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92_HB2221
LRB9204514WHcs
1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Volunteer Firefighter Leave of Absence Act.
6 Section 5. Definition. As used in this Act, "volunteer
7 firefighter" has the meaning ascribed to the term "volunteer
8 fireman" in Section 2 of the Law Enforcement Officers, Civil
9 Defense Workers, Civil Air Patrol Members, Paramedics,
10 Firemen, Chaplains, and State Employee Compensation Act.
11 Section 10. Temporary leaves of absence. An employee who
12 is a volunteer firefighter, and works for an employer
13 employing 50 or more employees, shall be permitted to take
14 temporary leaves of absence, not to exceed an aggregate of 14
15 days per calendar year, for the purpose of engaging in fire
16 or law enforcement training.
17 Section 15. Enforcement. An employee who works for an
18 employer employing 50 or more employees who is discharged,
19 threatened with discharge, demoted, suspended, or in any
20 other manner discriminated against in the terms and
21 conditions of employment by his or her employer because the
22 employee has taken time off to engage in fire or law
23 enforcement training as provided in Section 10 is entitled to
24 reinstatement and reimbursement for lost wages and work
25 benefits caused by the acts of the employer.
26 An employee seeking reinstatement and reimbursement under
27 this Act may, within 30 days after the alleged violation
28 occurs, apply to the Director of Labor for reinstatement and
29 reimbursement. A copy of the application shall be sent to the
-2- LRB9204514WHcs
1 person who allegedly committed the violation, who shall be
2 the respondent. Upon receipt of an application, the Director
3 shall cause such investigation to be made as the Director
4 deems appropriate. The investigation shall provide an
5 opportunity for a public hearing at the request of any party
6 to the review to enable the parties to present information
7 relating to the alleged violation. The parties shall be given
8 written notice of the time and place of the hearing at least
9 5 days before the hearing. Upon receiving the report of the
10 investigation, the Director shall make findings of fact. If
11 the Director finds that a violation did occur, he or she
12 shall issue a decision incorporating his or her findings and
13 requiring the party committing the violation to take such
14 affirmative action to abate the violation as the Director
15 deems appropriate. If the Director finds that there was no
16 violation, the Director shall issue an order denying the
17 application. An order issued by the Director under this
18 Section shall be subject to judicial review under the
19 Administrative Review Law.
20 Section 20. Rules. The Director of Labor shall adopt
21 rules implementing this Act in accordance with the Illinois
22 Administrative Procedure Act.