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HB 4856

NEW CHILD BONDING LEAVE ACT

104th Regular Session Introduced by Janet Yang Rohr

Creates a standalone 12-week unpaid bonding leave for employees who gained child custody, with job/benefit protection and state enforcement.

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WeVote Research Nonpartisan
Bill Summary · HB 4856

Overview

HB 4856 proposes the New Child Bonding Leave Act in Illinois. The bill creates a new, separate entitlement for a 12-week unpaid leave to employees who have gained custody of a child within the prior four weeks. The leave runs independently of, and in some cases concurrently with, the federal Family and Medical Leave Act (FMLA). The act sets protections for reinstatement, requires minimal documentation, addresses unlawful employer practices, and establishes enforcement and department responsibilities.

Purpose and Intent

  • Provide a dedicated 12-week unpaid leave to employees who have recently gained custody of a child (birth, adoption, foster care placement, or similar arrangements) within the last four weeks.
  • Ensure employees can take bonding leave without being forced to use paid leave first.
  • Preserve the employee’s benefits and safeguards job reinstatement after leave.
  • Create a state-level enforcement mechanism through the Department of Labor (DOL) with penalties for violations.

Key Provisions

Leave Eligibility and Duration

  • Eligible employees: those who have gained custody of a child within the prior four weeks.
  • Duration: 12 weeks of unpaid leave.
  • Interaction with FMLA:
    • If the employee is FMLA-eligible and has exhausted FMLA leave, they receive 12 weeks of leave.
    • If FMLA-eligible and FMLA leave remains, the 12 weeks run concurrently with the remaining FMLA leave.
    • If not FMLA-eligible, the employee still receives 12 weeks of leave.
  • Leave use: May be taken continuously or intermittently; minimum increments of 2 hours may be required by the employer.
  • Paid leave prohibition: Employers cannot require the employee to use paid leave (e.g., vacation, sick leave) in lieu of the Act’s leave. Employees may substitute other paid leave they are entitled to under law or plan for an equivalent period of leave provided under the Act.

Reinstatement and Benefits

  • Reinstatement: Upon conclusion of leave, the employee must be returned to the former position or a substantially equivalent one with no loss of benefits earned prior to taking leave.
  • Health insurance: Employer must maintain health insurance benefits during the leave as if the employee had not taken leave.
  • Replacement workers: Employers may not require hiring a replacement worker due to the employee’s leave.

Documentation

  • Employers may require employees to submit documentation to demonstrate eligibility for the leave.

Unlawful Employer Practices

  • Prohibits adverse actions against employees for exercising or opposing rights under the Act or for supporting others’ rights under the Act.

Department of Labor Responsibilities and Enforcement

  • The Department of Labor administers and enforces the Act, with rulemaking under the Illinois Administrative Procedure Act.
  • Investigations, subpoenas, and administrative hearings are provided for enforcement.
  • Civil penalties: Employers may face penalties up to $5,000 per affected employee for violations.
  • Remedies: The Department can seek unpaid wages, damages, and penalties, with costs borne by the employer; recovered sums go to affected employees.
  • Civil action: Employees may file a civil action in circuit court to enforce the Act.

Who Is Affected

  • Employees who have gained custody of a child within the preceding four weeks.
  • Employers in Illinois, including state employers, subject to wage, hour, and civil rights provisions integrated with the Wage Payment and Collection Act.
  • The Department of Labor, which enforces and administers the Act.

Procedural and Timeline Aspects

  • Effective date: The text provided does not specify an effective date; typical implementation would follow enactment and rulemaking.
  • Filing and enforcement window: Employees may file a complaint within 60 days after the alleged violation.
  • Penalties and remedies: Civil penalties up to $5,000 per affected employee; enforcement through administrative proceedings or circuit court.

Summary of Impact

  • Creates a new, standalone 12-week unpaid bonding leave focused on recent child custody events.
  • Limits the need to use paid leave first, enhancing job and benefit protections during bonding.
  • Aligns with and/or runs concurrently with FMLA where applicable, providing extended or parallel coverage depending on FMLA eligibility and exhaustion.
  • Strengthens protections against retaliation and provides clear enforcement mechanisms and penalties to deter unlawful practices.
  • Expands Illinois’ labor-law framework by giving the state Department of Labor primary enforcement authority with formal processes and remedies.

Compiled from official sources — confirm details with the bill’s official record.

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