Bill Text: IL HB1353 | 2025-2026 | 104th General Assembly | Introduced


Bill Title: Amends the Volunteer Emergency Worker Job Protection Act. Provides that employment protections for volunteer emergency workers apply to volunteer emergency workers participating in required training, including a prohibition on termination and penalizing (rather than only termination). Provides that the employer may not require the employee to take vacation time or other compensatory time in order to respond to an emergency or participate in training. Provides that the Act does not apply to any employer that is a municipality with a population of 15,000 or more (currently 7,500 or more). Makes conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-14 - Filed with the Clerk by Rep. Brandun Schweizer [HB1353 Detail]

Download: Illinois-2025-HB1353-Introduced.html

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1353

Introduced , by Rep. Brandun Schweizer

SYNOPSIS AS INTRODUCED:
50 ILCS 748/5
50 ILCS 748/10
50 ILCS 748/20

Amends the Volunteer Emergency Worker Job Protection Act. Provides that employment protections for volunteer emergency workers apply to volunteer emergency workers participating in required training, including a prohibition on termination and penalizing (rather than only termination). Provides that the employer may not require the employee to take vacation time or other compensatory time in order to respond to an emergency or participate in training. Provides that the Act does not apply to any employer that is a municipality with a population of 15,000 or more (currently 7,500 or more). Makes conforming changes.
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A BILL FOR

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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Volunteer Emergency Worker Job Protection
5Act is amended by changing Sections 5, 10, and 20 as follows:
6 (50 ILCS 748/5)
7 Sec. 5. Volunteer emergency worker; when termination of
8employment prohibited.
9 (a) No public or private employer may terminate or
10penalize an employee who is a volunteer emergency worker
11because the employee, when acting as a volunteer emergency
12worker, is absent from or late to his or her employment in
13order to respond to an emergency prior to the time the employee
14is to report to his or her place of employment or is
15participating in training that the employee is required to
16participate in as a volunteer emergency worker.
17 (a-5) A public or private employer shall not discipline an
18employee who is a volunteer emergency worker if the employee,
19in the scope of acting as a volunteer emergency worker,
20responds to an emergency phone call or text message during
21work hours that requests the person's volunteer emergency
22services. This subsection (a-5) does not apply to a person
23employed by a public or private vehicle service provider and

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1who is in the course of performing services as Emergency
2Medical Services personnel as defined in Section 3.5 of the
3Emergency Medical Services (EMS) Systems Act. This subsection
4(a-5) shall not diminish or supersede an employer's written
5workplace policy, a collective bargaining agreement,
6administrative guidelines, or other applicable written rules
7administered by the employer. Existing written policies
8governing the use of cell phones shall prevail and control.
9 (b) An employer may charge, against the employee's regular
10pay, any time that an employee who is a volunteer emergency
11worker loses from employment because of the employee's
12response to an emergency in the course of performing his or her
13duties as a volunteer emergency worker or participation in
14training that the employee is required to participate in as a
15volunteer emergency worker. The employer may not require the
16employee to take vacation time or other compensatory time in
17order to respond to an emergency or participate in training.
18 (c) In the case of an employee who is a volunteer emergency
19worker and who loses time from his or her employment in order
20to respond to an emergency in the course of performing his or
21her duties as a volunteer emergency worker or participate in
22training that the employee is required to participate in as a
23volunteer emergency worker, the employer has the right to
24request the employee to provide the employer with a written
25statement from the supervisor or acting supervisor of the
26volunteer fire department or governmental entity that the

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1volunteer emergency worker serves stating that the employee
2responded to an emergency and stating the time and date of the
3emergency.
4 (d) An employee who is a volunteer emergency worker and
5who may be absent from or late to his or her employment in
6order to respond to an emergency in the course of performing
7his or her duties as a volunteer emergency worker or
8participate in training that the employee is required to
9participate in as a volunteer emergency worker must make a
10reasonable effort to notify his or her employer that he or she
11may be absent or late.
12(Source: P.A. 100-324, eff. 1-1-18.)
13 (50 ILCS 748/10)
14 Sec. 10. Employer's violation; civil action. An employee
15who is terminated, penalized, or disciplined in violation of
16this Act may bring a civil action against his or her employer
17who violated this Act. The employee may seek reinstatement to
18his or her former position, payment of back wages,
19reinstatement of fringe benefits, and, where seniority rights
20are granted, reinstatement of seniority rights. The employee
21must commence such an action within one year after the date of
22the employer's violation.
23(Source: P.A. 93-1027, eff. 8-25-04.)
24 (50 ILCS 748/20)

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