HB4851 Engrossed

LRB093 15018 MKM 40589 b






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    AN ACT in relation to employment. 

 
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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 1. Short title.  This Act may be cited as the 
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Volunteer Firefighter
Job
Protection Act.



 
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    Section 3. Definitions. As used in this Act: 
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    "Volunteer firefighter" means a firefighter who does not 
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receive monetary compensation for his or her services to a fire 
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department or fire protection district and who does not work 
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for any other fire department or fire protection district for 
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monetary compensation.
 
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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

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employment.


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    (b) An employer may charge, against the employee's regular 
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pay, any time
that
an
employee who is a
volunteer firefighter 
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loses from employment because of the employee's
response to an 
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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

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the
volunteer fire department stating that the employee 
 


 






HB4851 Engrossed
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LRB093 15018 MKM 40589 b




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responded to an emergency
and stating the time and date of the 
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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 
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duties
as a volunteer firefighter must make a reasonable effort 
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to notify his
or
her employer that he or she may be absent or 
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late.



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

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



 
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    Section 15. Home rule powers.  A home rule unit may not 
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regulate employment
in
a manner inconsistent with the 
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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 
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exercise by home rule units of powers and
functions
exercised 
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by the State.

 
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    Section 20. Applicability. This Act applies only to 
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municipalities with a population of 3,500 or less. 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.