Sen. Toi W. Hutchinson
Filed: 4/15/2013
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1 | AMENDMENT TO SENATE BILL 1190
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2 | AMENDMENT NO. ______. Amend Senate Bill 1190 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Illinois Family Care Provider Act. | ||||||
6 | Section 5. Findings and purpose. | ||||||
7 | (a) Findings. The General Assembly finds that: | ||||||
8 | (1) the number of households in Illinois in which | ||||||
9 | working grandparents have primary responsibility for the | ||||||
10 | care of grandchildren is significant; currently, almost | ||||||
11 | 100,000 grandparents are responsible for the care of | ||||||
12 | grandchildren living with them, and of these, 68% are under | ||||||
13 | the age of 60; | ||||||
14 | (2) in Illinois, over 230,000 children under the age of | ||||||
15 | 18 live in homes with grandparents as the householders;
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16 | (3) the number of households in which grandchildren |
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1 | have primary responsibility for the care of grandparents | ||||||
2 | and other family members is significant; in fact, | ||||||
3 | grandchildren comprise 8% of informal caregivers | ||||||
4 | nationally;
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5 | (4) it is important for the family unit that | ||||||
6 | grandparents and grandchildren be able to participate in | ||||||
7 | the care of family members who have serious health | ||||||
8 | conditions; and
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9 | (5) the lack of employment policies to accommodate | ||||||
10 | working caregivers, including employees caring for | ||||||
11 | grandchildren or grandparents, can force individuals to | ||||||
12 | choose between job security and caregiving | ||||||
13 | responsibilities.
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14 | (b) Purpose. It is the purpose of this Act that all | ||||||
15 | employers required to comply with the Family and Medical Leave | ||||||
16 | Act of 1993, 29 U.S.C. 2601, et seq., shall include | ||||||
17 | grandparents and grandchildren as "eligible employees" for | ||||||
18 | leave for the birth or adoption of a grandchild in order for a | ||||||
19 | grandparent to care for such grandchild; because of the | ||||||
20 | placement of a grandchild with the grandparent for adoption or | ||||||
21 | foster care; and in order for the grandparent to care for the | ||||||
22 | grandchild if such grandchild has a serious health condition or | ||||||
23 | the grandchild to care for the grandparent if such grandparent | ||||||
24 | has a serious health condition. | ||||||
25 | Section 10. Definitions. In this Act: |
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1 | "Eligible employee" has the meaning ascribed to that term | ||||||
2 | in the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et | ||||||
3 | seq. | ||||||
4 | "Employer" has the meaning ascribed to that term in the | ||||||
5 | Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.
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6 | "Grandparent" means a biological, adopted, or step | ||||||
7 | grandparent of an employee.
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8 | "Grandchild" means a biological, adopted, or step | ||||||
9 | grandchild of an employee. | ||||||
10 | "Serious health condition" has the meaning ascribed to that | ||||||
11 | term in the Family and Medical Leave Act of 1993, 29 U.S.C. | ||||||
12 | 2601 et seq. | ||||||
13 | Section 15. Family leave requirement. | ||||||
14 | (a) Subject to the conditions set forth in this Section, an | ||||||
15 | employee is entitled to receive and an employer shall provide | ||||||
16 | up to 12 weeks of unpaid family medical leave to an employee | ||||||
17 | during any 12-month period for one or more of the following: | ||||||
18 | the birth or adoption of a grandchild in order for the employee | ||||||
19 | to care for such grandchild; the placement of a grandchild with | ||||||
20 | the employee for adoption or foster care; or the employee to | ||||||
21 | care for a grandchild if such grandchild has a serious health | ||||||
22 | condition or the employee to care for a grandparent if the | ||||||
23 | grandparent has a serious health condition. | ||||||
24 | (b) An employee is not entitled to receive and an employer | ||||||
25 | is not required to provide more than 12 weeks of unpaid family |
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1 | medical leave in any 12-month period under this Act. For | ||||||
2 | purposes of this Act, unpaid family medical leave granted | ||||||
3 | pursuant to any other law shall be deemed to be unpaid family | ||||||
4 | medical leave granted under this Act. | ||||||
5 | Section 20. Notification. An employee must comply with the | ||||||
6 | employer's usual and customary procedural requirements for | ||||||
7 | giving notice of a request for leave, provided that those | ||||||
8 | notice requirements are consistent with the Family and Medical | ||||||
9 | Leave Act of 1993, 29 U.S.C. 2601 et seq. | ||||||
10 | Section 25. Certification. An employer may require that an | ||||||
11 | employee's leave to care for a grandchild or grandparent, with | ||||||
12 | a serious health condition, be supported by a certification | ||||||
13 | issued by the health care provider of the employee's grandchild | ||||||
14 | or grandparent. Certification under this Section shall comply | ||||||
15 | with the certification content and requirements provided in 29 | ||||||
16 | C.F.R. 825.305 et seq. | ||||||
17 | Section 30. Enforcement. A civil action may be brought in | ||||||
18 | the circuit court having jurisdiction by an employee to enforce | ||||||
19 | this Act. The circuit court may enjoin any act or practice that | ||||||
20 | violates or may violate this Act and may order any other | ||||||
21 | equitable relief that is necessary and appropriate to redress | ||||||
22 | the violation or to enforce this Act. |
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1 | Section 35. Refusal to pay damages. Any employer who has | ||||||
2 | been ordered by the court to pay damages under this Act is | ||||||
3 | liable for:
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4 | (1) damages equal to the amount of wages, salary, | ||||||
5 | employment benefits, public assistance, or other compensation | ||||||
6 | denied or lost to such individual by reason of the violation | ||||||
7 | and the interest on that amount calculated at the prevailing | ||||||
8 | rate;
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9 | (2) such equitable relief as may be appropriate, including | ||||||
10 | employment reinstatement and promotion; and
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11 | (3) reasonable attorney's fees, reasonable expert witness | ||||||
12 | fees, and other costs of the action to be paid by the | ||||||
13 | respondent to the prevailing employee.
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14 | Section 40. Interpretation. Except as otherwise provided | ||||||
15 | in this Act, all general requirements for leave, employment, | ||||||
16 | benefits, and other provisions shall be interpreted in a manner | ||||||
17 | consistent with the Family and Medical Leave Act of 1993, 29 | ||||||
18 | U.S.C. 2601 et seq. | ||||||
19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.".
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