State of Illinois
92nd General Assembly

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HB2221 Engrossed                               LRB9204514WHcs

 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    Volunteer Firefighter Leave of Absence Act.

 6        Section 5.  Definition.  As used in this Act,  "volunteer
 7    firefighter"  has the meaning ascribed to the term "volunteer
 8    fireman" in Section 2 of the Law Enforcement Officers,  Civil
 9    Defense  Workers,  Civil  Air  Patrol    Members, Paramedics,
10    Firemen, Chaplains, and State Employee  Compensation Act.

11        Section 10.  Temporary leaves of absence. An employee who
12    is  a  volunteer  firefighter,  and  works  for  an  employer
13    employing 50 or more employees, shall be  permitted  to  take
14    temporary leaves of absence, not to exceed an aggregate of 14
15    days  per  calendar year, for the purpose of engaging in fire
16    or law enforcement training, except  for  a  school  district
17    employee who was offered the chance to attend annual training
18    at  a time when school is not in session but chose instead to
19    train during the school session.

20        Section 15.  Enforcement. An employee who  works  for  an
21    employer  employing  50  or more employees who is discharged,
22    threatened with discharge,  demoted,  suspended,  or  in  any
23    other   manner   discriminated   against  in  the  terms  and
24    conditions of employment by his or her employer  because  the
25    employee  has  taken  time  off  to  engage  in  fire  or law
26    enforcement training as provided in Section 10 is entitled to
27    reinstatement and  reimbursement  for  lost  wages  and  work
28    benefits caused by the acts of the employer.
29        An employee seeking reinstatement and reimbursement under
HB2221 Engrossed            -2-                LRB9204514WHcs
 1    this  Act  may,  within  30  days after the alleged violation
 2    occurs, apply to the Director of Labor for reinstatement  and
 3    reimbursement. A copy of the application shall be sent to the
 4    person  who  allegedly  committed the violation, who shall be
 5    the respondent. Upon receipt of an application, the  Director
 6    shall  cause  such  investigation  to be made as the Director
 7    deems  appropriate.  The  investigation  shall   provide   an
 8    opportunity  for a public hearing at the request of any party
 9    to the review to enable the parties  to  present  information
10    relating to the alleged violation. The parties shall be given
11    written  notice of the time and place of the hearing at least
12    5 days before the hearing. Upon receiving the report  of  the
13    investigation,  the  Director shall make findings of fact. If
14    the Director finds that a violation  did  occur,  he  or  she
15    shall  issue a decision incorporating his or her findings and
16    requiring the party committing the  violation  to  take  such
17    affirmative  action  to  abate  the violation as the Director
18    deems appropriate. If the Director finds that  there  was  no
19    violation,  the  Director  shall  issue  an order denying the
20    application. An order  issued  by  the  Director  under  this
21    Section  shall  be  subject  to  judicial  review  under  the
22    Administrative Review Law.

23        Section  20.  Rules.  The  Director  of Labor shall adopt
24    rules implementing this Act in accordance with  the  Illinois
25    Administrative Procedure Act.

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