Public Act 093-1027

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Public Act 093-1027

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Public Act 1027 93RD GENERAL ASSEMBLY 







 

 		


Public Act 093-1027
 		





HB4851 Enrolled
LRB093 15018 MKM 40589 b






    AN ACT in relation to employment. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 1. Short title.  This Act may be cited as the 
Volunteer Firefighter
Job
Protection Act.



 
    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.


    (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

employment.


    (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

volunteer firefighter.


    (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

the
volunteer fire department stating that the employee 
responded to an emergency
and stating the time and date of the 
emergency.


    (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.



 
    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.

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.



 
    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.

 
    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.



                                    

                                

                            

                        

                    

                

            

                

            


            

                

                    Effective Date: 8/25/2004