Bill Text: IL HB5294 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Provides that the State of Illinois is considered an employer under the provisions of the Family Neonatal Intensive Care Leave Act. Provides that an employee of an employer with 16 or more employees and no more than 50 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 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. Provides that an employee of an employer with 50 or fewer 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 and an employee of an employer with more than 51 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. Provides that an employer shall not require an employee who uses unpaid neonatal intensive care leave to provide a replacement worker. Provides that 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 the Act. Provides that, upon the conclusion of leave taken under the 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. Provides that, during the period of leave, any health insurance benefits shall be maintained by an employer as if an employee had not taken leave. Provides that an employer may require reasonable verification of the employee's child's length of stay in a neonatal intensive care unit. Makes changes to provisions concerning enforcement of the Act. Makes changes to the definitions of "employee" and "employer". Makes other changes.

Spectrum: Moderate Partisan Bill (Democrat 21-3)

Status: (Engrossed) 2024-04-24 - Referred to Assignments [HB5294 Detail]

Download: Illinois-2023-HB5294-Engrossed.html

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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
Neonatal Intensive Care Leave Act.
Section 5. Definitions. As used in this Act:
"Child" means an employee's son or daughter who is a
biological, adopted, or foster child, a stepchild, a legal
ward, or a child of a person standing in loco parentis.
"Department" means the Department of Labor.
"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.
"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.
"Neonatal intensive care unit" or "NICU" means a special
care unit that provides medical treatment to premature and
critically ill infants.
Section 10. Neonatal intensive care family leave.
(a) An employee of an employer with 16 or more employees
and no more than 50 employees shall be entitled to use a

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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. 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.

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(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.
Section 15. Unlawful employer practices.
(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.
(b) Exercising rights under this Act includes, but is not

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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.
Section 20. Department responsibilities.
(a) The Department shall administer and enforce this Act
and adopt rules under the Illinois Administrative Procedure
Act for the purpose of this Act. The Department shall have the
powers and the parties shall have the rights provided in the
Illinois Administrative Procedure Act for contested cases. The
Department shall have the power to conduct investigations in
connection with the administration and enforcement of this
Act, including the power to conduct depositions and discovery
and to issue subpoenas. If the Department finds cause to
believe that this Act has been violated, the Department shall
notify the parties in writing and the matter shall be referred
to an administrative law judge to schedule a formal hearing in
accordance with hearing procedures established by rule.
(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

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the employee or employees under this Act. The Department may
bring any legal action necessary to recover the amount of
unpaid wages, damages, and penalties, and the employer shall
be required to pay the costs. Any sums recovered by the
Department on behalf of an employee under this Act shall be
paid to the employee or employees affected. However, 20% of
any penalty collected from the employer for a violation of
this Act shall be deposited into the Neonatal Intensive Care
Leave Fund, a special fund created in the State treasury, and
used for the enforcement of this Act.
(c) The Attorney General may bring an action to enforce
the collection of any civil penalty imposed under this Act.
Section 25. Enforcement.
(a) An employee who believes his or her rights under this
Act or any rule adopted under this Act have been violated may,
within 60 days after the date of the last event constituting
the alleged violation for which the action is brought, file a
complaint with the Department or file a civil action.
(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. 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.

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(c) A civil action may be brought in the circuit court by
an employee to enforce this Act. The circuit court may enjoin
any act or practice that violates or may violate this Act and
may order any other equitable relief that is necessary and
appropriate to redress the violation or to enforce the Act.
Section 90. The State Finance Act is amended by adding
Section 5.1015 as follows: