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| Public Act 093-1027 |
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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, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Volunteer Firefighter
Job
Protection Act.
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Section 3. Definitions. As used in this Act: | ||||
"Volunteer firefighter" means a firefighter who does not | ||||
receive monetary compensation for his or her services to a fire | ||||
department or fire protection district and who does not work | ||||
for any other fire department or fire protection district for | ||||
monetary compensation. | ||||
"Monetary compensation" does not include a monetary | ||||
incentive awarded to a firefighter by the board of trustees of | ||||
a fire protection district under Section 6 of the Fire | ||||
Protection District Act. | ||||
Section 5. Volunteer firefighter; when termination of | ||||
employment prohibited.
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(a) No public or private employer may terminate an employee | ||||
who is a
volunteer
firefighter because the employee, when | ||||
acting as a volunteer firefighter, 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
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employment.
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(b) An employer may charge, against the employee's regular | ||||
pay, any time
that
an
employee who is a
volunteer firefighter | ||||
loses from employment because of the employee's
response to an | ||||
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 | ||||
firefighter 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 firefighter, 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 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 firefighter 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 firefighter must make a reasonable effort | ||
to notify his
or
her employer that he or she may be absent or | ||
late.
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Section 10. Employer's violation; civil action. An | ||
employee who is
terminated
in
violation of this
Act may bring a | ||
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 | ||
position, payment of
back wages, reinstatement of fringe | ||
benefits, and, where seniority rights are
granted, | ||
reinstatement of seniority rights. The employee must commence | ||
such an
action within one year
after the date of the employer's | ||
violation.
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Section 15. Home rule powers. A home rule unit may not | ||
regulate employment
in
a manner inconsistent with the | ||
regulation by the State of employment under this
Act.
This | ||
Section is a limitation under subsection (i) of Section 6 of | ||
Article VII
of the Illinois
Constitution on the concurrent | ||
exercise by home rule units of powers and
functions
exercised | ||
by the State.
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Section 20. Applicability. This Act applies only to | ||
municipalities with a population of 3,500 or less. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||