FIREFIGHTER PAID FAMILY LEAVE

Illinois General Assembly - Full Text of HB2490

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Full Text of HB2490

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HB2490 - 104th General Assembly

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HB2490 Engrossed
LRB104 08298 SPS 18349 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.
Short title.
This Act may be cited as the
5
Firefighter Paid Family Leave Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Family Member" means a firefighter's child, stepchild,
8
spouse, domestic partner, sibling, parent, mother-in-law,
9
father-in-law, grandchild, grandparent, or step-parent.
10

"Firefighter" has the meaning set forth in Section 4-106
11
of the Illinois Pension Code. "Firefighter" includes an
12
individual eligible to participate in a fund established under
13
under Article 4 of the Illinois Pension Code, an individual
14
who is not eligible to participate in a fund established under
15
Article 4 who is employed on a full-time basis as a firefighter
16
or paramedic, and a firefighter paramedic who is employed by a
17
municipality or fire protection district to perform duties as
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a paramedic, emergency medical technician (EMT), emergency
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medical technician basic (EMT-B), emergency medical
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technician-intermediate (EMT-I), or advanced emergency medical
21
technician (A-EMT).
22

"Serious health condition" means an illness, impairment,
23
or physical or mental condition that requires inpatient care

HB2490 Engrossed
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LRB104 08298 SPS 18349 b
1
in a hospital, hospice, or residential medical care facility
2
or continuing medical treatment or continuing supervision by a
3
health care provider.

4

Section 10.
Paid family leave.
5

(a) A firefighter shall receive 6 weeks of paid family
6
leave that may be used for the following:
7

(1) for the birth of a child and to care for a newborn
8

child;
9

(2) to care for a newly adopted child under 18 years of
10

age, a newly placed foster child under 18 years of age, or
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a newly adopted or placed foster child older than 18 years
12

of age if the child is incapable of self-care because of a
13

mental or physical disability; and
14

(3) to care for a family member with a serious health
15

condition.
16

(b) An employer shall reasonably accommodate additional
17
physical recovery time for a firefighter returning from leave
18
used for the purpose described in paragraph (1) of subsection
19
(a), including light-duty assignments or an agreed to
20
reassignment of duties until the firefighter is able to return
21
to full duties.
22

(c) The employer shall compensate a firefighter granted
23
leave under this Act at the firefighter's regular rate of pay,
24
paid at the same interval the firefighter was paid while
25
working, for those regular work hours during which the

HB2490 Engrossed
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LRB104 08298 SPS 18349 b
1
firefighter is absent from work.

2

Section 15.
Employment protection; maintenance of
3
benefits.
4

(a) A firefighter who takes leave under this Act shall be
5
entitled, on return from leave, to be restored by the employer
6
to the position of employment held by the firefighter when the
7
leave commenced, or to be restored to an equivalent position
8
with equivalent employment benefits, pay, and other terms and
9
conditions of employment.
10

(b) A firefighter who takes leave under this Act shall not
11
lose any employment benefit accrued by the firefighter prior
12
to the date on which the leave commenced.

13

Section 20.
Prohibited acts.
14

(a) No employer shall discharge, expel, or otherwise
15
discriminate against a person because the person has filed or
16
communicated to the employer an intent to file a claim, a
17
complaint, or an appeal or has testified or is about to testify
18
or has assisted in any proceeding, under this Act, at any time.
19

(b) It is unlawful for any employer to threaten to take or
20
take any adverse action against a firefighter because the
21
firefighter:
22

(1) exercises rights or attempts to exercise rights
23

under this Act;
24

(2) opposes practices which the firefighter believes

HB2490 Engrossed
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LRB104 08298 SPS 18349 b
1

to be in violation of this Act; or
2

(3) supports the exercise of the rights of another
3

under this Act.
4

(c) It is unlawful for any employer to consider the use of
5
paid leave by a firefighter as a negative factor in any
6
employment action that involves evaluating, promoting,
7
disciplining, or counting paid leave under a no-fault
8
attendance policy.

9

Section 25.
Limitations.
The paid family leave
10
requirements established by this Act shall be provided to a
11
firefighter who has been employed by an employer for at least
12
one year, regardless of the employer's leave policies.

13

Section 30.
Waiver.
A firefighter may voluntarily waive
14
the paid family leave requirement established by this Act by
15
returning to work before the 6 weeks of leave have elapsed or
16
by declining, in writing, to accept the paid family leave.

17

Section 35.
Collective bargaining agreements.
Unless
18
otherwise provided in a collective bargaining agreement,
19
nothing in this Act shall be construed to waive or otherwise
20
limit a firefighter's right to final compensation for any type
21
of leave promised to be paid under contract of employment.

22

Section 40.
Home rule.
A home rule unit may not regulate

HB2490 Engrossed
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LRB104 08298 SPS 18349 b
1
the provision of paid family leave to firefighters in a manner
2
more restrictive than the regulation by the State of the
3
provision of paid family leave to firefighters under this Act.
4
This Section is a limitation under subsection (i) of Section 6
5
of Article VII of the Illinois Constitution on the concurrent
6
exercise by home rule units of powers and functions exercised
7
by the State.

8

Section 99.
Effective date.
This Act takes effect upon
9
becoming law.

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