As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 203 5
1999-2000 6
REPRESENTATIVES WILSON-OGG-TAYLOR-MAIER-PATTON-GARDNER- 8
JERSE-CORBIN-KRUPINSKI-BRITTON-FORD-KREBS-METELSKY- 9
PRINGLE-DePIERO-PADGETT-OLMAN-LOGAN-BARRETT-OPFER- 10
THOMAS-TERWILLEGER-ALLEN-JOLIVETTE-SULLIVAN-JAMES 11
_________________________________________________________________ 12
A B I L L
To enact section 4113.41 of the Revised Code to 14
prohibit an employer from terminating an employee 15
who is a volunteer firefighter or a volunteer 16
provider of emergency medical services when that 17
employee misses or is late to work because of an 18
emergency to which the employee was dispatched as 19
a volunteer firefighter or volunteer provider of 20
emergency medical services. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 4113.41 of the Revised Code be 25
enacted to read as follows: 26
Sec. 4113.41. (A) NO EMPLOYER SHALL TERMINATE AN EMPLOYEE 29
WHO IS A MEMBER OF A VOLUNTEER FIRE DEPARTMENT, OR WHO IS 30
EMPLOYED BY A POLITICAL SUBDIVISION OF THIS STATE AS A VOLUNTEER
FIREFIGHTER, OR WHO IS A VOLUNTEER PROVIDER OF EMERGENCY MEDICAL 31
SERVICES BECAUSE THAT EMPLOYEE, WHEN ACTING AS A VOLUNTEER 33
FIREFIGHTER OR A VOLUNTEER PROVIDER OF EMERGENCY MEDICAL 34
SERVICES, IS ABSENT FROM OR LATE TO THE EMPLOYEE'S EMPLOYMENT IN 35
ORDER TO RESPOND TO AN EMERGENCY PRIOR TO THE TIME THE EMPLOYEE 36
IS TO REPORT TO WORK. AN EMPLOYER MAY CHARGE ANY TIME THAT AN
EMPLOYEE WHO IS A VOLUNTEER FIREFIGHTER OR A VOLUNTEER PROVIDER 37
OF EMERGENCY MEDICAL SERVICES LOSES FROM EMPLOYMENT BECAUSE OF 38
THE EMPLOYEE'S RESPONSE TO AN EMERGENCY AGAINST THE EMPLOYEE'S 39
2
REGULAR PAY.
(B) AT THE EMPLOYER'S REQUEST, AN EMPLOYEE WHO LOSES TIME 42
FROM THE EMPLOYEE'S EMPLOYMENT TO RESPOND TO AN EMERGENCY SHALL 43
PROVIDE THE EMPLOYER WITH A WRITTEN STATEMENT FROM THE CHIEF OF 44
THE VOLUNTEER FIRE DEPARTMENT OR THE MEDICAL DIRECTOR OR
COOPERATING PHYSICIAN ADVISORY BOARD OF THE EMERGENCY MEDICAL 45
SERVICE ORGANIZATION, AS APPLICABLE, STATING THAT THE EMPLOYEE 46
RESPONDED TO AN EMERGENCY AND LISTING THE TIME OF THAT RESPONSE. 47
(C) IF AN EMPLOYER PURPOSELY VIOLATES DIVISION (A) OF THIS 50
SECTION, THE EMPLOYEE MAY BRING A CIVIL ACTION FOR REINSTATEMENT 51
TO THE EMPLOYEE'S FORMER POSITION OF EMPLOYMENT, PAYMENT OF BACK 52
WAGES, AND FULL REINSTATEMENT OF FRINGE BENEFITS AND SENIORITY 54
RIGHTS. AN ACTION TO ENFORCE THIS SECTION SHALL BE COMMENCED 55
WITHIN ONE YEAR AFTER THE DATE OF THE VIOLATION IN THE COURT OF
COMMON PLEAS OF THE COUNTY WHERE THE PLACE OF EMPLOYMENT IS 56
LOCATED.
(D) AS USED IN THIS SECTION: 58
(1) "EMERGENCY" MEANS GOING TO, ATTENDING TO, OR COMING 60
FROM A FIRE, HAZARDOUS OR TOXIC MATERIALS SPILL AND CLEANUP, 61
MEDICAL EMERGENCY, OR OTHER SITUATION TO WHICH THE FIRE 62
DEPARTMENT OR PROVIDER OF EMERGENCY MEDICAL SERVICES HAS BEEN OR 63
LATER COULD BE DISPATCHED. 64
(2) "EMERGENCY MEDICAL SERVICES" AND "EMERGENCY MEDICAL 66
SERVICE ORGANIZATION" HAVE THE SAME MEANINGS AS IN SECTION 67
4765.01 OF THE REVISED CODE.
(3) "VOLUNTEER FIREFIGHTER" HAS THE SAME MEANING AS IN 69
SECTION 146.01 OF THE REVISED CODE. 70