HB 5208

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Full Text of HB5208
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	HB5208 - 104th General Assembly
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		HB5208 Engrossed		LRB104 19697 SPS 33146 b
1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. This Act may be referred to as the Zachary's
5Parent Protection Act.
6    Section 5. The Family Bereavement Leave Act is amended by
7changing Sections 1, 5, 10, 15, 20, 25, 30 and 35 and by adding
8Sections 3, 12, and 14 as follows:
9    (820 ILCS 154/1)
10    Sec. 1. Short title. This Act may be cited as the [Family]
11Bereavement Leave Act.
12(Source: P.A. 102-1050, eff. 1-1-23.)
13    (820 ILCS 154/3 new)
14    Sec. 3. Findings; legislative intent; construction. The 
15General Assembly finds and declares that:
16        (1) the General Assembly first enacted this Act as the 
17    Child Bereavement Leave Act through Public Act 99-703, 
18    effective July 29, 2016;
19        (2) the General Assembly broadened the protections 
20    provided in this Act through Public Act 102-1050, 
21    effective June 9, 2022, and renamed it the Family 
		HB5208 Engrossed	- 2 -	LRB104 19697 SPS 33146 b
1    Bereavement Leave Act;
2        (3) the General Assembly subsequently enacted the 
3    Child Extended Bereavement Leave Act as a separate Act 
4    through Public Act 103-466, effective August 4, 2023;
5        (4) these statutory protections for workers grieving 
6    the loss of a loved one were made possible by the efforts 
7    of parent advocates who championed their passage; and
8        (5) this Act, which may be cited as the Bereavement 
9    Leave Act, is established to provide for comprehensive and 
10    effective administration and enforcement of these 
11    statutory protections in a single Act.
12    (820 ILCS 154/5)
13    Sec. 5. Definitions. In this Act:
14    "Assisted reproduction" means a method of achieving a
15pregnancy through an artificial insemination or an embryo
16transfer and includes gamete and embryo donation. "Assisted
17reproduction" does not include any pregnancy achieved through
18sexual intercourse.
19    "Child" means an employee's child [son or daughter] who is a
20biological, adopted, or foster child, a stepchild, a legal
21ward, or a child of a person standing in loco parentis.
22    "Covered family member" means an employee's [child, ]
23[stepchild,] spouse, domestic partner, sibling, parent,
24mother-in-law, father-in-law, grandchild, grandparent, or
25stepparent.
		HB5208 Engrossed	- 3 -	LRB104 19697 SPS 33146 b
1    "Department" means the Department of Labor.
2    "Domestic partner", used with respect to an unmarried
3employee, includes:
4        (1) the person recognized as the domestic partner of
5    the employee under any domestic partnership or civil union
6    law of a state or political subdivision of a state; or
7        (2) an unmarried adult person who is in a committed,
8    personal relationship with the employee, who is not a
9    domestic partner as described in paragraph (1) to or in
10    such a relationship with any other person, and who is
11    designated to the employee's employer by such employee as
12    that employee's domestic partner.
13    ["Department" means the Department of Labor.]
14    "Employee" means any individual permitted to work by an 
15employer in an occupation. "Employee" does not include any 
16individual:
17        (1) who has been and will continue to be free from 
18    control and direction over the performance of the 
19    employee's work, both under the employee's contract of 
20    service with the employer and in fact;
21        (2) who performs work which is either outside the 
22    usual course of business or is performed outside all of 
23    the places of business of the employer unless the employer 
24    is in the business of contracting with third parties for 
25    the placement of employees; and
26        (3) who is in an independently established trade, 
		HB5208 Engrossed	- 4 -	LRB104 19697 SPS 33146 b
1    occupation, profession, or business [eligible employee, as ]
2    [defined by Section 101(2) of the federal Family and ]
3    [Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.)].
4    "Employer" means any individual, sole proprietor, 
5partnership, association, corporation, limited liability 
6company, business trust, or employment and labor placement 
7agency where wage payments are made directly or indirectly by 
8the business or agency for work undertaken by employees under 
9hire to a third party who employs at least one employee. 
10"Employer" includes the State or a unit of local government, 
11any political subdivision of the State or a unit of local 
12government, or any State or local government agency. 
13"Employer" does not include the federal government or an 
14agency of the federal government [employer, as defined by ]
15[Section 101(4) of the federal Family and Medical Leave Act of ]
16[1993 (29 U.S.C. 2601 et seq.)].
17    "Pregnancy or adoption related event" means: (i) a 
18miscarriage; (ii) an unsuccessful round of intrauterine 
19insemination or of an assisted reproductive technology 
20procedure; (iii) a failed adoption match or an adoption that 
21is not finalized because it is contested by another party; 
22(iv) a failed surrogacy agreement; (v) a diagnosis that 
23negatively impacts pregnancy or fertility; or (vi) a 
24stillbirth.
25(Source: P.A. 102-1050, eff. 1-1-23.)
		HB5208 Engrossed	- 5 -	LRB104 19697 SPS 33146 b
1    (820 ILCS 154/10)
2    Sec. 10. Family bereavement [Bereavement] leave.
3    (a) In addition to the bereavement leave afforded in 
4Sections 12 and 14, all [All] employees shall be entitled to use
5an amount [a maximum of 2 weeks (10 work days)] of unpaid
6bereavement leave to, in accordance with the time limits set 
7forth in subsection (a-5):
8        (1) attend the funeral or alternative to a funeral of
9    a covered family member;
10        (2) make arrangements necessitated by the death of the
11    covered family member;
12        (3) grieve the death of the covered family member; or
13        (4) be absent from work due to a pregnancy or adoption 
14    related event [(i) a miscarriage; (ii) an unsuccessful ]
15    [round of intrauterine insemination or of an assisted ]
16    [reproductive technology procedure; (iii) a failed adoption ]
17    [match or an adoption that is not finalized because it is ]
18    [contested by another party; (iv) a failed surrogacy ]
19    [agreement; (v) a diagnosis that negatively impacts ]
20    [pregnancy or fertility; or (vi) a stillbirth].
21    (a-5) An employee of an employer who employs fewer than 50 
22employees is entitled to use a maximum of 5 days of unpaid 
23bereavement leave provided for in subsection (a) during any 
2412-month period. An employee of an employer who employs 50 or 
25more employees is entitled to use a maximum of 10 days of 
26unpaid bereavement leave provided for in subsection (a) during 
		HB5208 Engrossed	- 6 -	LRB104 19697 SPS 33146 b
1any 12-month period.
2    (b) Bereavement leave under subsection (a) of this Section
3must be taken [completed] within 60 days after the date on which
4the employee receives notice of the death of the covered
5family member or the date on which an event listed under
6paragraph (4) of subsection (a) occurs. Bereavement leave 
7under this Section may be taken in a single continuous period 
8or intermittently in increments of no less than 4 hours.
9    (c) (Blank). [An employee shall provide the employer with ]
10[at least 48 hours' advance notice of the employee's intention ]
11[to take bereavement leave, unless providing such notice is not ]
12[reasonable and practicable.]
13    (d) (Blank). [An employer may, but is not required to, ]
14[require reasonable documentation. Documentation may include a ]
15[death certificate, a published obituary, or written ]
16[verification of death, burial, or memorial services from a ]
17[mortuary, funeral home, burial society, crematorium, religious ]
18[institution, or government agency. For leave resulting from an ]
19[event listed under paragraph (4) of subsection (a), reasonable ]
20[documentation shall include a form, to be provided by the ]
21[Department, to be filled out by a health care practitioner who ]
22[has treated the employee or the employee's spouse or domestic ]
23[partner, or surrogate, for an event listed under paragraph (4) ]
24[of subsection (a), or documentation from the adoption or ]
25[surrogacy organization that the employee worked with related ]
26[to an event listed under paragraph (4) of subsection (a), ]
		HB5208 Engrossed	- 7 -	LRB104 19697 SPS 33146 b
1[certifying that the employee or his or her spouse or domestic ]
2[partner has experienced an event listed under paragraph (4) of ]
3[subsection (a). The employer may not require that the employee ]
4[identify which category of event the leave pertains to as a ]
5[condition of exercising rights under this Act.]
6    (e) In the event of the death of more than one covered
7family member in a 12-month period, an employee is entitled to
8a maximum of [up to a total of] 6 weeks of bereavement leave
9during the 12-month period. [This Act does not create a right ]
10[for an employee to take unpaid leave that exceeds the unpaid ]
11[leave time allowed under, or is in addition to the unpaid leave ]
12[time permitted by, the federal Family and Medical Leave Act of ]
13[1993 (29 U.S.C. 2601 et seq.).]
14(Source: P.A. 102-1050, eff. 1-1-23.)
15    (820 ILCS 154/12 new)
16    Sec. 12. Child extended bereavement leave.
17    (a) In addition to the bereavement leave afforded under 
18Sections 10 and 14:
19        (1) An employee of an employer who employs fewer than 
20    50 employees is entitled to use a maximum of 3 workweeks of 
21    unpaid bereavement leave during any 12-month period if the 
22    employee experiences the loss of a child.
23        (2) An employee of an employer who employs 50 or more 
24    employees but fewer than 250 employees is entitled to use 
25    a maximum of 6 workweeks of unpaid bereavement leave 
		HB5208 Engrossed	- 8 -	LRB104 19697 SPS 33146 b
1    during any 12-month period if the employee experiences the 
2    loss of a child.
3        (3) An employee of an employer who employs 250 or more 
4    employees is entitled to use a maximum of 12 workweeks of 
5    unpaid bereavement leave during any 12-month period if the 
6    employee experiences the loss of a child.
7    (b) This Section does not apply to employees of the State, 
8except for employees who are not otherwise eligible for family 
9responsibility leave or a leave of absence without pay.
10    (c) Bereavement leave under this Section may be taken in a 
11single continuous period or intermittently in increments of no 
12less than 4 hours. Bereavement leave under this Section must 
13be taken within 12 months after the employee notifies the 
14employer of the loss covered under this Section.
15    (820 ILCS 154/14 new)
16    Sec. 14. General bereavement leave.
17    (a) In addition to the bereavement leave afforded in 
18Sections 10 and 12, all employees shall be entitled to use a 
19maximum of 3 days of unpaid bereavement leave during any 
2012-month period to:
21        (1) attend the funeral or alternative to a funeral of 
22    any person; or
23        (2) make arrangements necessitated by the death of any 
24    person.
25    (b) Bereavement leave under this Section may be taken in a 
		HB5208 Engrossed	- 9 -	LRB104 19697 SPS 33146 b
1single continuous period or intermittently in increments of no 
2less than 4 hours, but leave must be taken within 60 calendar 
3days after the employee notifies the employer of the loss 
4covered under this Section.
5    (c) If more than one death occurs that qualifies a person 
6to take leave under this Section during any 12-month period, 
7an employee is entitled to a maximum of 3 days of unpaid 
8bereavement leave during the 12-month period under this 
9Section.
10    (d) This Section does not apply to employees of the State, 
11except for employees who are otherwise not eligible for family 
12responsibility leave or a leave of absence without pay.
13    (820 ILCS 154/15)
14    Sec. 15. Existing leave usable for bereavement and family 
15reasons.
16    (a) An employee who is entitled to take paid or unpaid
17leave (including family, medical, sick, annual, personal, or
18similar leave) from employment, pursuant to federal, State, or
19local law, a collective bargaining agreement, or an employment
20benefits program or plan may elect to substitute any period of
21such leave for an equivalent period of leave provided under
22Section 10.
23    (b) The bereavement leave provided under this Act is in 
24addition to the unpaid leave time allowed under the federal 
25Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).
		HB5208 Engrossed	- 10 -	LRB104 19697 SPS 33146 b
1(Source: P.A. 99-703, eff. 7-29-16.)
2    (820 ILCS 154/20)
3    Sec. 20. Employer [Unlawful employer] practices.
4    (a) It is unlawful for any employer to take any adverse
5action against an employee because the employee (1) exercises
6rights or attempts to exercise rights under this Act, (2)
7opposes practices which such employee believes to be in
8violation of this Act, or (3) supports the exercise of rights
9of another under this Act.
10    Exercising rights under this Act includes using or 
11requesting to use bereavement leave under this Act, filing an
12action or instituting or causing to be instituted any
13proceeding under or related to this Act; providing or agreeing
14to provide any information in connection with any inquiry or
15proceeding relating to any right provided under this Act; or
16testifying to or agreeing to testify in any inquiry or
17proceeding relating to any right provided under this Act.
18    (b) An employer may require that an employee provide the 
19employer with at least 48 hours of advance notice of the 
20employee's intention to take bereavement leave, unless 
21providing the notice is not foreseeable, reasonable, and 
22practicable.
23    (c) An employer may, but is not required to, require 
24reasonable documentation for the use of any form of leave 
25afforded under this Act as follows:
		HB5208 Engrossed	- 11 -	LRB104 19697 SPS 33146 b
1        (1) For a leave event related to the death of a covered 
2    family member under paragraphs (1), (2), and (3) of 
3    subsection (a) of Section 10, reasonable documentation 
4    shall include a death certificate, a published obituary, 
5    or written verification of death, burial, or memorial 
6    services from a mortuary, funeral home, burial society, 
7    crematorium, religious institution, or government agency.
8        (2) For a leave event related to a pregnancy or 
9    adoption related event under paragraph (4) of subsection 
10    (a) of Section 10, reasonable documentation shall include 
11    a form, to be provided by the Department, to be filled out 
12    by a health care practitioner who has treated the employee 
13    or the employee's spouse or domestic partner, or 
14    surrogate, for an event listed under paragraph (4) of 
15    subsection (a) of Section 10, or documentation from the 
16    adoption or surrogacy organization that the employee 
17    worked with related to an event listed under paragraph (4) 
18    of subsection (a) of Section 10, certifying that the 
19    employee or the employee's spouse or domestic partner has 
20    experienced an event listed under paragraph (4) of 
21    subsection (a) of Section 10. The employer may not require 
22    that the employee identify which category of pregnancy or 
23    adoption related event the leave pertains to as a 
24    condition of exercising rights under this Act.
25        (3) For a leave event related to the death of a child 
26    under Section 12, reasonable documentation shall include a 
		HB5208 Engrossed	- 12 -	LRB104 19697 SPS 33146 b
1    death certificate, a published obituary, or written 
2    verification of death, burial, or memorial services from a 
3    mortuary, funeral home, burial society, crematorium, 
4    religious institution, or government agency.
5        (4) For a leave event related to the death of any other 
6    person under Section 14, reasonable documentation shall 
7    include a death certificate, a published obituary, or 
8    written verification of death, burial, or memorial 
9    services from a mortuary, funeral home, burial society, 
10    crematorium, religious institution, or government agency.
11(Source: P.A. 99-703, eff. 7-29-16.)
12    (820 ILCS 154/25)
13    Sec. 25. Department responsibilities.
14    (a) The Department shall administer and enforce this Act
15and adopt rules under the Illinois Administrative Procedure
16Act for the purpose of this Act. The Department shall review 
17complaints to determine whether there is cause for 
18investigation. The Department shall have the powers and the
19parties shall have the rights provided in the Illinois
20Administrative Procedure Act for contested cases. The
21Department shall have the power to conduct investigations in
22connection with the administration and enforcement of this
23Act, including the power to conduct depositions and discovery
24and to issue subpoenas. If the Department finds cause to
25believe that this Act has been violated, the Department shall
		HB5208 Engrossed	- 13 -	LRB104 19697 SPS 33146 b
1notify the parties in writing and the matter shall be referred
2to an Administrative Law Judge to schedule a formal hearing in
3accordance with hearing procedures established by rule.
4    (b) The Department is authorized to impose civil penalties
5prescribed in Section 30 in administrative proceedings that
6comply with the Illinois Administrative Procedure Act and to
7supervise the payment of the unpaid wages and damages owing to
8the employee or employees under this Act. The Department may
9bring any legal action necessary to recover the amount of
10unpaid wages, damages, and penalties, and the employer shall
11be required to pay the costs. Any sums recovered by the
12Department on behalf of an employee under this Act shall be
13paid to the employee or employees affected. However, 20% of
14any penalty collected from the employer for a violation of
15this Act shall be deposited into the Paid Leave for All Workers
16[Child Labor and Day and Temporary Labor Services Enforcement]
17Fund.
18    (c) The Attorney General may bring an action to enforce
19the collection of any civil penalty imposed under this Act.
20(Source: P.A. 104-2, eff. 6-16-25.)
21    (820 ILCS 154/30)
22    Sec. 30. Enforcement.
23    (a) Except as provided in subsection (c), an [An] employee
24who believes his or her rights under this Act or any rule
25adopted under this Act have been violated may, within 60 days
		HB5208 Engrossed	- 14 -	LRB104 19697 SPS 33146 b
1after the date of the last event constituting the alleged
2violation for which the action is brought, file a complaint
3with the Department or file a civil action.
4    (b) An employer that violates any provision of this Act or
5any rule adopted under this Act is subject to a civil penalty
6for each employee affected as follows:
7        (1) first offense, a civil penalty not to exceed $500;
8        (2) second or subsequent offense, a civil penalty not
9    to exceed $1,000.
10    (c) A civil action may be brought in the circuit court by
11an employee against an employer who employs 50 or more 
12employees to enforce this Act. The circuit court may enjoin
13any act or practice that violates or may violate this Act and
14may order any other equitable relief that is necessary and
15appropriate to redress the violation or to enforce the Act.
16(Source: P.A. 99-703, eff. 7-29-16.)
17    (820 ILCS 154/35)
18    Sec. 35. Use of other bereavement leave [Other law]. An 
19employee who uses unpaid bereavement leave under Section 10, 
2012, or 14 may not use unpaid bereavement leave under a 
21different Section for the death of the same person. [A person ]
22[who uses leave under the Child Extended Bereavement Leave Act ]
23[because of the death of a child may not take leave under this ]
24[Act because of the death of the same child.]
25(Source: P.A. 103-466, eff. 1-1-24.)
		HB5208 Engrossed	- 15 -	LRB104 19697 SPS 33146 b
1    (820 ILCS 156/Act rep.)
2    Section 10. The Child Extended Bereavement Leave Act is
3repealed.
4    Section 15. The Victims' Economic Security and Safety Act
5is amended by changing Section 20 as follows:
6    (820 ILCS 180/20)
7    Sec. 20. Entitlement to leave due to domestic violence,
8sexual violence, gender violence, or any other crime of
9violence.
10    (a) Leave requirement.
11        (1) Basis. An employee who is a victim of domestic
12    violence, sexual violence, gender violence, or any other
13    crime of violence or an employee who has a family or
14    household member who is a victim of domestic violence,
15    sexual violence, gender violence, or any other crime of
16    violence whose interests are not adverse to the employee
17    as it relates to the domestic violence, sexual violence,
18    gender violence, or any other crime of violence may take
19    unpaid leave from work if the employee or employee's
20    family or household member is experiencing an incident of
21    domestic violence, sexual violence, gender violence, or
22    any other crime of violence or to address domestic
23    violence, sexual violence, gender violence, or any other
		HB5208 Engrossed	- 16 -	LRB104 19697 SPS 33146 b
1    crime of violence by:
2            (A) seeking medical attention for, or recovering
3        from, physical or psychological injuries caused by
4        domestic violence, sexual violence, gender violence,
5        or any other crime of violence to the employee or the
6        employee's family or household member;
7            (B) obtaining services from a victim services
8        organization for the employee or the employee's family
9        or household member;
10            (C) obtaining psychological or other counseling
11        for the employee or the employee's family or household
12        member;
13            (D) participating in safety planning, temporarily
14        or permanently relocating, or taking other actions to
15        increase the safety of the employee or the employee's
16        family or household member from future domestic
17        violence, sexual violence, gender violence, or any
18        other crime of violence or ensure economic security;
19            (E) seeking legal assistance or remedies to ensure
20        the health and safety of the employee or the
21        employee's family or household member, including
22        preparing for or participating in any civil, criminal,
23        or military legal proceeding related to or derived
24        from domestic violence, sexual violence, gender
25        violence, or any other crime of violence;
26            (F) attending the funeral or alternative to a
		HB5208 Engrossed	- 17 -	LRB104 19697 SPS 33146 b
1        funeral or wake of a family or household member who is
2        killed in a crime of violence;
3            (G) making arrangements necessitated by the death
4        of a family or household member who is killed in a
5        crime of violence; or
6            (H) grieving the death of a family or household
7        member who is killed in a crime of violence.
8        (2) Period. Subject to subsection (c) and except as
9    provided in paragraph (4) of this subsection, an employee
10    working for an employer that employs at least 50 employees
11    shall be entitled to a total of 12 workweeks of leave
12    during any 12-month period. Subject to subsection (c) and
13    except as provided in paragraph (4) of this subsection, an
14    employee working for an employer that employs at least 15
15    but not more than 49 employees shall be entitled to a total
16    of 8 workweeks of leave during any 12-month period.
17    Subject to subsection (c) and except as provided in
18    paragraph (4) of this subsection, an employee working for
19    an employer that employs at least one but not more than 14
20    employees shall be entitled to a total of 4 workweeks of
21    leave during any 12-month period. The total number of
22    workweeks to which an employee is entitled shall not
23    decrease during the relevant 12-month period. This Act
24    does not create a right for an employee to take unpaid
25    leave that exceeds the unpaid leave time allowed under, or
26    is in addition to the unpaid leave time permitted by, the
		HB5208 Engrossed	- 18 -	LRB104 19697 SPS 33146 b
1    federal Family and Medical Leave Act of 1993 (29 U.S.C.
2    2601 et seq.).
3        (3) Schedule. Leave described in paragraph (1) may be
4    taken consecutively, intermittently, or on a reduced work
5    schedule.
6        (4) Exceptions. An employee shall be entitled to use a
7    cumulative total of not more than 2 workweeks (10 work
8    days) of unpaid leave for the purposes described in
9    subparagraph [subparagraphs] (F), (G), or (H) of paragraph
10    (1), which must be completed within 60 days after the date
11    on which the employee receives notice of the death of the
12    victim, and is subject to the following:
13            (A) Except as provided in paragraph [subparagraph]
14        (2), if an employee is also entitled to take [taken]
15        unpaid bereavement leave under the [Family] Bereavement
16        Leave Act as a result of the death of the victim, this
17        Act does not create a right for the employee to take
18        unpaid bereavement leave that exceeds, or is in
19        addition to, the unpaid bereavement leave the employee
20        is entitled to take under the [Family] Bereavement Leave
21        Act.
22            (B) If an employee is also entitled to take unpaid
23        bereavement leave under the [Family] Bereavement Leave
24        Act as a result of the death of the victim, leave taken
25        under this Act for the purposes described in
26        subparagraph [subparagraphs] (F), (G), or (H) of
		HB5208 Engrossed	- 19 -	LRB104 19697 SPS 33146 b
1        paragraph (1) or leave taken under the [Family]
2        Bereavement Leave Act shall be in addition to, and
3        shall not diminish, the total amount of leave time an
4        employee is entitled to under paragraph (2).
5            (C) If an employee is not entitled to unpaid
6        bereavement leave under the [Family] Bereavement Leave
7        Act as a result of the death of the victim, leave taken
8        for the purposes described in subparagraph
9        [subparagraphs] (F), (G), or (H) of paragraph (1) shall
10        be deducted from, and is not in addition to, the total
11        amount of leave time an employee is entitled to under
12        paragraph (2).
13            (D) Leave taken for the purposes described in
14        subparagraph [subparagraphs] (F), (G), or (H) of
15        paragraph (1) shall not otherwise limit or diminish
16        the total amount of leave time an employee is entitled
17        to take under paragraph (2).
18    (b) Notice. The employee shall provide the employer with
19at least 48 hours' advance notice of the employee's intention
20to take the leave, unless providing such notice is not
21practicable. When an unscheduled absence occurs, the employer
22may not take any action against the employee if the employee,
23upon request of the employer and within a reasonable period
24after the absence, provides certification under subsection
25(c).
26    (c) Certification.
		HB5208 Engrossed	- 20 -	LRB104 19697 SPS 33146 b
1        (1) In general. The employer may require the employee
2    to provide certification to the employer that:
3            (A) the employee or the employee's family or
4        household member is a victim of domestic violence,
5        sexual violence, gender violence, or any other crime
6        of violence; and
7            (B) the leave is for one of the purposes
8        enumerated in paragraph (1) of subsection (a) [(a)(1)].
9        The employee shall provide such certification to the
10    employer within a reasonable period after the employer
11    requests certification.
12        (2) Contents. An employee may satisfy the
13    certification requirement of paragraph (1) by providing to
14    the employer a sworn statement of the employee, and if the
15    employee has possession of such document, the employee
16    shall provide one of the following documents:
17            (A) documentation from an employee, agent, or
18        volunteer of a victim services organization, an
19        attorney, a member of the clergy, or a medical or other
20        professional from whom the employee or the employee's
21        family or household member has sought assistance in
22        addressing domestic violence, sexual violence, gender
23        violence, or any other crime of violence and the
24        effects of the violence;
25            (B) a police, court, or military record;
26            (B-5) a death certificate, published obituary, or
		HB5208 Engrossed	- 21 -	LRB104 19697 SPS 33146 b
1        written verification of death, burial, or memorial
2        services from a mortuary, funeral home, burial
3        society, crematorium, religious institution, or
4        government agency, documenting that a victim was
5        killed in a crime of violence; or
6            (C) other corroborating evidence.
7        The employee shall choose which document to submit,
8    and the employer shall not request or require more than
9    one document to be submitted during the same 12-month
10    period leave is requested or taken if the reason for leave
11    is related to the same incident or incidents of violence
12    or the same perpetrator or perpetrators of the violence.
13    (d) Confidentiality. All information provided to the
14employer pursuant to subsection (b) or (c), including a
15statement of the employee or any other documentation, record,
16or corroborating evidence, and the fact that the employee has
17requested or obtained leave pursuant to this Section, shall be
18retained in the strictest confidence by the employer, except
19to the extent that disclosure is:
20        (1) requested or consented to in writing by the
21    employee; or
22        (2) otherwise required by applicable federal or State
23    law.
24    (e) Employment and benefits.
25        (1) Restoration to position.
26            (A) In general. Any employee who takes leave under
		HB5208 Engrossed	- 22 -	LRB104 19697 SPS 33146 b
1        this Section for the intended purpose of the leave
2        shall be entitled, on return from such leave:
3                (i) to be restored by the employer to the
4            position of employment held by the employee when
5            the leave commenced; or
6                (ii) to be restored to an equivalent position
7            with equivalent employment benefits, pay, and
8            other terms and conditions of employment.
9            (B) Loss of benefits. The taking of leave under
10        this Section shall not result in the loss of any
11        employment benefit accrued prior to the date on which
12        the leave commenced.
13            (C) Limitations. Nothing in this subsection shall
14        be construed to entitle any restored employee to:
15                (i) the accrual of any seniority or employment
16            benefits during any period of leave; or
17                (ii) any right, benefit, or position of
18            employment other than any right, benefit, or
19            position to which the employee would have been
20            entitled had the employee not taken the leave.
21            (D) Construction. Nothing in this paragraph shall
22        be construed to prohibit an employer from requiring an
23        employee on leave under this Section to report
24        periodically to the employer on the status and
25        intention of the employee to return to work.
26        (2) Maintenance of health benefits.
		HB5208 Engrossed	- 23 -	LRB104 19697 SPS 33146 b
1            (A) Coverage. Except as provided in subparagraph
2        (B), during any period that an employee takes leave
3        under this Section, the employer shall maintain
4        coverage for the employee and any family or household
5        member under any group health plan for the duration of
6        such leave at the level and under the conditions
7        coverage would have been provided if the employee had
8        continued in employment continuously for the duration
9        of such leave.
10            (B) Failure to return from leave. The employer may
11        recover the premium that the employer paid for
12        maintaining coverage for the employee and the
13        employee's family or household member under such group
14        health plan during any period of leave under this
15        Section if:
16                (i) the employee fails to return from leave
17            under this Section after the period of leave to
18            which the employee is entitled has expired; and
19                (ii) the employee fails to return to work for
20            a reason other than:
21                    (I) the continuation, recurrence, or onset
22                of domestic violence, sexual violence, gender
23                violence, or any other crime of violence that
24                entitles the employee to leave pursuant to
25                this Section; or
26                    (II) other circumstances beyond the
		HB5208 Engrossed	- 24 -	LRB104 19697 SPS 33146 b
1                control of the employee.
2            (C) Certification.
3                (i) Issuance. An employer may require an
4            employee who claims that the employee is unable to
5            return to work because of a reason described in
6            subclause (I) or (II) of clause (ii) of
7            subparagraph (B) [(B)(ii)] to provide, within a
8            reasonable period after making the claim,
9            certification to the employer that the employee is
10            unable to return to work because of that reason.
11                (ii) Contents. An employee may satisfy the
12            certification requirement of clause (i) by
13            providing to the employer:
14                    (I) a sworn statement of the employee;
15                    (II) documentation from an employee,
16                agent, or volunteer of a victim services
17                organization, an attorney, a member of the
18                clergy, or a medical or other professional
19                from whom the employee has sought assistance
20                in addressing domestic violence, sexual
21                violence, gender violence, or any other crime
22                of violence and the effects of that violence;
23                    (III) a police, court, or military record;
24                or
25                    (IV) other corroborating evidence.
26            The employee shall choose which document to
		HB5208 Engrossed	- 25 -	LRB104 19697 SPS 33146 b
1        submit, and the employer shall not request or require
2        more than one document to be submitted.
3            (D) Confidentiality. All information provided to
4        the employer pursuant to subparagraph (C), including a
5        statement of the employee or any other documentation,
6        record, or corroborating evidence, and the fact that
7        the employee is not returning to work because of a
8        reason described in subclause (I) or (II) of clause 
9        (ii) of subparagraph (B) [(B)(ii)] shall be retained in
10        the strictest confidence by the employer, except to
11        the extent that disclosure is:
12                (i) requested or consented to in writing by
13            the employee; or
14                (ii) otherwise required by applicable federal
15            or State law.
16    (f) Prohibited acts.
17        (1) Interference with rights.
18            (A) Exercise of rights. It shall be unlawful for
19        any employer to interfere with, restrain, or deny the
20        exercise of or the attempt to exercise any right
21        provided under this Section.
22            (B) Employer discrimination. It shall be unlawful
23        for any employer to discharge or harass any
24        individual, or otherwise discriminate against any
25        individual with respect to compensation, terms,
26        conditions, or privileges of employment of the
		HB5208 Engrossed	- 26 -	LRB104 19697 SPS 33146 b
1        individual (including retaliation in any form or
2        manner) because the individual:
3                (i) exercised any right provided under this
4            Section; or
5                (ii) opposed any practice made unlawful by
6            this Section.
7            (C) Public agency sanctions. It shall be unlawful
8        for any public agency to deny, reduce, or terminate
9        the benefits of, otherwise sanction, or harass any
10        individual, or otherwise discriminate against any
11        individual with respect to the amount, terms, or
12        conditions of public assistance of the individual
13        (including retaliation in any form or manner) because
14        the individual:
15                (i) exercised any right provided under this
16            Section; or
17                (ii) opposed any practice made unlawful by
18            this Section.
19        (2) Interference with proceedings or inquiries. It
20    shall be unlawful for any person to discharge or in any
21    other manner discriminate (as described in subparagraph
22    (B) or (C) of paragraph (1)) against any individual
23    because such individual:
24            (A) has filed any charge, or has instituted or
25        caused to be instituted any proceeding, under or
26        related to this Section;
		HB5208 Engrossed	- 27 -	LRB104 19697 SPS 33146 b
1            (B) has given, or is about to give, any
2        information in connection with any inquiry or
3        proceeding relating to any right provided under this
4        Section; or
5            (C) has testified, or is about to testify, in any
6        inquiry or proceeding relating to any right provided
7        under this Section.
8(Source: P.A. 102-487, eff. 1-1-22; 102-890, eff. 5-19-22;
9103-314, eff. 1-1-24; revised 7-10-25.)
10    Section 20. The Child Labor Law of 2024 is amended by
11changing Section 75 as follows:
12    (820 ILCS 206/75)
13    Sec. 75. Civil penalties.
14    (a) Any person employing, allowing, or permitting a minor
15to work who violates any of the provisions of this Act or any
16rule adopted under the Act shall be subject to civil penalties
17as follows:
18        (1) if a minor dies while working for an employer who
19    is found by the Department to have been employing,
20    allowing, or permitting the minor to work in violation of
21    this Act, the employer is subject to a penalty not to
22    exceed $60,000, payable to the Department;
23        (2) if a minor receives an illness or an injury that is
24    required to be reported to the Department under Section 35
		HB5208 Engrossed	- 28 -	LRB104 19697 SPS 33146 b
1    while working for an employer who is found by the
2    Department to have been employing, allowing, or permitting
3    the minor to work in violation of this Act, the employer is
4    subject to a penalty not to exceed $30,000, payable to the
5    Department;
6        (3) an employer who employs, allows, or permits a
7    minor to work in violation of Section 40 shall be subject
8    to a penalty not to exceed $15,000, payable to the
9    Department;
10        (4) an employer who fails to post or provide the
11    required notice under subsection (g) of Section 35 shall
12    be subject to a penalty not to exceed $500, payable to the
13    Department; and
14        (5) an employer who commits any other violation of
15    this Act shall be subject to a penalty not to exceed
16    $10,000, payable to the Department.
17    In determining the amount of the penalty, the
18appropriateness of the penalty to the size of the business of
19the employer charged and the gravity of the violation shall be
20considered.
21    Each day during which any violation of this Act continues
22shall constitute a separate and distinct offense, and the
23employment of any minor in violation of the Act shall, with
24respect to each minor so employed, constitute a separate and
25distinct offense.
26    (b) Any administrative determination by the Department of
		HB5208 Engrossed	- 29 -	LRB104 19697 SPS 33146 b
1the amount of each penalty shall be final unless reviewed as
2provided in Section 70.
3    (c) The amount of the penalty, when finally determined,
4may be recovered in a civil action brought by the Director in
5any circuit court, in which litigation the Director shall be
6represented by the Attorney General. In an action brought by
7the Department, the Department may request, and the Court may
8impose on a defendant employer, an additional civil penalty of
9up to an amount equal to the penalties assessed by the
10Department to be distributed to an impacted minor. In an
11action concerning multiple minors, any such penalty imposed by
12the Court shall be distributed equally among the minors
13employed in violation of this Act by the defendant employer.
14    (d) Penalties recovered under this Section shall be paid
15by certified check, money order, or by an electronic payment
16system designated by the Department, and deposited into the
17Child Labor and Day and Temporary Labor Services Enforcement
18Fund, a special fund in the State treasury. Moneys in the Fund
19shall be used, subject to appropriation, for exemplary
20programs, demonstration projects, and other activities or
21purposes related to the enforcement of this Act, and for the
22activities or purposes related to the enforcement of the Day
23and Temporary Labor Services Act, the Private Employment
24Agency Act, [or] the Right to Privacy in the Workplace Act, [for ]
25[the activities or purposes related to the enforcement of] the
26Job Opportunities for Qualified Applicants Act, and [for the ]
		HB5208 Engrossed	- 30 -	LRB104 19697 SPS 33146 b
1[activities or purposes related to the enforcement of] the
2[Family] Bereavement Leave Act.
3(Source: P.A. 103-721, eff. 1-1-25; 104-2, eff. 6-16-25;
4104-455, eff. 12-12-25; revised 1-8-26.)