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(65 ILCS 5/10-3-12)
(from Ch. 24, par. 10-3-12)
(a) A fireman who is an elected state officer of a
statewide labor organization that is a representative of municipal firemen
in Illinois shall be granted leave by the municipality, without loss of pay
or benefits and without being required to make up for lost time,
for work hours devoted to performing the fireman's responsibilities
as an elected state officer of the statewide labor organization;
provided that the elected officer has arranged for a fireman from the same
municipality who is qualified to perform the absent fireman's duties
to work for those hours. This Section shall not apply to any municipality
with a population of 1,000,000 or more.
(b) The statewide labor organization shall, by May 1 of each year:
(1) designate 4 elected state officers, whose right
to leave while carrying out their duties for the organization shall be limited to 20 shifts per officer per year (for years beginning May 1 and ending April 30); and
(2) notify each municipality that is the employer of
an elected state officer to whom this Section applies, identifying the elected state officer, and indicating whether the officer is one of those limited to 20 shifts per year.
(c) The regulation of leave for a fireman who is employed by a
municipality with a population of less than 1,000,000 and who is an elected
state officer of a statewide labor organization in Illinois, while he is
performing the duties of that office, is an exclusive power and function of
the State. Pursuant to subsection (h) of Section 6 of Article VII of the
Illinois Constitution, a home rule municipality with a population of less
than 1,000,000 may not regulate the leave of a fireman for work hours
devoted to the fireman's responsibilities as an elected state officer of a
statewide labor organization. This Section is a denial and limitation of
home rule powers.
(d) For the purposes of this Section:
"Statewide labor organization" means an organization representing
firefighters employed by at least 85 municipalities in this State, that is
affiliated with the Illinois State Federation of Labor.
"Elected state officer" means a full-time firefighter who is one of the
9 top elected officers of the statewide labor organization.
(Source: P.A. 101-81, eff. 7-12-19.)