Sen. Christopher Belt

Filed: 5/10/2024





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2    AMENDMENT NO. ______. Amend House Bill 3908 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Firefighter Paid Family Leave Act.
6    Section 5. Definitions. As used in this Act:
7    "Family member" means an employee's child, stepchild,
8spouse, domestic partner, sibling, parent, mother-in-law,
9father-in-law, grandchild, grandparent, or stepparent.
10    "Firefighter" has the meaning set forth in Section 4-106
11of the Illinois Pension Code. "Firefighter" includes an
12individual eligible to participate in a fund established under
13Article 4 of the Illinois Pension Code, an individual who is
14not eligible to participate in a fund established under
15Article 4 who is employed on a full-time basis as a firefighter
16or paramedic, and a firefighter paramedic who is employed by a



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1municipality or fire protection district to perform duties as
2a paramedic, emergency medical technician (EMT), emergency
3medical technician basic (EMT-B), emergency medical
4technician-intermediate (EMT-I), or advanced emergency medical
5technician (A-EMT).
6    "Serious health condition" means an illness, impairment,
7or physical or mental condition that requires inpatient care
8in a hospital, hospice, or residential medical care facility
9or continuing medical treatment or continuing supervision by a
10health care provider.
11    Section 10. Paid family leave.
12    (a) A firefighter shall receive 6 weeks of paid family
13leave 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
24physical recovery time for a firefighter returning from leave
25used for the purpose described in paragraph (1) of subsection



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1(a), including light-duty assignments or an agreed to
2reassignment of duties until the firefighter is able to return
3to full duties.
4    (c) The employer shall compensate an employee granted
5leave under this Act at the employee's regular rate of pay,
6paid at the same interval the employee was paid while working,
7for those regular work hours during which the employee is
8absent from work.
9    Section 15. Limitations. The paid family leave
10requirements established by this Act shall be provided to a
11firefighter who has been employed full-time by an employer for
12at least one year, regardless of the employer's leave
14    Section 20. Waiver. A firefighter may voluntarily waive
15the paid family leave requirement established by this Act by
16returning to work before the 6 weeks of leave have elapsed or
17by declining, in writing, to accept the paid family leave.
18    Section 25. Collective bargaining agreements. Unless
19otherwise provided in a collective bargaining agreement,
20nothing in this Act shall be construed to waive or otherwise
21limit an employee's right to final compensation for any type
22of 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
3discriminate a person because the person has filed or
4communicated to the employer an intent to file a claim, a
5complaint, or an appeal or has testified or is about to testify
6or has assisted in any proceeding, under this Act, at any time.
7    (b) It is unlawful for any employer to threaten to take or
8to take any adverse action against an employee because the
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
17paid leave by an employee as a negative factor in any
18employment action that involves evaluating, promoting,
19disciplining, or counting paid leave under a no-fault
20attendance policy.
21    Section 35. Employment protection; maintenance of
23    (a) An employee who takes leave under this Act shall be
24entitled, on return from the leave, to be restored by the
25employer to the position of employment held by the employee



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1when the leave commenced, or to be restored to an equivalent
2position with equivalent employment benefits, pay, and other
3terms and conditions of employment.
4    (b) An employee who takes leave under this Act shall not
5loss any employment benefit accrued by the employee prior to
6the date on which the leave commenced.
7    Section 40. Home rule. A home rule unit may not regulate
8the provision of paid family leave to firefighters in a manner
9more restrictive than the regulation by the State of the
10provision of paid family leave to firefighters under this Act.
11This Section is a limitation under subsection (i) of Section 6
12of Article VII of the Illinois Constitution on the concurrent
13exercise by home rule units of powers and functions exercised
14by the State.
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".