Full Text of HB2490

HB2490 Engrossed LRB104 08298 SPS 18349 b

AN ACT concerning employment.

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

Section 1. Short title. This Act may be cited as the Firefighter Paid Family Leave Act.

Section 5. Definitions. As used in this Act:

"Family Member" means a firefighter's child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or step-parent.

"Firefighter" has the meaning set forth in Section 4-106 of the Illinois Pension Code. "Firefighter" includes an individual eligible to participate in a fund established under under Article 4 of the Illinois Pension Code, an individual who is not eligible to participate in a fund established under Article 4 who is employed on a full-time basis as a firefighter or paramedic, and a firefighter paramedic who is employed by a municipality or fire protection district to perform duties as a paramedic, emergency medical technician (EMT), emergency medical technician basic (EMT-B), emergency medical technician-intermediate (EMT-I), or advanced emergency medical technician (A-EMT).

"Serious health condition" means an illness, impairment, or physical or mental condition that requires inpatient care in a hospital, hospice, or residential medical care facility or continuing medical treatment or continuing supervision by a health care provider.

Section 10. Paid family leave.

(a) A firefighter shall receive 6 weeks of paid family leave that may be used for the following:

(1) for the birth of a child and to care for a newborn child;

(2) to care for a newly adopted child under 18 years of age, a newly placed foster child under 18 years of age, or a newly adopted or placed foster child older than 18 years of age if the child is incapable of self-care because of a mental or physical disability; and

(3) to care for a family member with a serious health condition.

(b) An employer shall reasonably accommodate additional physical recovery time for a firefighter returning from leave used for the purpose described in paragraph (1) of subsection (a), including light-duty assignments or an agreed to reassignment of duties until the firefighter is able to return to full duties.

(c) The employer shall compensate a firefighter granted leave under this Act at the firefighter's regular rate of pay, paid at the same interval the firefighter was paid while working, for those regular work hours during which the firefighter is absent from work.

Section 15. Employment protection; maintenance of benefits.

(a) A firefighter who takes leave under this Act shall be entitled, on return from leave, to be restored by the employer to the position of employment held by the firefighter when the leave commenced, or to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

(b) A firefighter who takes leave under this Act shall not lose any employment benefit accrued by the firefighter prior to the date on which the leave commenced.

Section 20. Prohibited acts.

(a) No employer shall discharge, expel, or otherwise discriminate against a person because the person has filed or communicated to the employer an intent to file a claim, a complaint, or an appeal or has testified or is about to testify or has assisted in any proceeding, under this Act, at any time.

(b) It is unlawful for any employer to threaten to take or take any adverse action against a firefighter because the firefighter:

(1) exercises rights or attempts to exercise rights under this Act;

(2) opposes practices which the firefighter believes to be in violation of this Act; or

(3) supports the exercise of the rights of another under this Act.

(c) It is unlawful for any employer to consider the use of paid leave by a firefighter as a negative factor in any employment action that involves evaluating, promoting, disciplining, or counting paid leave under a no-fault attendance policy.

Section 25. Limitations. The paid family leave requirements established by this Act shall be provided to a firefighter who has been employed by an employer for at least one year, regardless of the employer's leave policies.

Section 30. Waiver. A firefighter may voluntarily waive the paid family leave requirement established by this Act by returning to work before the 6 weeks of leave have elapsed or by declining, in writing, to accept the paid family leave.

Section 35. Collective bargaining agreements. Unless otherwise provided in a collective bargaining agreement, nothing in this Act shall be construed to waive or otherwise limit a firefighter's right to final compensation for any type of leave promised to be paid under contract of employment.

Section 40. Home rule. A home rule unit may not regulate the provision of paid family leave to firefighters in a manner more restrictive than the regulation by the State of the provision of paid family leave to firefighters under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 99. Effective date. This Act takes effect upon becoming law.