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| Public Act 099-0703 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Child | ||||
Bereavement Leave Act. | ||||
Section 5. Definitions. 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" means eligible employee, as defined by Section | ||||
101(2) of the federal Family and Medical Leave Act of 1993 (29 | ||||
U.S.C. 2601 et seq.). | ||||
"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.). | ||||
Section 10. Bereavement Leave. | ||||
(a) All employees shall be entitled to use a maximum of 2 | ||||
weeks (10 work days) of unpaid bereavement leave to: | ||||
(1) attend the funeral or alternative to a funeral of a | ||||
child; | ||||
(2) make arrangements necessitated by the death of the | ||||
child; or | ||
(3) grieve the death of the child.
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(b) Bereavement leave under subsection (a) of this Section | ||
must be completed within 60 days after the date on which the | ||
employee receives notice of the death of the child. | ||
(c) An employee shall provide the employer with at least 48 | ||
hours' advance notice of the employee's intention to take | ||
bereavement leave, unless providing such notice is not | ||
reasonable and practicable. | ||
(d) An employer may require reasonable documentation. | ||
Documentation may include a death certificate, a published | ||
obituary, or written verification of death, burial, or memorial | ||
services from a mortuary, funeral home, burial society, | ||
crematorium, religious institution, or government agency. | ||
(e) In the event of the death of more than one child in a | ||
12-month period, an employee is entitled to up to a total of 6 | ||
weeks of bereavement leave during the 12-month period. This Act | ||
does not
create a right for an employee to take unpaid leave | ||
that exceeds the unpaid leave time allowed under, or is in | ||
addition to the unpaid leave time permitted by, the federal | ||
Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.). | ||
Section 15. Existing leave usable for bereavement. An | ||
employee who is entitled to take paid or unpaid leave | ||
(including family, medical, sick, annual, personal, or similar | ||
leave) from employment, pursuant to federal, State, or local | ||
law, a collective bargaining agreement, or an employment | ||
benefits program or plan may elect to substitute any period of | ||
such leave for an equivalent period of leave provided under | ||
Section 10. | ||
Section 20. Unlawful employer practices. 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. | ||
Exercising rights under this Act includes 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 25. 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 30 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. 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 Child Bereavement 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 30. 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 as follows: | ||
(1) first offense, a civil penalty not to exceed $500; | ||
(2) second or subsequent offense, a civil penalty not | ||
to exceed $1,000. | ||
(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 95. The State Finance Act is amended by adding | ||
Section 5.875 as follows: | ||
(30 ILCS 105/5.875 new) | ||
Sec. 5.875. The Child Bereavement Fund.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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