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Illinois General Assembly· HB 1353Governor Approved

VOLUNTEER EMERGENCY WORKERS, the official text

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HB1353 Enrolled                     LRB104 05894 RTM 15925 b

1   AN ACT concerning government.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Volunteer Emergency Worker Job Protection

5 Act is amended by changing Sections 5, 10, and 20 as follows:

6   (50 ILCS 748/5)

7   Sec. 5. Volunteer emergency worker; when termination of

8 employment prohibited.

9   (a) No public or private employer may terminate or

10 penalize an employee who is a volunteer emergency worker

11 because the employee, when acting as a volunteer emergency

12 worker, is absent from or late to his or her employment in

13 order to respond to an emergency prior to the time the employee

14 is to report to his or her place of employment or is

15 participating in training that the employee is required to

16 participate in as a volunteer emergency worker.

17  (a-5) A public or private employer shall not discipline an

18 employee who is a volunteer emergency worker if the employee,

19 in the scope of acting as a volunteer emergency worker,

20 responds to an emergency phone call or text message during

21 work hours that requests the person's volunteer emergency

22 services. This subsection (a-5) does not apply to a person

23 employed by a public or private vehicle service provider and
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1 who is in the course of performing services as Emergency

2 Medical Services personnel as defined in Section 3.5 of the

3 Emergency Medical Services (EMS) Systems Act. This subsection

4 (a-5) shall not diminish or supersede an employer's written

5 workplace policy, a collective bargaining agreement,

6 administrative guidelines, or other applicable written rules

7 administered by the employer. Existing written policies

8 governing the use of cell phones shall prevail and control.

9   (b) An employer may charge, against the employee's regular

10 pay, any time that an employee who is a volunteer emergency

11 worker loses from employment because of the employee's

12 response to an emergency in the course of performing his or her

13 duties as a volunteer emergency worker or participation in

14 training that the employee is required to participate in as a

15 volunteer emergency worker. The employer may not require the

16 employee to take vacation time or other compensatory time in

17 order to respond to an emergency or participate in training.

18  (c) In the case of an employee who is a volunteer emergency

19 worker and who loses time from his or her employment in order

20 to respond to an emergency in the course of performing his or

21 her duties as a volunteer emergency worker or participate in

22 training that the employee is required to participate in as a

23 volunteer emergency worker, the employer has the right to

24 request the employee to provide the employer with a written

25 statement from the supervisor or acting supervisor of the

26 volunteer fire department or governmental entity that the
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1 volunteer emergency worker serves stating that the employee

2 responded to an emergency and stating the time and date of the

3 emergency.

4   (d) An employee who is a volunteer emergency worker and

5 who may be absent from or late to his or her employment in

6 order to respond to an emergency in the course of performing

7 his or her duties as a volunteer emergency worker or

8 participate in training that the employee is required to

9 participate in as a volunteer emergency worker must make a

10 reasonable effort to notify his or her employer that he or she

11 may be absent or late.

12 (Source: P.A. 100-324, eff. 1-1-18.)

13  (50 ILCS 748/10)

14  Sec. 10. Employer's violation; civil action. An employee

15 who is terminated, penalized, or disciplined in violation of

16 this Act may bring a civil action against his or her employer

17 who violated this Act. The employee may seek reinstatement to

18 his or her former position, payment of back wages,

19 reinstatement of fringe benefits, and, where seniority rights

20 are granted, reinstatement of seniority rights. The employee

21 must commence such an action within one year after the date of

22 the employer's violation.

23 (Source: P.A. 93-1027, eff. 8-25-04.)

24  (50 ILCS 748/20)
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1  Sec. 20. Applicability. This Act does not apply to any

2 employer that is a municipality with a population of 15,000

3 7,500 or more.

4 (Source: P.A. 94-599, eff. 1-1-06; 95-59, eff. 1-1-08.)
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