HB 4215

Abstract

Creates the Child Extended Bereavement Leave Act. Provides that the Act may be referred to as Zachary's Parent Protection Act. Provides that an employee of a large employer that employs 250 or more full-time employees is entitled to use a maximum of 26 weeks of unpaid leave if the employee experiences the loss of a child, 26 years of age or younger, by suicide. Provides that an employee of a small employer that employs at least 50 but fewer than 250 full-time employees is entitled to use a maximum of 12 weeks of unpaid leave if the employee experiences the loss of a child, 26 years of age or younger, by suicide. Provides that leave may be taken in a single continuous period or intermittently, but leave must be completed within one year after the employee notifies the employer of the loss. Permits an employer to require reasonable advance notice of the employee's intention to leave and reasonable documentation. Provides that an employee who takes leave under the Act is entitled to be restored to the position of employment held by the employee when the leave commenced or to be restored to an equivalent position. Provides that nothing in the Act shall be construed to entitle any restored employee the accrual of any seniority or employment benefits during any period of leave. Prohibits an employer from taking any adverse action against an employee who exercises his or her rights under the Act. Requires the Department of Labor to enforce the Act. Provides that a person who uses leave under either the Child Bereavement Leave Act or the Child Extended Bereavement Leave Act may not take leave under the other Act, and amends the Child Bereavement Leave Act accordingly. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes to the Child Extended Bereavement Leave Act: Redefines "child" to mean an employee's biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis (rather than an employee's biological or adopted child or legal ward who is 26 years of age or younger). Provides that an employee of a large employer is entitled to use a maximum of 12 (rather than 26) weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide (rather than by suicide). Provides that an employee of a small employer is entitled to use a maximum of 6 (rather than 12) weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide (rather than by suicide). Provides that leave may be taken in a single continuous period or intermittently in increments of no less than 4 hours, but leave must be completed within one year after the employee notifies the employer of the loss. Provides that the Act does not extend the maximum period of leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993 or under any other paid or unpaid leave provided under federal, State or local law, a collective bargaining agreement, or an employment benefits program or plan. Senate Floor Amendment No. 1 Deletes reference to: New Act 820 ILCS 154/35 new Adds reference to: 820 ILCS 180/10 820 ILCS 180/20 Replaces everything after the enacting clause. Amends the Victims' Economic Security and Safety Act. Defines "first responder". Provides that an employee may take unpaid leave from work for specified reasons relating to a family or household member who is killed in a crime of violence. Provides that an employee shall be entitled to a total of not more than 2 workweeks of unpaid leave for specified reasons relating to a family or household member who is killed in a crime of violence, which must be completed within 60 days after the death of the victim. Provides that unpaid leave time taken for these purposes shall be counted toward, and is not in addition to, other leave time the employee is entitled to under the Act and the Child Bereavement Leave Act. Senate Floor Amendment No. 2 Deletes reference to: 820 ILCS 180/10 Deletes the definition of "first responder". Deletes provision that the employee may take unpaid leave to attend the funeral or alternative to a funeral or wake of a first responder who died in the line of duty or as a result of a crime of violence.