VOLUNTEER EMERGENCY WORKERS

Illinois General Assembly - Full Text of HB1353

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Full Text of HB1353

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HB1353 - 104th General Assembly

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House Amendment 001

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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

HB1353 Enrolled
- 2 -
LRB104 05894 RTM 15925 b
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

HB1353 Enrolled
- 3 -
LRB104 05894 RTM 15925 b
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)

HB1353 Enrolled
- 4 -
LRB104 05894 RTM 15925 b
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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