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An attempt was made to recreate these historic documents. The original text was retained, however, during the process some errors in formatting may have been introduced. The official version of the act may be obtained from the Secretary of State's Office listed above.
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(123rd General Assembly)(Substitute House Bill Number 203)
AN ACT
To enact section 4113.41 of the Revised Code to prohibit an employer from
terminating an employee who is a volunteer firefighter or a
volunteer
provider of emergency medical services when that employee
misses or is late to work because of an emergency to which the employee was
dispatched as a volunteer firefighter or volunteer provider
of emergency
medical services.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 4113.41 of the Revised Code be enacted to read as
follows:
Sec. 4113.41. (A) No employer shall
terminate an employee who is a member of a volunteer fire department, or who
is employed by a political subdivision of this state as a volunteer
firefighter, or who is a volunteer provider of emergency medical services
because
that employee, when acting as a volunteer firefighter or a volunteer provider
of emergency medical services, is absent from or late to the employee's
employment in order to respond to an emergency prior to the time
the employee is to report to work. An employer may charge any time that an
employee who is a volunteer firefighter or a volunteer provider of emergency
medical services loses from employment because of the
employee's response to an emergency against the employee's regular pay. (B) AN EMPLOYEE WHO IS A VOLUNTEER
FIREFIGHTER OR VOLUNTEER PROVIDER OF EMERGENCY MEDICAL SERVICES SHALL DO ALL
OF
THE FOLLOWING: (1) NOT LATER THAN THIRTY DAYS AFTER RECEIVING
CERTIFICATION AS A VOLUNTEER FIREFIGHTER OR A VOLUNTEER PROVIDER
OF EMERGENCY SERVICES, SUBMIT TO THE EMPLOYEE'S EMPLOYER A WRITTEN
NOTIFICATION SIGNED BY THE CHIEF OF THE VOLUNTEER FIRE DEPARTMENT
WITH WHICH THE EMPLOYEE SERVES, OR THE MEDICAL DIRECTOR OR CHIEF ADMINISTRATOR
OF THE COOPERATING PHYSICIAN ADVISORY BOARD OF THE EMERGENCY MEDICAL
ORGANIZATION WITH
WHICH THE EMPLOYEE SERVES, TO NOTIFY THE EMPLOYER OF THE EMPLOYEE'S
STATUS AS A VOLUNTEER FIREFIGHTER OR VOLUNTEER PROVIDER OF
EMERGENCY SERVICES; (2) MAKE EVERY EFFORT TO NOTIFY THE EMPLOYEE'S EMPLOYER THAT THE
EMPLOYEE MAY REPORT LATE TO OR BE ABSENT FROM WORK DUE TO THE EMPLOYEE'S
DISPATCH TO AN EMERGENCY. IF NOTIFICATION OF DISPATCH TO AN EMERGENCY CANNOT BE MADE EITHER
DUE TO THE EXTREME CIRCUMSTANCES OF THE EMERGENCY OR THE INABILITY
TO CONTACT THE EMPLOYER, THEN THE EMPLOYEE SHALL SUBMIT TO THE
EMPLOYEE'S EMPLOYER A WRITTEN EXPLANATION FROM THE CHIEF OF THE
VOLUNTEER FIRE DEPARTMENT WITH WHICH THE EMPLOYEE SERVES, OR THE
MEDICAL DIRECTOR OR CHIEF ADMINISTRATOR OF THE COOPERATING PHYSICIAN ADVISORY
BOARD OF THE EMERGENCY MEDICAL SERVICE ORGANIZATION WITH WHICH THE EMPLOYEE
SERVES, as applicable, to explain why prior notice was not
given. (C) At the employer's request, an
employee who loses time from the employee's employment to respond to an
emergency shall provide the employer with a written statement from the chief
of the volunteer fire department or the medical director or chief
administrator of the cooperating
physician advisory board of the emergency medical service organization, as
applicable, stating that the employee responded to an
emergency and listing the time of that response. (D) An employee who is a member of a volunteer fire department,
or who is employed by a political subdivision of this state as a volunteer
firefighter, or who is a volunteer provider of emergency medical services
shall notify that employee's employer when the employee's status as a
volunteer firefighter or volunteer provider of emergency medical services
changes, including when the employee's status as a volunteer firefighter or
volunteer provider of emergency medical services is terminated. (E) If an employer purposely
violates division (A) of this section, the
employee may bring a civil action for reinstatement to the employee's former
position of employment, payment of back wages, and full reinstatement of
fringe
benefits and seniority rights. An action to enforce this section shall be
commenced within one year after the date of the violation in the court of
common pleas of the county where the place of employment is located. (F) As used in this section: (1) "Emergency" means going to, attending to, or coming from a fire,
hazardous or toxic materials spill and cleanup, medical emergency, or other
situation that poses an imminent threat of loss of life or property to
which the fire department or provider of emergency medical
services has been or later could
be dispatched. (2) "Emergency medical services" and "emergency medical service
organization" have the same meanings as in section 4765.01 of the Revised Code. (3) "Volunteer firefighter" has the same meaning as in section 146.01
of the Revised Code. SECTION 2 . (A) Within thirty days after the effective date of this
act, the State Fire Marshal shall notify every volunteer fire
department and every volunteer emergency medical organization of
the provisions contained in this act.
(B) Not later than thirty days after the State Fire Marshal provides the
notification required under division (A) of this section to the volunteer fire
department or volunteer emergency medical organization with which a volunteer
firefighter or volunteer provider of emergency medical services serves, each
employee who is a volunteer firefighter or volunteer provider of emergency
medical services serving with that department or organization shall submit to
the employee's employer a written notification signed by the chief of the
volunteer fire department with which the employee serves or the medical
director or chief administrator of the cooperating physician advisory board of
the volunteer emergency medical organization with which the employee serves,
to notify the employer of the employee's status as a volunteer firefighter or
volunteer provider of emergency services.
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