BEREAVEMENT LEAVE ACT

Illinois General Assembly - 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,
3
represented in the General Assembly:

4

Section 1.
This Act may be referred to as the Zachary's
5
Parent Protection Act.

6

Section 5.
The Family Bereavement Leave Act is amended by
7
changing Sections 1, 5, 10, 15, 20, 25, 30 and 35 and by adding
8
Sections 3, 12, and 14 as follows:

9

(820 ILCS 154/1)
10

Sec. 1.
Short title.
This Act may be cited as the
Family

11
Bereavement 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
15
General 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
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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
15
pregnancy through an artificial insemination or an embryo
16
transfer and includes gamete and embryo donation. "Assisted
17
reproduction" does not include any pregnancy achieved through
18
sexual intercourse.
19

"Child" means an employee's
child

son or daughter
who is a
20
biological, adopted, or foster child, a stepchild, a legal
21
ward, 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,
24
mother-in-law, father-in-law, grandchild, grandparent, or
25
stepparent.

HB5208 Engrossed
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LRB104 19697 SPS 33146 b
1

"Department" means the Department of Labor.
2

"Domestic partner", used with respect to an unmarried
3
employee, 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
15
employer in an occupation. "Employee" does not include any
16
individual:
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
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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,
5
partnership, association, corporation, limited liability
6
company, business trust, or employment and labor placement
7
agency where wage payments are made directly or indirectly by
8
the business or agency for work undertaken by employees under
9
hire to a third party who employs at least one employee.
10
"Employer" includes the State or a unit of local government,
11
any political subdivision of the State or a unit of local
12
government, or any State or local government agency.
13
"Employer" does not include the federal government or an
14
agency 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
18
miscarriage; (ii) an unsuccessful round of intrauterine
19
insemination or of an assisted reproductive technology
20
procedure; (iii) a failed adoption match or an adoption that
21
is not finalized because it is contested by another party;
22
(iv) a failed surrogacy agreement; (v) a diagnosis that
23
negatively impacts pregnancy or fertility; or (vi) a
24
stillbirth.

25
(Source: P.A. 102-1050, eff. 1-1-23
.)

HB5208 Engrossed
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1

(820 ILCS 154/10)
2

Sec. 10.
Family bereavement

Bereavement
leave.
3

(a)
In addition to the bereavement leave afforded in
4
Sections 12 and 14, all

All
employees shall be entitled to use
5
an amount

a maximum of 2 weeks (10 work days)
of unpaid
6
bereavement leave to
, in accordance with the time limits set
7
forth 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
22
employees is entitled to use a maximum of 5 days of unpaid
23
bereavement leave provided for in subsection (a) during any
24
12-month period. An employee of an employer who employs 50 or
25
more employees is entitled to use a maximum of 10 days of
26
unpaid bereavement leave provided for in subsection (a) during

HB5208 Engrossed
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LRB104 19697 SPS 33146 b
1
any 12-month period.
2

(b) Bereavement leave under subsection (a) of this Section
3
must be
taken

completed
within 60 days after the date on which
4
the employee receives notice of the death of the covered
5
family member or the date on which an event listed under
6
paragraph (4) of subsection (a) occurs.
Bereavement leave
7
under this Section may be taken in a single continuous period
8
or 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
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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
7
family member in a 12-month period, an employee is entitled to
8
a maximum of

up to a total of
6 weeks of bereavement leave
9
during 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
18
Sections 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
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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,
8
except for employees who are not otherwise eligible for family
9
responsibility leave or a leave of absence without pay.
10

(c) Bereavement leave under this Section may be taken in a
11
single continuous period or intermittently in increments of no
12
less than 4 hours. Bereavement leave under this Section must
13
be taken within 12 months after the employee notifies the
14
employer 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
18
Sections 10 and 12, all employees shall be entitled to use a
19
maximum of 3 days of unpaid bereavement leave during any
20
12-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
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LRB104 19697 SPS 33146 b
1
single continuous period or intermittently in increments of no
2
less than 4 hours, but leave must be taken within 60 calendar
3
days after the employee notifies the employer of the loss
4
covered under this Section.
5

(c) If more than one death occurs that qualifies a person
6
to take leave under this Section during any 12-month period,
7
an employee is entitled to a maximum of 3 days of unpaid
8
bereavement leave during the 12-month period under this
9
Section.

10

(d) This Section does not apply to employees of the State,
11
except for employees who are otherwise not eligible for family
12
responsibility leave or a leave of absence without pay.

13

(820 ILCS 154/15)
14

Sec. 15.
Existing leave usable for bereavement
and family
15
reasons
.

16

(a)
An employee who is entitled to take paid or unpaid
17
leave (including family, medical, sick, annual, personal, or
18
similar leave) from employment, pursuant to federal, State, or
19
local law, a collective bargaining agreement, or an employment
20
benefits program or plan may elect to substitute any period of
21
such leave for an equivalent period of leave provided under
22
Section 10.
23

(b) The bereavement leave provided under this Act is in
24
addition to the unpaid leave time allowed under the federal
25
Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).

HB5208 Engrossed
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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
5
action against an employee because the employee (1) exercises
6
rights or attempts to exercise rights under this Act, (2)
7
opposes practices which such employee believes to be in
8
violation of this Act, or (3) supports the exercise of rights
9
of another under this Act.
10

Exercising rights under this Act includes
using or
11
requesting to use bereavement leave under this Act,
filing an
12
action or instituting or causing to be instituted any
13
proceeding under or related to this Act; providing or agreeing
14
to provide any information in connection with any inquiry or
15
proceeding relating to any right provided under this Act; or
16
testifying to or agreeing to testify in any inquiry or
17
proceeding relating to any right provided under this Act.
18

(b) An employer may require that an employee provide the
19
employer with at least 48 hours of advance notice of the
20
employee's intention to take bereavement leave, unless
21
providing the notice is not foreseeable, reasonable, and
22
practicable.
23

(c) An employer may, but is not required to, require
24
reasonable documentation for the use of any form of leave
25
afforded under this Act as follows:

HB5208 Engrossed
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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
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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
15
and adopt rules under the Illinois Administrative Procedure
16
Act for the purpose of this Act.
The Department shall review
17
complaints to determine whether there is cause for
18
investigation.
The Department shall have the powers and the
19
parties shall have the rights provided in the Illinois
20
Administrative Procedure Act for contested cases. The
21
Department shall have the power to conduct investigations in
22
connection with the administration and enforcement of this
23
Act, including the power to conduct depositions and discovery
24
and to issue subpoenas. If the Department finds cause to
25
believe that this Act has been violated, the Department shall

HB5208 Engrossed
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LRB104 19697 SPS 33146 b
1
notify the parties in writing and the matter shall be referred
2
to an Administrative Law Judge to schedule a formal hearing in
3
accordance with hearing procedures established by rule.
4

(b) The Department is authorized to impose civil penalties
5
prescribed in Section 30 in administrative proceedings that
6
comply with the Illinois Administrative Procedure Act and to
7
supervise the payment of the unpaid wages and damages owing to
8
the employee or employees under this Act. The Department may
9
bring any legal action necessary to recover the amount of
10
unpaid wages, damages, and penalties, and the employer shall
11
be required to pay the costs. Any sums recovered by the
12
Department on behalf of an employee under this Act shall be
13
paid to the employee or employees affected. However, 20% of
14
any penalty collected from the employer for a violation of
15
this Act shall be deposited into the
Paid Leave for All Workers

16
Child Labor and Day and Temporary Labor Services Enforcement

17
Fund.
18

(c) The Attorney General may bring an action to enforce
19
the 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
24
who believes his or her rights under this Act or any rule
25
adopted under this Act have been violated may, within 60 days

HB5208 Engrossed
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LRB104 19697 SPS 33146 b
1
after the date of the last event constituting the alleged
2
violation for which the action is brought, file a complaint
3
with the Department or file a civil action.
4

(b) An employer that violates any provision of this Act or
5
any rule adopted under this Act is subject to a civil penalty
6
for 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
11
an employee
against an employer who employs 50 or more
12
employees
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 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
19
employee who uses unpaid bereavement leave under Section 10,
20
12, or 14 may not use unpaid bereavement leave under a
21
different 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
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LRB104 19697 SPS 33146 b
1

(820 ILCS 156/Act rep.)
2

Section 10.
The Child Extended Bereavement Leave Act is
3
repealed.

4

Section 15.
The Victims' Economic Security and Safety Act
5
is amended by changing Section 20 as follows:

6

(820 ILCS 180/20)
7

Sec. 20.
Entitlement to leave due to domestic violence,
8
sexual violence, gender violence, or any other crime of
9
violence.
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
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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
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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
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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
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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
19
at least 48 hours' advance notice of the employee's intention
20
to take the leave, unless providing such notice is not
21
practicable. When an unscheduled absence occurs, the employer
22
may not take any action against the employee if the employee,
23
upon request of the employer and within a reasonable period
24
after the absence, provides certification under subsection
25
(c).
26

(c) Certification.

HB5208 Engrossed
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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
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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
14
employer pursuant to subsection (b) or (c), including a
15
statement of the employee or any other documentation, record,
16
or corroborating evidence, and the fact that the employee has
17
requested or obtained leave pursuant to this Section, shall be
18
retained in the strictest confidence by the employer, except
19
to 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
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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
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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
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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
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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
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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
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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;
9
103-314, eff. 1-1-24; revised 7-10-25.)

10

Section 20.
The Child Labor Law of 2024 is amended by
11
changing Section 75 as follows:

12

(820 ILCS 206/75)
13

Sec. 75.
Civil penalties.
14

(a) Any person employing, allowing, or permitting a minor
15
to work who violates any of the provisions of this Act or any
16
rule adopted under the Act shall be subject to civil penalties
17
as 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
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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
18
appropriateness of the penalty to the size of the business of
19
the employer charged and the gravity of the violation shall be
20
considered.
21

Each day during which any violation of this Act continues
22
shall constitute a separate and distinct offense, and the
23
employment of any minor in violation of the Act shall, with
24
respect to each minor so employed, constitute a separate and
25
distinct offense.
26

(b) Any administrative determination by the Department of

HB5208 Engrossed
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LRB104 19697 SPS 33146 b
1
the amount of each penalty shall be final unless reviewed as
2
provided in Section 70.
3

(c) The amount of the penalty, when finally determined,
4
may be recovered in a civil action brought by the Director in
5
any circuit court, in which litigation the Director shall be
6
represented by the Attorney General. In an action brought by
7
the Department, the Department may request, and the Court may
8
impose on a defendant employer, an additional civil penalty of
9
up to an amount equal to the penalties assessed by the
10
Department to be distributed to an impacted minor. In an
11
action concerning multiple minors, any such penalty imposed by
12
the Court shall be distributed equally among the minors
13
employed in violation of this Act by the defendant employer.
14

(d) Penalties recovered under this Section shall be paid
15
by certified check, money order, or by an electronic payment
16
system designated by the Department, and deposited into the
17
Child Labor and Day and Temporary Labor Services Enforcement
18
Fund, a special fund in the State treasury. Moneys in the Fund
19
shall be used, subject to appropriation, for exemplary
20
programs, demonstration projects, and other activities or
21
purposes related to the enforcement of this Act,
and
for the
22
activities or purposes related to the enforcement of the Day
23
and Temporary Labor Services Act, the Private Employment
24
Agency Act,
or
the Right to Privacy in the Workplace Act,
for
25
the activities or purposes related to the enforcement of
the
26
Job Opportunities for Qualified Applicants Act, and
for the

HB5208 Engrossed
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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;
4
104-455, eff. 12-12-25; revised 1-8-26.)

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