(820 ILCS 151/1)
Sec. 1. Short title. This Act may be cited as the Family Military Leave Act.
(Source: P.A. 94-589, eff. 8-15-05.)
(820 ILCS 151/5)
Sec. 5. Definitions. In this Act:
"Employee" means any person who may be permitted, required, or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment. "Employee" does include an independent contractor. "Employee" includes an employee of a covered employer who has been employed by the same employer for at least 12 months, and has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave.
"Employee benefits" means all benefits, other than salary and wages, provided or made available to employees by an employer and includes group life insurance, health insurance, disability insurance and pensions, regardless of whether benefits are provided by a policy or practice of an employer.
"Employer" means (1) any person, partnership, corporation, association, or other business entity; and (2) the State of Illinois, municipalities and other units of local government.
"Family military leave" means leave requested by an employee who is the spouse, parent, child, or grandparent of a person called to military service lasting longer than 30 days with the State or United States pursuant to the orders of the Governor or the President of the United States.
(Source: P.A. 96-1417, eff. 1-1-11.)
(820 ILCS 151/10)
Sec. 10. Family Military Leave Requirement.
(a) Any employer, as defined in Section 5 of this Act, that employs between 15 and 50 employees shall provide up to 15 days of unpaid family military leave to an employee during the time federal or State deployment orders are in effect, subject to the conditions set forth in this Section. Family military leave granted under this Act may consist of unpaid leave.
(b) An employer, as defined in Section 5 of this Act, that employs more than 50 employees shall provide up to 30 days of unpaid family military leave to an employee during the time federal or State deployment orders are in effect, subject to the conditions set forth in this Section. Family military leave granted under this Act may consist of unpaid leave. The number of days of leave provided to an employee under this subsection (b) because the employee's spouse or child is called to military service shall be reduced by the number of days of leave provided to the employee under subdivision (a)(1)(E) of Section 102 of the Family and Medical Leave Act of 1993 because of any qualifying exigency arising out of the fact that the employee's spouse or child is on covered active duty as defined in that Act (or has been notified of an impending call or order to covered active duty) in the Armed Forces.
(c) The employee shall give at least 14 days' notice of the intended date upon which the family military leave will commence if leave will consist of 5 or more consecutive work days. Where able, the employee shall consult with the employer to schedule the leave so as to not unduly disrupt the operations of the employer. Employees taking military family leave for less than 5 consecutive days shall give the employer advance notice as is practicable. The employer may require certification from the proper military authority to verify the employee's eligibility for the family military leave requested.
(d) An employee shall not take leave as provided under this Act unless he or she has exhausted all accrued vacation leave, personal leave, compensatory leave, and any other leave that may be granted to the employee, except sick leave and disability leave.
(Source: P.A. 101-81, eff. 7-12-19.)
(820 ILCS 151/15)
Sec. 15. Employee benefits protection.
(a) Any employee who exercises the right to family military leave under this Act, upon expiration of the leave, shall be entitled to be restored by the employer to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. This Section does not apply if the employer proves that the employee was not restored as provided in this Section because of conditions unrelated to the employee's exercise of rights under this Act.
(b) During any family military leave taken under this Act, the employer shall make it possible for employees to continue their benefits at the employee's expense. The employer and employee may negotiate for the employer to maintain benefits at the employer's expense for the duration of the leave.
(Source: P.A. 94-589, eff. 8-15-05.)
(820 ILCS 151/20)
Sec. 20. Effect on existing employee benefits.
(a) Taking family military leave under this Act shall not result in the loss of any employee benefit accrued before the date on which the leave commenced.
(b) Nothing in this Act shall be construed to affect an employer's obligation to comply with any collective bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided under this Act.
(c) The family military leave rights provided under this Act shall not be diminished by any collective bargaining agreement or employee benefit plan.
(d) Nothing in this Act shall be construed to affect or diminish the contract rights or seniority status of any other employee of any employer covered under this Act.
(Source: P.A. 94-589, eff. 8-15-05.)
(820 ILCS 151/25)
Sec. 25. Prohibited acts.
(a) An employer shall not interfere with, restrain, or deny the exercise or the attempt to exercise any right provided under this Act.
(b) An employer shall not discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee that exercises any right provided under this Act.
(c) An employer shall not discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee for opposing any practice made unlawful by this Act.
(Source: P.A. 94-589, eff. 8-15-05.)
(820 ILCS 151/30)
Sec. 30. Enforcement. A civil action may be brought in the circuit court having jurisdiction by an employee to enforce this Act. The circuit court may enjoin any act or practice that violates or may violate this Act and may order any other equitable relief that is necessary and appropriate to redress the violation or to enforce this Act.
(Source: P.A. 94-589, eff. 8-15-05.)
(820 ILCS 151/99)
Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 94-589, eff. 8-15-05.)
Structure Illinois Compiled Statutes
820 ILCS 5/ - Labor Dispute Act.
820 ILCS 10/ - Collective Bargaining Successor Employer Act.
820 ILCS 12/ - Collective Bargaining Freedom Act.
820 ILCS 15/ - Employment Contract Act.
820 ILCS 17/ - Broadcast Industry Free Market Act.
820 ILCS 20/ - Artistic Contracts by Minors Act.
820 ILCS 25/ - Advertisement for Strike Workers Act.
820 ILCS 30/ - Employment of Strikebreakers Act.
820 ILCS 35/ - Employee Arbitration Act.
820 ILCS 40/ - Personnel Record Review Act.
820 ILCS 42/ - Artificial Intelligence Video Interview Act.
820 ILCS 45/ - Health Insurance Claim Filing Act.
820 ILCS 46/ - Consumer Coverage Disclosure Act.
820 ILCS 55/ - Right to Privacy in the Workplace Act.
820 ILCS 60/ - Union Employee Health and Benefits Protection Act.
820 ILCS 61/ - Sexual Harassment Victim Representation Act.
820 ILCS 65/ - Illinois Worker Adjustment and Retraining Notification Act.
820 ILCS 70/ - Employee Credit Privacy Act.
820 ILCS 75/ - Job Opportunities for Qualified Applicants Act.
820 ILCS 80/ - Illinois Secure Choice Savings Program Act.
820 ILCS 90/ - Illinois Freedom to Work Act.
820 ILCS 92/ - Employee Misclassification Referral System Act.
820 ILCS 95/ - Lodging Services Human Trafficking Recognition Training Act.
820 ILCS 96/ - Workplace Transparency Act.
820 ILCS 97/ - Customized Employment for Individuals with Disabilities Act.
820 ILCS 105/ - Minimum Wage Law.
820 ILCS 110/ - Equal Wage Act.
820 ILCS 112/ - Equal Pay Act of 2003.
820 ILCS 115/ - Illinois Wage Payment and Collection Act.
820 ILCS 120/ - Sales Representative Act.
820 ILCS 125/ - Wages of Women and Minors Act.
820 ILCS 130/ - Prevailing Wage Act.
820 ILCS 135/ - Burial Rights Act.
820 ILCS 140/ - One Day Rest In Seven Act.
820 ILCS 145/ - Eight Hour Work Day Act.
820 ILCS 147/ - School Visitation Rights Act.
820 ILCS 148/ - Civil Air Patrol Leave Act.
820 ILCS 149/ - Employee Blood Donation Leave Act.
820 ILCS 150/ - Employee Medical Contribution Act.
820 ILCS 151/ - Family Military Leave Act.
820 ILCS 154/ - Family Bereavement Leave Act.
820 ILCS 155/ - Employer as Lessee Bond Act.
820 ILCS 160/ - Employee Benefit Contribution Act.
820 ILCS 165/ - Personal Service Wage Refund Act.
820 ILCS 170/ - Earned Income Tax Credit Information Act.
820 ILCS 175/ - Day and Temporary Labor Services Act.
820 ILCS 180/ - Victims' Economic Security and Safety Act.
820 ILCS 182/ - Domestic Workers' Bill of Rights Act.
820 ILCS 185/ - Employee Classification Act.
820 ILCS 190/ - Illinois Fringe Benefit Portability and Continuity Act.
820 ILCS 191/ - Employee Sick Leave Act.
820 ILCS 205/ - Child Labor Law.
820 ILCS 210/ - Disclosure of Offenses Against Children Act.
820 ILCS 219/ - Occupational Safety and Health Act.
820 ILCS 227/ - OSHA Program Reorganization Act.
820 ILCS 230/ - Employee Washroom Act.
820 ILCS 235/ - Medical Examination of Employees Act.
820 ILCS 245/ - Work Under Compressed Air Act.
820 ILCS 250/ - Underground Sewer Employee Safety Act.
820 ILCS 255/ - Toxic Substances Disclosure to Employees Act.
820 ILCS 260/ - Nursing Mothers in the Workplace Act.
820 ILCS 265/ - Substance Abuse Prevention on Public Works Projects Act.
820 ILCS 270/ - Aerial Exhibitors Safety Act.
820 ILCS 275/ - Workplace Violence Prevention Act.
820 ILCS 305/ - Workers' Compensation Act.
820 ILCS 310/ - Workers' Occupational Diseases Act.
820 ILCS 315/ - Line of Duty Compensation Act.
820 ILCS 320/ - Public Safety Employee Benefits Act.