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IL HB4856

IL HB4856
NEW CHILD BONDING LEAVE ACT


summary

Introduced
02/03/2026
In Committee
03/04/2026
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

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.

AI Summary

This bill, titled the New Child Bonding Leave Act, establishes a new entitlement for employees in Illinois to take up to 12 weeks of unpaid leave following the acquisition of a child through birth, adoption, foster care, or other means within the preceding four weeks. This leave is available to all eligible employees, regardless of whether they qualify for federal Family and Medical Leave Act (FMLA) leave, and it can run concurrently with any remaining FMLA leave if applicable. Importantly, employers cannot force employees to use their existing paid leave, such as sick or vacation time, instead of this new bonding leave, though employees can elect to substitute paid leave for unpaid leave. Upon returning from leave, employees are guaranteed reinstatement to their original or a substantially equivalent position with no loss of previously held benefits, and employers must continue health insurance benefits during the leave period. Employers can request documentation to verify eligibility for this leave, and the bill outlines unlawful employer practices, such as retaliating against employees for exercising their rights under the Act. The Department of Labor is tasked with administering and enforcing the Act, including conducting investigations and imposing civil penalties of up to $5,000 per affected employee for violations, with employees also having the option to file a complaint with the Department or pursue a civil action in court.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Assigned to Labor & Commerce Committee (on 03/04/2026)

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