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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
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.
(b) An employer may charge, against the employee's regular
pay, any time
employee who is a
worker loses from employment because of the employee's
to an emergency in the course of performing his or her duties
volunteer emergency worker.
(c) In the case of an employee who is a
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
the right to request the employee to provide the
a written statement from the supervisor or acting supervisor of
volunteer fire department or governmental entity that the
volunteer emergency worker serves stating that the employee
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responded to an emergency
and stating the time and date of the
(d) An employee who is a
volunteer emergency worker and who
may be absent from or late to his or her
respond to an emergency in the course of performing his or her
as a volunteer emergency worker must make a reasonable
effort to notify his
her employer that he or she may be
absent or late.
(Source: P.A. 93-1027, eff. 8-25-04; 94-599, eff. 1-1-06.)".