93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4851


 
Introduced 02/04/04, by Mike Boland
 
SYNOPSIS AS INTRODUCED:
 		












New Act











    Creates the Volunteer Firefighter Job Protection Act. Provides that no public
or
private employer may terminate an employee who is a volunteer
firefighter because the employee, when acting as a volunteer firefighter, is
absent from or late to his or her employment in order to respond to an
emergency prior to the time the employee is to report to his or her place of
employment. Provides that an employee who is terminated in violation of the
Act may bring a civil action against his or her employer for reinstatement to
the
employee's former position, payment of
back wages, reinstatement of fringe benefits, and reinstatement of seniority
rights.
Limits the concurrent exercise of home rule powers.
Effective immediately.















LRB093 15018 MKM 40589 b

















HOME RULE NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4851

LRB093 15018 MKM 40589 b






1
    AN ACT in relation to 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
Volunteer Firefighter
Job
Protection Act.



 
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    Section 5. Volunteer firefighter; when termination of 
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employment prohibited.


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    (a) No public or private employer may terminate an employee 
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who is a
volunteer
firefighter because the employee, when 
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acting as a volunteer firefighter, is
absent from or late to 
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his or her employment in order to respond to an
emergency prior 
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to the time the employee is to report to his or her place of

13
employment.


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    (b) An employer may charge, against the employee's regular 
15
pay, any time
that
an
employee who is a
volunteer firefighter 
16
loses from employment because of the employee's
response to an 
17
emergency in the course of performing his or her duties as a

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volunteer firefighter.


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    (c) In the case of an employee who is a
volunteer 
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firefighter and who loses time
from his or her employment in 
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order to respond to an emergency in the course of
performing 
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his or her duties as a volunteer firefighter, the
employer has 
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the right to request the employee to provide the
employer with 
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a written statement from the supervisor or acting supervisor of

25
the
volunteer fire department stating that the employee 
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responded to an emergency
and stating the time and date of the 
27
emergency.


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    (d) An employee who is a
volunteer firefighter and who may 
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be absent from or late to his or her
employment in
order to 
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respond to an emergency in the course of performing his or her 
31
duties
as a volunteer firefighter must make a reasonable effort 
32
to notify his
or
her employer that he or she may be absent or 
 


 






HB4851
- 2 -
LRB093 15018 MKM 40589 b




1
late.



 
2
    Section 10. Employer's violation; civil action. An 
3
employee who is
terminated
in
violation of this
Act may bring a 
4
civil action against his or her employer who violated this Act.

5
The
employee may seek reinstatement to his or her former 
6
position, payment of
back wages, reinstatement of fringe 
7
benefits, and, where seniority rights are
granted, 
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reinstatement of seniority rights. The employee must commence 
9
such an
action within one year
after the date of the employer's 
10
violation.



 
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    Section 15. Home rule powers.  A home rule unit may not 
12
regulate employment
in
a manner inconsistent with the 
13
regulation by the State of employment under this
Act.
This 
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Section is a limitation under subsection (i) of Section 6 of 
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Article VII
of the Illinois
Constitution on the concurrent 
16
exercise by home rule units of powers and
functions
exercised 
17
by the State.

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