As Reported by House Commerce and Labor Committee 1
123rd General Assembly 4
Regular Session Am. 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- 12
D. MILLER-VERICH-DISTEL
_________________________________________________________________ 13
A B I L L
To enact section 4113.41 of the Revised Code to 15
prohibit an employer from terminating an employee 16
who is a volunteer firefighter or a volunteer 17
provider of emergency medical services when that 18
employee misses or is late to work because of an 19
emergency to which the employee was dispatched as 20
a volunteer firefighter or volunteer provider of 21
emergency medical services. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That section 4113.41 of the Revised Code be 26
enacted to read as follows: 27
Sec. 4113.41. (A) NO EMPLOYER SHALL TERMINATE AN EMPLOYEE 30
WHO IS A MEMBER OF A VOLUNTEER FIRE DEPARTMENT, OR WHO IS 31
EMPLOYED BY A POLITICAL SUBDIVISION OF THIS STATE AS A VOLUNTEER
FIREFIGHTER, OR WHO IS A VOLUNTEER PROVIDER OF EMERGENCY MEDICAL 32
SERVICES BECAUSE THAT EMPLOYEE, WHEN ACTING AS A VOLUNTEER 34
FIREFIGHTER OR A VOLUNTEER PROVIDER OF EMERGENCY MEDICAL 35
SERVICES, IS ABSENT FROM OR LATE TO THE EMPLOYEE'S EMPLOYMENT IN 36
ORDER TO RESPOND TO AN EMERGENCY PRIOR TO THE TIME THE EMPLOYEE 37
IS TO REPORT TO WORK. AN EMPLOYER MAY CHARGE ANY TIME THAT AN
EMPLOYEE WHO IS A VOLUNTEER FIREFIGHTER OR A VOLUNTEER PROVIDER 38
OF EMERGENCY MEDICAL SERVICES LOSES FROM EMPLOYMENT BECAUSE OF 39
2
THE EMPLOYEE'S RESPONSE TO AN EMERGENCY AGAINST THE EMPLOYEE'S 40
REGULAR PAY.
(B) AT THE EMPLOYER'S REQUEST, AN EMPLOYEE WHO LOSES TIME 43
FROM THE EMPLOYEE'S EMPLOYMENT TO RESPOND TO AN EMERGENCY SHALL 44
PROVIDE THE EMPLOYER WITH A WRITTEN STATEMENT FROM THE CHIEF OF 45
THE VOLUNTEER FIRE DEPARTMENT OR THE MEDICAL DIRECTOR OR
COOPERATING PHYSICIAN ADVISORY BOARD OF THE EMERGENCY MEDICAL 46
SERVICE ORGANIZATION, AS APPLICABLE, STATING THAT THE EMPLOYEE 47
RESPONDED TO AN EMERGENCY AND LISTING THE TIME OF THAT RESPONSE. 48
(C) AN EMPLOYEE WHO IS A MEMBER OF A VOLUNTEER FIRE 50
DEPARTMENT, OR WHO IS EMPLOYED BY A POLITICAL SUBDIVISION OF THIS 51
STATE AS A VOLUNTEER FIREFIGHTER, OR WHO IS A VOLUNTEER PROVIDER 52
OF EMERGENCY MEDICAL SERVICES SHALL NOTIFY THAT EMPLOYEE'S 53
REGULAR EMPLOYER WHEN THE EMPLOYEE'S STATUS AS A VOLUNTEER 54
FIREFIGHTER OR VOLUNTEER PROVIDER OF EMERGENCY MEDICAL SERVICES
CHANGES, INCLUDING WHEN THE EMPLOYEE'S STATUS AS A VOLUNTEER 55
FIREFIGHTER OR VOLUNTEER PROVIDER OF EMERGENCY MEDICAL SERVICES 56
IS TERMINATED.
(D) IF AN EMPLOYER PURPOSELY VIOLATES DIVISION (A) OF THIS 59
SECTION, THE EMPLOYEE MAY BRING A CIVIL ACTION FOR REINSTATEMENT 60
TO THE EMPLOYEE'S FORMER POSITION OF EMPLOYMENT, PAYMENT OF BACK 61
WAGES, AND FULL REINSTATEMENT OF FRINGE BENEFITS AND SENIORITY 63
RIGHTS. AN ACTION TO ENFORCE THIS SECTION SHALL BE COMMENCED 64
WITHIN ONE YEAR AFTER THE DATE OF THE VIOLATION IN THE COURT OF
COMMON PLEAS OF THE COUNTY WHERE THE PLACE OF EMPLOYMENT IS 65
LOCATED.
(E) AS USED IN THIS SECTION: 67
(1) "EMERGENCY" MEANS GOING TO, ATTENDING TO, OR COMING 69
FROM A FIRE, HAZARDOUS OR TOXIC MATERIALS SPILL AND CLEANUP, 70
MEDICAL EMERGENCY, OR OTHER SITUATION TO WHICH THE FIRE 71
DEPARTMENT OR PROVIDER OF EMERGENCY MEDICAL SERVICES HAS BEEN OR 72
LATER COULD BE DISPATCHED. 73
(2) "EMERGENCY MEDICAL SERVICES" AND "EMERGENCY MEDICAL 75
SERVICE ORGANIZATION" HAVE THE SAME MEANINGS AS IN SECTION 76
3
4765.01 OF THE REVISED CODE.
(3) "VOLUNTEER FIREFIGHTER" HAS THE SAME MEANING AS IN 78
SECTION 146.01 OF THE REVISED CODE. 79