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Public Act 104-0581
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| HB1353 Enrolled | LRB104 05894 RTM 15925 b |
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AN ACT concerning government.
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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 5. The Volunteer Emergency Worker Job Protection |
Act is amended by changing Sections 5, 10, and 20 as follows:
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(50 ILCS 748/5) |
Sec. 5. Volunteer emergency worker; when termination of |
employment prohibited. |
(a) No public or private employer may terminate or |
penalize 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 or is |
participating in training that the employee is required to |
participate in as a volunteer emergency worker. |
(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 |
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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 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 or participation in |
training that the employee is required to participate in as a |
volunteer emergency worker. The employer may not require the |
employee to take vacation time or other compensatory time in |
order to respond to an emergency or participate in training. |
(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 or participate in |
training that the employee is required to participate in 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 the |
volunteer fire department or governmental entity that the |
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volunteer emergency worker serves stating that the employee |
responded to an emergency and stating the time and date of the |
emergency. |
(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 or |
participate in training that the employee is required to |
participate in as a volunteer emergency worker must make a |
reasonable effort to notify his or her employer that he or she |
may be absent or late. |
(Source: P.A. 100-324, eff. 1-1-18.)
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(50 ILCS 748/10) |
Sec. 10. Employer's violation; civil action. An employee |
who is terminated, penalized, or disciplined in violation of |
this Act may bring a civil action against his or her employer |
who violated this Act. 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. |
(Source: P.A. 93-1027, eff. 8-25-04.)
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(50 ILCS 748/20) |