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:

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) 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 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.

(C) 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 REGULAR 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.

(D) 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.

(E) 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 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.