SB 3120

Abstract

Creates the Illinois Support Through Loss Act. Requires an employer to grant to each employee 24 hours of paid leave time on the employee's first workday of each calendar year. Provides that the employee shall use the paid leave time as needed during that calendar year for either (i) an absence resulting from a pregnancy loss; an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure; a failed adoption match or an adoption that is not finalized because it is contested by another party; a failed surrogacy arrangement; or a diagnosis or event that impacts pregnancy or fertility; or (ii) an absence to care for a spouse or domestic partner who experiences a circumstance described in item (i). Requires paid leave time to be provided upon the oral or written request of an employee. Provides that any paid leave time granted shall not carry over from one calendar year to the next. Provides that any employer with a paid leave policy that is sufficient to meet the requirements of the Act shall not be required to grant an employee additional paid leave time in accordance with the Act. Prohibits an employer from requiring the employee to find a replacement employee to cover the hours during which the employee is using paid leave time. Provides that an employer is not required to provide an employee with reimbursement for granted paid leave time that has not been used. Prohibits an employer from retaliating against an employee who uses paid leave time or files a complaint alleging a violation of the Act. Exempts from the requirements of the Act an employer who is subject to the Railway Labor Act, the Railroad Unemployment Insurance Act, the Federal Employers' Liability Act, or other comparable federal law. Provides that the Director of Labor shall administer and enforce the Act. Grants an employee the right to bring an action to recover damages. Grants the Department of Labor rulemaking authority. Senate Committee Amendment No. 3 Deletes reference to: New Act Adds reference to: 820 ILCS 154/1 820 ILCS 154/5 820 ILCS 154/10 Replaces everything after the enacting clause. Amends the Child Bereavement Leave Act. Changes the name of the Act to the Family Bereavement Leave Act. Provides that all employees shall be entitled to use a maximum of 2 weeks (10 work days) of unpaid bereavement leave to be absent from work due to (i) a miscarriage; (ii) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure; (iii) a failed adoption match or an adoption that is not finalized because it is contested by another party; (iv) a failed surrogacy agreement; (v) a diagnosis that negatively impacts pregnancy or fertility; or (vi) a stillbirth. Provides that the employer may not require that the employee identify which category of event the leave pertains to as a condition of exercising rights under the Act. Changes references from "child" to "covered family members". Defines terms.