As Passed by the House 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-SUTTON-SULZER-BENDER-REDFERN-
EVANS-BUCHY-CAREY-O'BRIEN-FLANNERY-WILLAMOWSKI-ROBERTS- 13
HOLLISTER-PERRY-HARTNETT-BRADING-DAMSCHRODER-SCHULER- 14
FERDERBER-VESPER-TIBERI-JONES-GRENDELL-METTLER-METZGER- 15
GOODING-HOOPS-ROMAN-HOUSEHOLDER-CALLENDER-CATES-HOOD- 16
GERBERRY-AUSTRIA-ASLANIDES-STAPLETON-STEVENS-HEALY-SALERNO 17
_________________________________________________________________ 18
A B I L L
To enact section 4113.41 of the Revised Code to 20
prohibit an employer from terminating an employee 21
who is a volunteer firefighter or a volunteer 22
provider of emergency medical services when that 23
employee misses or is late to work because of an 24
emergency to which the employee was dispatched as 25
a volunteer firefighter or volunteer provider of 26
emergency medical services. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That section 4113.41 of the Revised Code be 31
enacted to read as follows: 32
Sec. 4113.41. (A) NO EMPLOYER SHALL TERMINATE AN EMPLOYEE 35
WHO IS A MEMBER OF A VOLUNTEER FIRE DEPARTMENT, OR WHO IS 36
EMPLOYED BY A POLITICAL SUBDIVISION OF THIS STATE AS A VOLUNTEER
FIREFIGHTER, OR WHO IS A VOLUNTEER PROVIDER OF EMERGENCY MEDICAL 37
SERVICES BECAUSE THAT EMPLOYEE, WHEN ACTING AS A VOLUNTEER 39
FIREFIGHTER OR A VOLUNTEER PROVIDER OF EMERGENCY MEDICAL 40
2
SERVICES, IS ABSENT FROM OR LATE TO THE EMPLOYEE'S EMPLOYMENT IN 41
ORDER TO RESPOND TO AN EMERGENCY PRIOR TO THE TIME THE EMPLOYEE 42
IS TO REPORT TO WORK. AN EMPLOYER MAY CHARGE ANY TIME THAT AN
EMPLOYEE WHO IS A VOLUNTEER FIREFIGHTER OR A VOLUNTEER PROVIDER 43
OF EMERGENCY MEDICAL SERVICES LOSES FROM EMPLOYMENT BECAUSE OF 44
THE EMPLOYEE'S RESPONSE TO AN EMERGENCY AGAINST THE EMPLOYEE'S 45
REGULAR PAY.
(B) AN EMPLOYEE WHO IS A VOLUNTEER FIREFIGHTER OR 48
VOLUNTEER PROVIDER OF EMERGENCY MEDICAL SERVICE SHALL DO ALL OF
THE FOLLOWING: 49
(1) NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF 51
THIS SECTION OR NOT LATER THAN THIRTY DAYS AFTER RECEIVING 52
CERTIFICATION AS A VOLUNTEER FIREFIGHTER OR A VOLUNTEER PROVIDER 53
OF EMERGENCY SERVICES, SUBMIT TO THE EMPLOYEE'S EMPLOYER A 54
WRITTEN NOTIFICATION SIGNED BY THE CHIEF OF THE VOLUNTEER FIRE 55
DEPARTMENT OR THE MEDICAL DIRECTOR OF THE EMERGENCY MEDICAL 56
ORGANIZATION WITH WHICH THE EMPLOYEE SERVES TO NOTIFY THE 57
EMPLOYER OF THE EMPLOYEE'S STATUS AS A VOLUNTEER FIREFIGHTER OR 58
VOLUNTEER PROVIDER OF EMERGENCY SERVICES; 59
(2) MAKE EVERY EFFORT TO NOTIFY THE EMPLOYEE'S EMPLOYER 61
THAT THE EMPLOYEE MAY REPORT LATE TO WORK DUE TO THE EMPLOYEE'S 62
DISPATCH TO AN EMERGENCY. 63
IF NOTIFICATION OF DISPATCH TO AN EMERGENCY CANNOT BE MADE 65
EITHER DUE TO THE EXTREME CIRCUMSTANCES OF THE EMERGENCY OR THE 66
INABILITY TO CONTACT THE EMPLOYER, THEN THE EMPLOYEE SHALL SUBMIT 67
TO THE EMPLOYEE'S EMPLOYER A WRITTEN EXPLANATION FROM THE CHIEF 68
OF THE VOLUNTEER FIRE DEPARTMENT FOR WHICH THE EMPLOYEE SERVES, 69
OR THE MEDICAL DIRECTOR OF THE EMERGENCY MEDICAL SERVICE 70
ORGANIZATION FOR WHICH THE EMPLOYEE SERVES, TO EXPLAIN WHY PRIOR 71
NOTICE WAS NOT GIVEN. 72
(C) AT THE EMPLOYER'S REQUEST, AN EMPLOYEE WHO LOSES TIME 75
FROM THE EMPLOYEE'S EMPLOYMENT TO RESPOND TO AN EMERGENCY SHALL 76
PROVIDE THE EMPLOYER WITH A WRITTEN STATEMENT FROM THE CHIEF OF 77
THE VOLUNTEER FIRE DEPARTMENT OR THE MEDICAL DIRECTOR OR
3
COOPERATING PHYSICIAN ADVISORY BOARD OF THE EMERGENCY MEDICAL 78
SERVICE ORGANIZATION, AS APPLICABLE, STATING THAT THE EMPLOYEE 79
RESPONDED TO AN EMERGENCY AND LISTING THE TIME OF THAT RESPONSE. 80
(D) AN EMPLOYEE WHO IS A MEMBER OF A VOLUNTEER FIRE 82
DEPARTMENT, OR WHO IS EMPLOYED BY A POLITICAL SUBDIVISION OF THIS 83
STATE AS A VOLUNTEER FIREFIGHTER, OR WHO IS A VOLUNTEER PROVIDER 84
OF EMERGENCY MEDICAL SERVICES SHALL NOTIFY THAT EMPLOYEE'S 85
REGULAR EMPLOYER WHEN THE EMPLOYEE'S STATUS AS A VOLUNTEER 86
FIREFIGHTER OR VOLUNTEER PROVIDER OF EMERGENCY MEDICAL SERVICES
CHANGES, INCLUDING WHEN THE EMPLOYEE'S STATUS AS A VOLUNTEER 87
FIREFIGHTER OR VOLUNTEER PROVIDER OF EMERGENCY MEDICAL SERVICES 88
IS TERMINATED.
(E) IF AN EMPLOYER PURPOSELY VIOLATES DIVISION (A) OF THIS 91
SECTION, THE EMPLOYEE MAY BRING A CIVIL ACTION FOR REINSTATEMENT 92
TO THE EMPLOYEE'S FORMER POSITION OF EMPLOYMENT, PAYMENT OF BACK 93
WAGES, AND FULL REINSTATEMENT OF FRINGE BENEFITS AND SENIORITY 95
RIGHTS. AN ACTION TO ENFORCE THIS SECTION SHALL BE COMMENCED 96
WITHIN ONE YEAR AFTER THE DATE OF THE VIOLATION IN THE COURT OF
COMMON PLEAS OF THE COUNTY WHERE THE PLACE OF EMPLOYMENT IS 97
LOCATED.
(F) AS USED IN THIS SECTION: 99
(1) "EMERGENCY" MEANS GOING TO, ATTENDING TO, OR COMING 101
FROM A FIRE, HAZARDOUS OR TOXIC MATERIALS SPILL AND CLEANUP, 102
MEDICAL EMERGENCY, OR OTHER SITUATION THAT POSES AN IMMINENT 103
THREAT TO THE LOSS OF LIFE OR PROPERTY TO WHICH THE FIRE 104
DEPARTMENT OR PROVIDER OF EMERGENCY MEDICAL SERVICES HAS BEEN OR 105
LATER COULD BE DISPATCHED. 106
(2) "EMERGENCY MEDICAL SERVICES" AND "EMERGENCY MEDICAL 108
SERVICE ORGANIZATION" HAVE THE SAME MEANINGS AS IN SECTION 109
4765.01 OF THE REVISED CODE.
(3) "VOLUNTEER FIREFIGHTER" HAS THE SAME MEANING AS IN 111
SECTION 146.01 OF THE REVISED CODE. 112
Section 2. Within thirty days after the effective date of 114
this act, the State Fire Marshal shall notify every volunteer 115
4
fire department and every volunteer emergency medical 116
organization of the provisions contained in this act. 117