SB 2034

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 12 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide. 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 6 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide. 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. 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. 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. 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. Senate Floor Amendment No. 1 Provides that after concluding its investigation concerning the administration and enforcement of the Act, the Director of Labor shall notify all parties of the determination. Provides that the Director shall issue a notice of violation when the investigation has established that a violation of any part of the Act occurred or is occurring. Provides that the Department of Labor shall serve notice on the parties by certified U.S. mail, postage prepaid, return receipt requested, addressed to the last known address of the parties. Provides that within 20 days after the date of service, a party may request a hearing by certified mail or personal delivery to the Department. Provides that an employee who believes his or her rights under the Act have been violated may, within one year (rather than 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. In the definition of "employee" removes a provision that excludes a salaried employee who is among the highest paid 10% of the employees employed by the employer. House Floor Amendment No. 1 Provides that the "Employee" does not include full-time employees of the State of Illinois, except for those employees who are not otherwise eligible for family responsibility leave or a leave of absence without pay.