Full Text of HB3908 103rd General Assembly
HB3908sam001 103RD GENERAL ASSEMBLY | Sen. Christopher Belt Filed: 5/10/2024 | | 10300HB3908sam001 | | LRB103 29765 SPS 73286 a |
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| 1 | | AMENDMENT TO HOUSE BILL 3908
| 2 | | AMENDMENT NO. ______. Amend House Bill 3908 by replacing | 3 | | everything after the enacting clause with the following: | 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 an employee's child, stepchild, | 8 | | spouse, domestic partner, sibling, parent, mother-in-law, | 9 | | father-in-law, grandchild, grandparent, or stepparent. | 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 | | Article 4 of the Illinois Pension Code, an individual who is | 14 | | 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 |
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| 1 | | municipality or fire protection district to perform duties as | 2 | | a paramedic, emergency medical technician (EMT), emergency | 3 | | medical technician basic (EMT-B), emergency medical | 4 | | technician-intermediate (EMT-I), or advanced emergency medical | 5 | | technician (A-EMT). | 6 | | "Serious health condition" means an illness, impairment, | 7 | | or physical or mental condition that requires inpatient care | 8 | | in a hospital, hospice, or residential medical care facility | 9 | | or continuing medical treatment or continuing supervision by a | 10 | | health care provider. | 11 | | Section 10. Paid family leave. | 12 | | (a) A firefighter shall receive 6 weeks of paid family | 13 | | leave per calendar year that may be used for the following: | 14 | | (1) for the birth of a child and to care for a newborn | 15 | | child; | 16 | | (2) to care for a newly adopted child under 18 years of | 17 | | age, a newly placed foster child under 18 years of age, or | 18 | | a newly adopted or placed foster child older than 18 years | 19 | | of age if the child is incapable of self-care because of a | 20 | | mental or physical disability; and | 21 | | (3) to care for a family member with a serious health | 22 | | condition. | 23 | | (b) An employer shall reasonably accommodate additional | 24 | | physical recovery time for a firefighter returning from leave | 25 | | used for the purpose described in paragraph (1) of subsection |
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| 1 | | (a), including light-duty assignments or an agreed to | 2 | | reassignment of duties until the firefighter is able to return | 3 | | to full duties. | 4 | | (c) The employer shall compensate an employee granted | 5 | | leave under this Act at the employee's regular rate of pay, | 6 | | paid at the same interval the employee was paid while working, | 7 | | for those regular work hours during which the employee is | 8 | | absent from work. | 9 | | Section 15. Limitations. The paid family leave | 10 | | requirements established by this Act shall be provided to a | 11 | | firefighter who has been employed full-time by an employer for | 12 | | at least one year, regardless of the employer's leave | 13 | | policies. | 14 | | Section 20. Waiver. A firefighter may voluntarily waive | 15 | | the paid family leave requirement established by this Act by | 16 | | returning to work before the 6 weeks of leave have elapsed or | 17 | | by declining, in writing, to accept the paid family leave. | 18 | | Section 25. Collective bargaining agreements. Unless | 19 | | otherwise provided in a collective bargaining agreement, | 20 | | nothing in this Act shall be construed to waive or otherwise | 21 | | limit an employee's right to final compensation for any type | 22 | | of leave promised to be paid under a contract of employment. |
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| 1 | | Section 30. Prohibited acts. | 2 | | (a) No employer shall discharge, expel, or otherwise | 3 | | discriminate a person because the person has filed or | 4 | | communicated to the employer an intent to file a claim, a | 5 | | complaint, or an appeal or has testified or is about to testify | 6 | | or has assisted in any proceeding, under this Act, at any time. | 7 | | (b) It is unlawful for any employer to threaten to take or | 8 | | to take any adverse action against an employee because the | 9 | | employee: | 10 | | (1) exercises rights or attempts to exercise rights | 11 | | under this Act; | 12 | | (2) opposes practices which the employee believes to | 13 | | be in violation of this Act; or | 14 | | (3) supports the exercise of rights of another under | 15 | | this Act. | 16 | | (c) It is unlawful for any employer to consider the use of | 17 | | paid leave by an employee as a negative factor in any | 18 | | employment action that involves evaluating, promoting, | 19 | | disciplining, or counting paid leave under a no-fault | 20 | | attendance policy. | 21 | | Section 35. Employment protection; maintenance of | 22 | | benefits. | 23 | | (a) An employee who takes leave under this Act shall be | 24 | | entitled, on return from the leave, to be restored by the | 25 | | employer to the position of employment held by the employee |
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| 1 | | when the leave commenced, or to be restored to an equivalent | 2 | | position with equivalent employment benefits, pay, and other | 3 | | terms and conditions of employment. | 4 | | (b) An employee who takes leave under this Act shall not | 5 | | loss any employment benefit accrued by the employee prior to | 6 | | the date on which the leave commenced. | 7 | | Section 40. Home rule. A home rule unit may not regulate | 8 | | the provision of paid family leave to firefighters in a manner | 9 | | more restrictive than the regulation by the State of the | 10 | | provision of paid family leave to firefighters under this Act. | 11 | | This Section is a limitation under subsection (i) of Section 6 | 12 | | of Article VII of the Illinois Constitution on the concurrent | 13 | | exercise by home rule units of powers and functions exercised | 14 | | by the State. | 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.". |
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