NEW CHILD BONDING LEAVE ACT

Illinois General Assembly - Full Text of HB4856

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4856

Introduced , by Rep. Janet Yang Rohr

SYNOPSIS AS INTRODUCED:

New Act

Creates the New Child Bonding Leave Act. Provides that an employee who
has gained custody of a child within the previous 4 weeks, either through
birth, adoption, foster care placement, or otherwise, is entitled to 12
weeks of unpaid leave. Provides that an employer shall not require that an
employee use any paid leave available to the employee for any reason
instead of leave the employee is entitled to under the Act. Provides that,
upon the conclusion of leave taken under the Act, an employee shall be
reinstated to the employee's former position or a substantially equivalent
one with no loss of benefits held or accrued prior to taking leave. Allows
an employer to require an employee submit documentation to demonstrate
that they are entitled to leave under the Act. Sets forth provisions
concerning unlawful employer practices; Department of Labor
responsibilities; and enforcement of the Act.
LRB104 20506 SPS 33979 b

A BILL FOR

HB4856
LRB104 20506 SPS 33979 b
1

AN ACT concerning employment.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
New
5
Child Bonding Leave Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Child" means an employee's son or daughter who is a
8
biological, adopted, or foster child, a stepchild, a legal
9
ward, or a child of a person standing in loco parentis.
10

"Department" means the Department of Labor.
11

"Employee" has the meaning set forth in Section 2 of the
12
Illinois Wage Payment and Collection Act and also includes any
13
employee of the State of Illinois.
14

"Employer" has the meaning set forth in Section 2 of the
15
Illinois Wage Payment and Collection Act and also includes the
16
State of Illinois.
17

"FMLA leave" means leave an employee is entitled to under
18
the Family and Medical Leave Act of 1993.

19

Section 10.
New child bonding leave.
20

(a) An employee who has gained custody of a child within
21
the previous 4 weeks, either through birth, adoption, foster
22
care placement, or otherwise, is entitled to unpaid leave as

HB4856
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LRB104 20506 SPS 33979 b
1
follows:
2

(1) an employee who is entitled to FMLA leave and has
3

exhausted all available FMLA leave is entitled to 12 weeks
4

of leave;
5

(2) an employee who is entitled to FMLA leave and has
6

not exhausted all available FMLA leave is entitled to 12
7

weeks of leave that shall run concurrently with any
8

remaining period of FMLA leave; and
9

(3) an employee who is not entitled to FMLA leave is
10

entitled to 12 weeks of leave.
11

(b) An employer shall not require that an employee use any
12
paid leave available to the employee for any reason instead of
13
leave the employee is entitled to under this Act. An employee
14
who is entitled to take paid or unpaid leave, including
15
family, medical, sick, annual, personal, or similar leave,
16
from employment, under federal, State, or local law, a
17
collective bargaining agreement, or an employment benefits
18
program or plan, may elect to substitute any period of leave
19
for an equivalent period of leave provided under this Act.
20

(c) Leave may be taken continually or intermittently at
21
the employee's selection. An employer may require that leave
22
be taken in minimum increments of not less than 2 hours in
23
duration.
24

(d) Upon the conclusion of leave taken under this Act, an
25
employee shall be reinstated to the employee's former position
26
or a substantially equivalent one with no loss of benefits

HB4856
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LRB104 20506 SPS 33979 b
1
held or accrued prior to taking leave. During the period of
2
leave, any health insurance benefits shall be maintained by an
3
employer as if an employee had not taken leave. An employer
4
shall not require an employee who uses leave to provide a
5
replacement worker.
6

(e) An employer may require an employee to submit
7
documentation to demonstrate that the employee is entitled to
8
leave under this Act.

9

Section 15.
Unlawful employer practices.
10

(a) It is unlawful for any employer to take any adverse
11
action against an employee because the employee:
12

(1) exercises rights or attempts to exercise rights
13

under this Act;
14

(2) opposes practices that the employee believes to be
15

in violation of this Act; or
16

(3) supports the exercise of rights of another under
17

this Act.
18

(b) Exercising rights under this Act includes, but is not
19
limited to, filing an action or instituting or causing to be
20
instituted any proceeding under or related to this Act,
21
providing or agreeing to provide any information in connection
22
with any inquiry or proceeding relating to any right provided
23
under this Act, or testifying to or agreeing to testify in any
24
inquiry or proceeding relating to any right provided under
25
this Act.

HB4856
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LRB104 20506 SPS 33979 b
1

Section 20.
Department responsibilities.
2

(a) The Department shall administer and enforce this Act
3
and adopt rules under the Illinois Administrative Procedure
4
Act for the purpose of this Act. The Department has the powers
5
and the parties have the rights provided in the Illinois
6
Administrative Procedure Act for contested cases. The
7
Department shall have the power to conduct investigations in
8
connection with the administration and enforcement of this
9
Act, including the power to conduct depositions and discovery
10
and to issue subpoenas. If the Department finds cause to
11
believe that this Act has been violated, the Department shall
12
notify the parties in writing and the matter shall be referred
13
to an administrative law judge to schedule a formal hearing in
14
accordance with hearing procedures established by rule.
15

(b) The Department is authorized to impose civil penalties
16
prescribed in Section 25 in administrative proceedings that
17
comply with the Illinois Administrative Procedure Act and to
18
supervise the payment of the unpaid wages and damages owing to
19
the employee or employees under this Act. The Department may
20
bring any legal action necessary to recover the amount of
21
unpaid wages, damages, and penalties, and the employer shall
22
be required to pay the costs. Any sums recovered by the
23
Department on behalf of an employee under this Act shall be
24
paid to the employee or employees affected.

HB4856
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LRB104 20506 SPS 33979 b
1

Section 25.
Enforcement.
2

(a) An employee who believes the employee's rights under
3
this Act or any rule adopted under this Act have been violated
4
may, within 60 days after the date of the last event
5
constituting the alleged violation for which the action is
6
brought, file a complaint with the Department or file a civil
7
action.
8

(b) An employer that violates any provision of this Act or
9
any rule adopted under this Act is subject to a civil penalty
10
for each employee affected not to exceed $5,000.
11

(c) A civil action may be brought in the circuit court by
12
an employee to enforce this Act. The circuit court may enjoin
13
any act or practice that violates or may violate this Act and
14
may order any other equitable relief that is necessary and
15
appropriate to redress the violation or to enforce this Act.

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