As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. 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
SENATORS DiDONATO-LATELL-BRADY-WATTS-CARNES-HAGAN-HARRIS- 18
MUMPER-NEIN-OELSLAGER-PRENTISS-WACHTMANN-FINGERHUT-HERINGTON- 19
McLIN-ESPY-WHITE-ARMBRUSTER-DRAKE-GARDNER-BLESSING 20
_________________________________________________________________ 22
A B I L L
To enact section 4113.41 of the Revised Code to 24
prohibit an employer from terminating an employee 25
who is a volunteer firefighter or a volunteer 26
provider of emergency medical services when that 27
employee misses or is late to work because of an 28
emergency to which the employee was dispatched as 29
a volunteer firefighter or volunteer provider of 30
emergency medical services. 31
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That section 4113.41 of the Revised Code be 35
enacted to read as follows: 36
Sec. 4113.41. (A) NO EMPLOYER SHALL TERMINATE AN EMPLOYEE 39
WHO IS A MEMBER OF A VOLUNTEER FIRE DEPARTMENT, OR WHO IS 40
EMPLOYED BY A POLITICAL SUBDIVISION OF THIS STATE AS A VOLUNTEER
2
FIREFIGHTER, OR WHO IS A VOLUNTEER PROVIDER OF EMERGENCY MEDICAL 41
SERVICES BECAUSE THAT EMPLOYEE, WHEN ACTING AS A VOLUNTEER 43
FIREFIGHTER OR A VOLUNTEER PROVIDER OF EMERGENCY MEDICAL 44
SERVICES, IS ABSENT FROM OR LATE TO THE EMPLOYEE'S EMPLOYMENT IN 45
ORDER TO RESPOND TO AN EMERGENCY PRIOR TO THE TIME THE EMPLOYEE 46
IS TO REPORT TO WORK. AN EMPLOYER MAY CHARGE ANY TIME THAT AN
EMPLOYEE WHO IS A VOLUNTEER FIREFIGHTER OR A VOLUNTEER PROVIDER 47
OF EMERGENCY MEDICAL SERVICES LOSES FROM EMPLOYMENT BECAUSE OF 48
THE EMPLOYEE'S RESPONSE TO AN EMERGENCY AGAINST THE EMPLOYEE'S 49
REGULAR PAY.
(B) AN EMPLOYEE WHO IS A VOLUNTEER FIREFIGHTER OR 52
VOLUNTEER PROVIDER OF EMERGENCY MEDICAL SERVICES SHALL DO ALL OF 53
THE FOLLOWING: 54
(1) NOT LATER THAN THIRTY DAYS AFTER RECEIVING 56
CERTIFICATION AS A VOLUNTEER FIREFIGHTER OR A VOLUNTEER PROVIDER 57
OF EMERGENCY SERVICES, SUBMIT TO THE EMPLOYEE'S EMPLOYER A 58
WRITTEN NOTIFICATION SIGNED BY THE CHIEF OF THE VOLUNTEER FIRE 59
DEPARTMENT WITH WHICH THE EMPLOYEE SERVES, OR THE MEDICAL 60
DIRECTOR OR CHIEF ADMINISTRATOR OF THE COOPERATING PHYSICIAN 61
ADVISORY BOARD OF THE EMERGENCY MEDICAL ORGANIZATION WITH WHICH 63
THE EMPLOYEE SERVES, TO NOTIFY THE EMPLOYER OF THE EMPLOYEE'S
STATUS AS A VOLUNTEER FIREFIGHTER OR VOLUNTEER PROVIDER OF 64
EMERGENCY SERVICES; 65
(2) MAKE EVERY EFFORT TO NOTIFY THE EMPLOYEE'S EMPLOYER 67
THAT THE EMPLOYEE MAY REPORT LATE TO OR BE ABSENT FROM WORK DUE 68
TO THE EMPLOYEE'S DISPATCH TO AN EMERGENCY. 69
IF NOTIFICATION OF DISPATCH TO AN EMERGENCY CANNOT BE MADE 71
EITHER DUE TO THE EXTREME CIRCUMSTANCES OF THE EMERGENCY OR THE 72
INABILITY TO CONTACT THE EMPLOYER, THEN THE EMPLOYEE SHALL SUBMIT 73
TO THE EMPLOYEE'S EMPLOYER A WRITTEN EXPLANATION FROM THE CHIEF 74
OF THE VOLUNTEER FIRE DEPARTMENT WITH WHICH THE EMPLOYEE SERVES, 75
OR THE MEDICAL DIRECTOR OR CHIEF ADMINISTRATOR OF THE COOPERATING 76
PHYSICIAN ADVISORY BOARD OF THE EMERGENCY MEDICAL SERVICE 77
ORGANIZATION WITH WHICH THE EMPLOYEE SERVES, AS APPLICABLE, TO 78
3
EXPLAIN WHY PRIOR NOTICE WAS NOT GIVEN. 79
(C) AT THE EMPLOYER'S REQUEST, AN EMPLOYEE WHO LOSES TIME 82
FROM THE EMPLOYEE'S EMPLOYMENT TO RESPOND TO AN EMERGENCY SHALL 83
PROVIDE THE EMPLOYER WITH A WRITTEN STATEMENT FROM THE CHIEF OF 84
THE VOLUNTEER FIRE DEPARTMENT OR THE MEDICAL DIRECTOR OR CHIEF
ADMINISTRATOR OF THE COOPERATING PHYSICIAN ADVISORY BOARD OF THE 86
EMERGENCY MEDICAL SERVICE ORGANIZATION, AS APPLICABLE, STATING 87
THAT THE EMPLOYEE RESPONDED TO AN EMERGENCY AND LISTING THE TIME 88
OF THAT RESPONSE.
(D) AN EMPLOYEE WHO IS A MEMBER OF A VOLUNTEER FIRE 90
DEPARTMENT, OR WHO IS EMPLOYED BY A POLITICAL SUBDIVISION OF THIS 91
STATE AS A VOLUNTEER FIREFIGHTER, OR WHO IS A VOLUNTEER PROVIDER 92
OF EMERGENCY MEDICAL SERVICES SHALL NOTIFY THAT EMPLOYEE'S 93
EMPLOYER WHEN THE EMPLOYEE'S STATUS AS A VOLUNTEER FIREFIGHTER OR 94
VOLUNTEER PROVIDER OF EMERGENCY MEDICAL SERVICES CHANGES, 95
INCLUDING WHEN THE EMPLOYEE'S STATUS AS A VOLUNTEER FIREFIGHTER
OR VOLUNTEER PROVIDER OF EMERGENCY MEDICAL SERVICES IS 96
TERMINATED.
(E) IF AN EMPLOYER PURPOSELY VIOLATES DIVISION (A) OF THIS 99
SECTION, THE EMPLOYEE MAY BRING A CIVIL ACTION FOR REINSTATEMENT 100
TO THE EMPLOYEE'S FORMER POSITION OF EMPLOYMENT, PAYMENT OF BACK 101
WAGES, AND FULL REINSTATEMENT OF FRINGE BENEFITS AND SENIORITY 103
RIGHTS. AN ACTION TO ENFORCE THIS SECTION SHALL BE COMMENCED 104
WITHIN ONE YEAR AFTER THE DATE OF THE VIOLATION IN THE COURT OF
COMMON PLEAS OF THE COUNTY WHERE THE PLACE OF EMPLOYMENT IS 105
LOCATED.
(F) AS USED IN THIS SECTION: 107
(1) "EMERGENCY" MEANS GOING TO, ATTENDING TO, OR COMING 109
FROM A FIRE, HAZARDOUS OR TOXIC MATERIALS SPILL AND CLEANUP, 110
MEDICAL EMERGENCY, OR OTHER SITUATION THAT POSES AN IMMINENT 111
THREAT OF LOSS OF LIFE OR PROPERTY TO WHICH THE FIRE DEPARTMENT 112
OR PROVIDER OF EMERGENCY MEDICAL SERVICES HAS BEEN OR LATER COULD 113
BE DISPATCHED. 114
(2) "EMERGENCY MEDICAL SERVICES" AND "EMERGENCY MEDICAL 116
4
SERVICE ORGANIZATION" HAVE THE SAME MEANINGS AS IN SECTION 117
4765.01 OF THE REVISED CODE.
(3) "VOLUNTEER FIREFIGHTER" HAS THE SAME MEANING AS IN 119
SECTION 146.01 OF THE REVISED CODE. 120
Section 2. (A) Within thirty days after the effective 122
date of this act, the State Fire Marshal shall notify every 123
volunteer fire department and every volunteer emergency medical 124
organization of the provisions contained in this act. 125
(B) Not later than thirty days after the State Fire 127
Marshal provides the notification required under division (A) of 128
this section to the volunteer fire department or volunteer 129
emergency medical organization with which a volunteer firefighter 130
or volunteer provider of emergency medical services serves, each
employee who is a volunteer firefighter or volunteer provider of 131
emergency medical services serving with that department or 132
organization shall submit to the employee's employer a written 133
notification signed by the chief of the volunteer fire department 134
with which the employee serves or the medical director or chief 135
administrator of the cooperating physician advisory board of the 136
volunteer emergency medical organization with which the employee
serves, to notify the employer of the employee's status as a 137
volunteer firefighter or volunteer provider of emergency 138
services.