The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. H. B. No. 203 |
REPRESENTATIVES WILSON-OGG-TAYLOR-MAIER-PATTON-GARDNER-
JERSE-CORBIN-KRUPINSKI-BRITTON-FORD-KREBS-METELSKY-
PRINGLE-DePIERO-PADGETT-OLMAN-LOGAN-BARRETT-OPFER-
THOMAS-TERWILLEGER-ALLEN-JOLIVETTE-SULLIVAN-JAMES-
D. MILLER-VERICH-DISTEL-SUTTON-SULZER-BENDER-REDFERN-
EVANS-BUCHY-CAREY-O'BRIEN-FLANNERY-WILLAMOWSKI-ROBERTS-
HOLLISTER-PERRY-HARTNETT-BRADING-DAMSCHRODER-SCHULER-
FERDERBER-VESPER-TIBERI-JONES-GRENDELL-METTLER-METZGER-
GOODING-HOOPS-ROMAN-HOUSEHOLDER-CALLENDER-CATES-HOOD-
GERBERRY-AUSTRIA-ASLANIDES-STAPLETON-STEVENS-HEALY-SALERNO
A BILL
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 SERVICE SHALL DO ALL OF
THE FOLLOWING:
(1) NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION OR 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
OR THE MEDICAL DIRECTOR 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 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 FOR WHICH THE EMPLOYEE SERVES, OR THE
MEDICAL DIRECTOR OF THE EMERGENCY MEDICAL SERVICE ORGANIZATION FOR
WHICH THE EMPLOYEE SERVES, 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 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 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.
(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 TO THE 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. 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.
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