíz (Democrat), and Laura Faver Dias (Democrat).
What is the current status of HB 5294?
This bill died with 103rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 5294?
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