HB 374 — FAMILY & MEDICAL LEAVE ACT

*LRB09505244WGH25321b* HB0374 95THEngrossed GENERALLRB095 ASSEMBLY05244 StateWGH of25321 Illinoisb andAN 2008ACT HB0374concerning Introducedemployment. 1/26/2007, by Rep.

Jack D.

Franks SYNOPSIS AS INTRODUCED:

New Act Creates the Illinois Family and Medical Leave Act.

Contains provisions similar to those in the federal Family and Medical Leave Act of 1993, except that it applies to a son-in-law, daughter-in-law, father-in-law, or mother-in-law who has a serious health condition, and some of the provisions of the federal law pertaining to federal employees and federal law.ers have been deleted or changed.

Effective 6 months after becoming LRB095 05244 WGH 25321 b A BILL FOR HB0374 LRB095 05244 WGH 25321 b AN ACT concerning employment.

HB0374 Engrossed - 2 - LRB095 05244 WGH 25321 b (5) due to the nature of the roles of men and women in our society, the primary responsibility for family caretaking often falls on women, and such responsibility affects the working lives of women more than it affects the working lives of men;

(4) to accomplish the purposes described in paragraphs (1) and (2) in a manner that, consistent with the Equal Protection Clause of the Fourteenth Amendment, minimizes the potential for employment discrimination on the basis of HB0374 Engrossed - 3 - LRB095 05244 WGH 25321 b sex by ensuring generally that leave is available for eligible medical reasons (including maternity-related disability) and for compelling family reasons, on a gender-neutral basis;

or (ii) any employee of an employer who is employed at a work site at which such employer employs less than 50 employees if the total number of employees employed by that employer within 75 miles of that work site is less HB0374 Engrossed - 4 - LRB095 05244 WGH 25321 b than 50.

HB0374 Engrossed - 5 - LRB095 05244 WGH 25321 b (5) Employment benefits.

The term "Director" means the Director of HB0374 Engrossed - 6 - LRB095 05244 WGH 25321 b Labor.

(B) Because of the placement of a son or daughter HB0374 Engrossed - 7 - LRB095 05244 WGH 25321 b with the employee for adoption or foster care.

The taking of leave intermittently or on a reduced leave HB0374 Engrossed - 8 - LRB095 05244 WGH 25321 b schedule pursuant to this paragraph shall not result in a reduction in the total amount of leave to which the employee is entitled under subsection (a) beyond the amount of leave actually taken.

If an employer provides paid leave for fewer than 12 workweeks, the additional weeks of leave necessary to attain the 12 workweeks of leave required HB0374 Engrossed - 9 - LRB095 05244 WGH 25321 b under this Article may be provided without compensation.

In any case in which the necessity for leave under subparagraph (A) or (B) of subsection (a)(1) is foreseeable based on an expected birth or placement, the employee shall provide the employer with not less than 30 days’ notice, before the date the leave is HB0374 Engrossed - 10 - LRB095 05244 WGH 25321 b to begin, of the employee’s intention to take leave under such subparagraph, except that if the date of the birth or placement requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.

In any case in which a husband and wife entitled to leave under subsection (a) are employed by the same employer, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12-month period, if such leave is HB0374 Engrossed - 11 - LRB095 05244 WGH 25321 b taken:

(4)(A) for purposes of leave under Section 102(a)(1)(C), a statement that the eligible employee is needed to care for the son, daughter, spouse, parent, son-in-law, daughter-in-law, father-in-law, or HB0374 Engrossed - 12 - LRB095 05244 WGH 25321 b mother-in-law and an estimate of the amount of time that such employee is needed to care for the son, daughter, spouse, parent, son-in-law, daughter-in-law, father-in-law, or mother-in-law;

HB0374 Engrossed - 13 - LRB095 05244 WGH 25321 b (c) Second opinion.

The employer may require HB0374 Engrossed - 14 - LRB095 05244 WGH 25321 b that the eligible employee obtain subsequent recertifications on a reasonable basis.

HB0374 Engrossed - 15 - LRB095 05244 WGH 25321 b (4) Certification.

(B) the employer notifies the employee of the intent of the employer to deny restoration on such basis at the time the employer determines that such HB0374 Engrossed - 16 - LRB095 05244 WGH 25321 b injury would occur;

and HB0374 Engrossed - 17 - LRB095 05244 WGH 25321 b (B) the employee fails to return to work for a reason other than:

The employee shall provide, in a timely HB0374 Engrossed - 18 - LRB095 05244 WGH 25321 b manner, a copy of such certification to the employer.

It shall be unlawful for any HB0374 Engrossed - 19 - LRB095 05244 WGH 25321 b employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this Article.

(c) Required submissions generally limited to an annual HB0374 Engrossed - 20 - LRB095 05244 WGH 25321 b basis.

or (II) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum HB0374 Engrossed - 21 - LRB095 05244 WGH 25321 b equal to 12 weeks of wages or salary for the employee;

An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any employer (including a public agency) in the circuit court by any one or more employees HB0374 Engrossed - 22 - LRB095 05244 WGH 25321 b for and in behalf of:

HB0374 Engrossed - 23 - LRB095 05244 WGH 25321 b (1) Administrative action.

In determining when an action is commenced by the Director under this Section for the purposes of this subsection, it shall be considered to be HB0374 Engrossed - 24 - LRB095 05244 WGH 25321 b commenced on the date when the complaint is filed.

and (B) any private elementary or secondary school and HB0374 Engrossed - 25 - LRB095 05244 WGH 25321 b an eligible employee of the school.

Subject to paragraph (2), in any case in which an eligible employee employed principally in an instructional capacity by any such educational agency or school requests leave under subparagraph (C) or (D) of Section 102(a)(1) that is foreseeable based on planned medical treatment and the employee would be on leave for greater than 20 percent of the total number of working days HB0374 Engrossed - 26 - LRB095 05244 WGH 25321 b in the period during which the leave would extend, the agency or school may require that such employee elect either:

If the eligible employee begins leave under Section 102 more than 5 weeks prior to the end of the academic term, the HB0374 Engrossed - 27 - LRB095 05244 WGH 25321 b agency or school may require the employee to continue taking leave until the end of such term, if:

For purposes of determinations under Section 104(a)(1)(B) (relating to the restoration of an eligible employee to an equivalent position), in the case of a local educational agency HB0374 Engrossed - 28 - LRB095 05244 WGH 25321 b or a private elementary or secondary school, such determination shall be made on the basis of established school board policies and practices, private school policies and practices, and collective bargaining agreements.

HB0374 Engrossed - 29 - LRB095 05244 WGH 25321 b ARTICLE II.

HB0374 Engrossed - 30 - LRB095 05244 WGH 25321 b Section 403.