There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 50 Local Government 50 ILCS 748/ Volunteer Emergency Worker Job Protection Act.
(50 ILCS 748/1)
Sec. 1. Short title. This Act may be cited as the Volunteer Emergency Worker
Job
Protection Act.
(Source: P.A. 93‑1027, eff. 8‑25‑04; 94‑599, eff. 1‑1‑06.) (50 ILCS 748/3)
Sec. 3. Definitions. As used in this Act: "Volunteer emergency worker" 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. "Volunteer emergency worker" also means a person who does not receive monetary compensation for his or her services as a volunteer Emergency Medical Technician (licensed as an EMT‑B, EMT‑I, or EMT‑P under the Emergency Medical Services (EMS) Systems Act), a volunteer ambulance driver or attendant, or a volunteer "First Responder", as defined in Sec. 3.60 of the Emergency Medical Services (EMT) Systems Act, to a fire department, fire protection district, or other governmental entity and who does not work in one of these capacities for any other fire department, fire protection district, or governmental entity 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.
(Source: P.A. 93‑1027, eff. 8‑25‑04; 94‑599, eff. 1‑1‑06.) (50 ILCS 748/5)
Sec. 5. Volunteer emergency worker; when termination of employment prohibited.
(a) No public or private employer may terminate 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.
(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.
(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, 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 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 must make a reasonable effort to notify his
or
her employer that he or she may be absent or late.
(Source: P.A. 93‑1027, eff. 8‑25‑04; 94‑599, eff. 1‑1‑06.)
(50 ILCS 748/10)
Sec. 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.
(Source: P.A. 93‑1027, eff. 8‑25‑04.)
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(50 ILCS 748/15)
Sec. 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.
(Source: P.A. 93‑1027, eff. 8‑25‑04.)
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(50 ILCS 748/20)
Sec. 20. Applicability. This Act does not apply to any employer that is a municipality with a population of 3,500 or more.
(Source: P.A. 93‑1027, eff. 8‑25‑04; 94‑599, eff. 1‑1‑06.)
(50 ILCS 748/99)
Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 93‑1027, eff. 8‑25‑04.)
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