As Reported by the Senate Insurance, Commerce 2
and Labor Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 203 6
1999-2000 7
REPRESENTATIVES WILSON-OGG-TAYLOR-MAIER-PATTON-GARDNER- 9
JERSE-CORBIN-KRUPINSKI-BRITTON-FORD-KREBS-METELSKY- 10
PRINGLE-DePIERO-PADGETT-OLMAN-LOGAN-BARRETT-OPFER- 11
THOMAS-TERWILLEGER-ALLEN-JOLIVETTE-SULLIVAN-JAMES- 13
D. MILLER-VERICH-DISTEL-SUTTON-SULZER-BENDER-REDFERN-
EVANS-BUCHY-CAREY-O'BRIEN-FLANNERY-WILLAMOWSKI-ROBERTS- 14
HOLLISTER-PERRY-HARTNETT-BRADING-DAMSCHRODER-SCHULER- 15
FERDERBER-VESPER-TIBERI-JONES-GRENDELL-METTLER-METZGER- 16
GOODING-HOOPS-ROMAN-HOUSEHOLDER-CALLENDER-CATES-HOOD- 17
GERBERRY-AUSTRIA-ASLANIDES-STAPLETON-STEVENS-HEALY-SALERNO- 18
SENATORS DiDONATO-LATELL-BRADY-WATTS 19
_________________________________________________________________ 21
A B I L L
To enact section 4113.41 of the Revised Code to 23
prohibit an employer from terminating an employee 24
who is a volunteer firefighter or a volunteer 25
provider of emergency medical services when that 26
employee misses or is late to work because of an 27
emergency to which the employee was dispatched as 28
a volunteer firefighter or volunteer provider of 29
emergency medical services. 30
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That section 4113.41 of the Revised Code be 34
enacted to read as follows: 35
Sec. 4113.41. (A) NO EMPLOYER SHALL TERMINATE AN EMPLOYEE 38
WHO IS A MEMBER OF A VOLUNTEER FIRE DEPARTMENT, OR WHO IS 39
EMPLOYED BY A POLITICAL SUBDIVISION OF THIS STATE AS A VOLUNTEER
FIREFIGHTER, OR WHO IS A VOLUNTEER PROVIDER OF EMERGENCY MEDICAL 40
2
SERVICES BECAUSE THAT EMPLOYEE, WHEN ACTING AS A VOLUNTEER 42
FIREFIGHTER OR A VOLUNTEER PROVIDER OF EMERGENCY MEDICAL 43
SERVICES, IS ABSENT FROM OR LATE TO THE EMPLOYEE'S EMPLOYMENT IN 44
ORDER TO RESPOND TO AN EMERGENCY PRIOR TO THE TIME THE EMPLOYEE 45
IS TO REPORT TO WORK. AN EMPLOYER MAY CHARGE ANY TIME THAT AN
EMPLOYEE WHO IS A VOLUNTEER FIREFIGHTER OR A VOLUNTEER PROVIDER 46
OF EMERGENCY MEDICAL SERVICES LOSES FROM EMPLOYMENT BECAUSE OF 47
THE EMPLOYEE'S RESPONSE TO AN EMERGENCY AGAINST THE EMPLOYEE'S 48
REGULAR PAY.
(B) AN EMPLOYEE WHO IS A VOLUNTEER FIREFIGHTER OR 51
VOLUNTEER PROVIDER OF EMERGENCY MEDICAL SERVICES SHALL DO ALL OF 52
THE FOLLOWING: 53
(1) NOT LATER THAN THIRTY DAYS AFTER RECEIVING 55
CERTIFICATION AS A VOLUNTEER FIREFIGHTER OR A VOLUNTEER PROVIDER 56
OF EMERGENCY SERVICES, SUBMIT TO THE EMPLOYEE'S EMPLOYER A 57
WRITTEN NOTIFICATION SIGNED BY THE CHIEF OF THE VOLUNTEER FIRE 58
DEPARTMENT WITH WHICH THE EMPLOYEE SERVES, OR THE MEDICAL 59
DIRECTOR OR CHIEF ADMINISTRATOR OF THE COOPERATING PHYSICIAN 60
ADVISORY BOARD OF THE EMERGENCY MEDICAL ORGANIZATION WITH WHICH 62
THE EMPLOYEE SERVES, TO NOTIFY THE EMPLOYER OF THE EMPLOYEE'S
STATUS AS A VOLUNTEER FIREFIGHTER OR VOLUNTEER PROVIDER OF 63
EMERGENCY SERVICES; 64
(2) MAKE EVERY EFFORT TO NOTIFY THE EMPLOYEE'S EMPLOYER 66
THAT THE EMPLOYEE MAY REPORT LATE TO OR BE ABSENT FROM WORK DUE 67
TO THE EMPLOYEE'S DISPATCH TO AN EMERGENCY. 68
IF NOTIFICATION OF DISPATCH TO AN EMERGENCY CANNOT BE MADE 70
EITHER DUE TO THE EXTREME CIRCUMSTANCES OF THE EMERGENCY OR THE 71
INABILITY TO CONTACT THE EMPLOYER, THEN THE EMPLOYEE SHALL SUBMIT 72
TO THE EMPLOYEE'S EMPLOYER A WRITTEN EXPLANATION FROM THE CHIEF 73
OF THE VOLUNTEER FIRE DEPARTMENT WITH WHICH THE EMPLOYEE SERVES, 74
OR THE MEDICAL DIRECTOR OR CHIEF ADMINISTRATOR OF THE COOPERATING 75
PHYSICIAN ADVISORY BOARD OF THE EMERGENCY MEDICAL SERVICE 76
ORGANIZATION WITH WHICH THE EMPLOYEE SERVES, AS APPLICABLE, TO 77
EXPLAIN WHY PRIOR NOTICE WAS NOT GIVEN. 78
3
(C) AT THE EMPLOYER'S REQUEST, AN EMPLOYEE WHO LOSES TIME 81
FROM THE EMPLOYEE'S EMPLOYMENT TO RESPOND TO AN EMERGENCY SHALL 82
PROVIDE THE EMPLOYER WITH A WRITTEN STATEMENT FROM THE CHIEF OF 83
THE VOLUNTEER FIRE DEPARTMENT OR THE MEDICAL DIRECTOR OR CHIEF
ADMINISTRATOR OF THE COOPERATING PHYSICIAN ADVISORY BOARD OF THE 85
EMERGENCY MEDICAL SERVICE ORGANIZATION, AS APPLICABLE, STATING 86
THAT THE EMPLOYEE RESPONDED TO AN EMERGENCY AND LISTING THE TIME 87
OF THAT RESPONSE.
(D) AN EMPLOYEE WHO IS A MEMBER OF A VOLUNTEER FIRE 89
DEPARTMENT, OR WHO IS EMPLOYED BY A POLITICAL SUBDIVISION OF THIS 90
STATE AS A VOLUNTEER FIREFIGHTER, OR WHO IS A VOLUNTEER PROVIDER 91
OF EMERGENCY MEDICAL SERVICES SHALL NOTIFY THAT EMPLOYEE'S 92
EMPLOYER WHEN THE EMPLOYEE'S STATUS AS A VOLUNTEER FIREFIGHTER OR 93
VOLUNTEER PROVIDER OF EMERGENCY MEDICAL SERVICES CHANGES, 94
INCLUDING WHEN THE EMPLOYEE'S STATUS AS A VOLUNTEER FIREFIGHTER
OR VOLUNTEER PROVIDER OF EMERGENCY MEDICAL SERVICES IS 95
TERMINATED.
(E) IF AN EMPLOYER PURPOSELY VIOLATES DIVISION (A) OF THIS 98
SECTION, THE EMPLOYEE MAY BRING A CIVIL ACTION FOR REINSTATEMENT 99
TO THE EMPLOYEE'S FORMER POSITION OF EMPLOYMENT, PAYMENT OF BACK 100
WAGES, AND FULL REINSTATEMENT OF FRINGE BENEFITS AND SENIORITY 102
RIGHTS. AN ACTION TO ENFORCE THIS SECTION SHALL BE COMMENCED 103
WITHIN ONE YEAR AFTER THE DATE OF THE VIOLATION IN THE COURT OF
COMMON PLEAS OF THE COUNTY WHERE THE PLACE OF EMPLOYMENT IS 104
LOCATED.
(F) AS USED IN THIS SECTION: 106
(1) "EMERGENCY" MEANS GOING TO, ATTENDING TO, OR COMING 108
FROM A FIRE, HAZARDOUS OR TOXIC MATERIALS SPILL AND CLEANUP, 109
MEDICAL EMERGENCY, OR OTHER SITUATION THAT POSES AN IMMINENT 110
THREAT OF LOSS OF LIFE OR PROPERTY TO WHICH THE FIRE DEPARTMENT 111
OR PROVIDER OF EMERGENCY MEDICAL SERVICES HAS BEEN OR LATER COULD 112
BE DISPATCHED. 113
(2) "EMERGENCY MEDICAL SERVICES" AND "EMERGENCY MEDICAL 115
SERVICE ORGANIZATION" HAVE THE SAME MEANINGS AS IN SECTION 116
4
4765.01 OF THE REVISED CODE.
(3) "VOLUNTEER FIREFIGHTER" HAS THE SAME MEANING AS IN 118
SECTION 146.01 OF THE REVISED CODE. 119
Section 2. (A) Within thirty days after the effective 121
date of this act, the State Fire Marshal shall notify every 122
volunteer fire department and every volunteer emergency medical 123
organization of the provisions contained in this act. 124
(B) Not later than thirty days after the State Fire 126
Marshal provides the notification required under division (A) of 127
this section to the volunteer fire department or volunteer 128
emergency medical organization with which a volunteer firefighter 129
or volunteer provider of emergency medical services serves, each
employee who is a volunteer firefighter or volunteer provider of 130
emergency medical services serving with that department or 131
organization shall submit to the employee's employer a written 132
notification signed by the chief of the volunteer fire department 133
with which the employee serves or the medical director or chief 134
administrator of the cooperating physician advisory board of the 135
volunteer emergency medical organization with which the employee
serves, to notify the employer of the employee's status as a 136
volunteer firefighter or volunteer provider of emergency 137
services.