HB 5294

Abstract

Creates the Family Neonatal Intensive Care Leave Act. Provides that all 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 employer shall not require that an employee use leave the employee is entitled to under the Family Medical Leave Act instead of leave the employee is entitled to under the Act. Sets forth provisions concerning unlawful employer practices; Department of Labor responsibilities; and enforcement. Amends the State Finance Act to create the Neonatal Intensive Care Leave Fund. House Floor Amendment No. 4 Replaces everything after the enacting clause. 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.