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Public Act 100-0324
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| SB1895 Enrolled | LRB100 11131 MJP 21397 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Volunteer Emergency Worker Job Protection |
Act is amended by changing Section 5 as follows:
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(50 ILCS 748/5)
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Sec. 5. Volunteer emergency worker; when termination of |
employment prohibited.
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(a) No public or private employer may terminate an employee |
who is a
volunteer
emergency worker because the employee, when |
acting as a volunteer emergency worker, 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.
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(a-5) A public or private employer shall not discipline an |
employee who is a volunteer emergency worker if the employee, |
in the scope of acting as a volunteer emergency worker, |
responds to an emergency phone call or text message during work |
hours that requests the person's volunteer emergency services. |
This subsection (a-5) does not apply to a person employed by a |
public or private vehicle service provider and who is in the |
course of performing services as Emergency Medical Services |
personnel as defined in Section 3.5 of the Emergency Medical |
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Services (EMS) Systems Act. This subsection (a-5) shall not |
diminish or supersede an employer's written workplace policy, a |
collective bargaining agreement, administrative guidelines, or |
other applicable written rules administered by the employer. |
Existing written policies governing the use of cell phones |
shall prevail and control.
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(b) An employer may charge, against the employee's regular |
pay, any time
that
an
employee who is a
volunteer emergency |
worker loses from employment because of the employee's
response |
to an emergency in the course of performing his or her duties |
as a
volunteer emergency worker.
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(c) In the case of an employee who is a
volunteer emergency |
worker and who loses time
from his or her employment in order |
to respond to an emergency in the course of
performing his or |
her duties as a volunteer emergency worker, the
employer has |
the right to request the employee to provide the
employer with |
a written statement from the supervisor or acting supervisor of
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the
volunteer fire department or governmental entity that the |
volunteer emergency worker serves stating that the employee |
responded to an emergency
and stating the time and date of the |
emergency.
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(d) An employee who is a
volunteer emergency worker and who |
may be absent from or late to his or her
employment in
order to |
respond to an emergency in the course of performing his or her |
duties
as a volunteer emergency worker must make a reasonable |
effort to notify his
or
her employer that he or she may be |