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92_HB2221eng
HB2221 Engrossed LRB9204514WHcs
1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Volunteer Firefighter Leave of Absence Act.
6 Section 5. Definition. As used in this Act, "volunteer
7 firefighter" has the meaning ascribed to the term "volunteer
8 fireman" in Section 2 of the Law Enforcement Officers, Civil
9 Defense Workers, Civil Air Patrol Members, Paramedics,
10 Firemen, Chaplains, and State Employee Compensation Act.
11 Section 10. Temporary leaves of absence. An employee who
12 is a volunteer firefighter, and works for an employer
13 employing 50 or more employees, shall be permitted to take
14 temporary leaves of absence, not to exceed an aggregate of 14
15 days per calendar year, for the purpose of engaging in fire
16 or law enforcement training, except for a school district
17 employee who was offered the chance to attend annual training
18 at a time when school is not in session but chose instead to
19 train during the school session.
20 Section 15. Enforcement. An employee who works for an
21 employer employing 50 or more employees who is discharged,
22 threatened with discharge, demoted, suspended, or in any
23 other manner discriminated against in the terms and
24 conditions of employment by his or her employer because the
25 employee has taken time off to engage in fire or law
26 enforcement training as provided in Section 10 is entitled to
27 reinstatement and reimbursement for lost wages and work
28 benefits caused by the acts of the employer.
29 An employee seeking reinstatement and reimbursement under
HB2221 Engrossed -2- LRB9204514WHcs
1 this Act may, within 30 days after the alleged violation
2 occurs, apply to the Director of Labor for reinstatement and
3 reimbursement. A copy of the application shall be sent to the
4 person who allegedly committed the violation, who shall be
5 the respondent. Upon receipt of an application, the Director
6 shall cause such investigation to be made as the Director
7 deems appropriate. The investigation shall provide an
8 opportunity for a public hearing at the request of any party
9 to the review to enable the parties to present information
10 relating to the alleged violation. The parties shall be given
11 written notice of the time and place of the hearing at least
12 5 days before the hearing. Upon receiving the report of the
13 investigation, the Director shall make findings of fact. If
14 the Director finds that a violation did occur, he or she
15 shall issue a decision incorporating his or her findings and
16 requiring the party committing the violation to take such
17 affirmative action to abate the violation as the Director
18 deems appropriate. If the Director finds that there was no
19 violation, the Director shall issue an order denying the
20 application. An order issued by the Director under this
21 Section shall be subject to judicial review under the
22 Administrative Review Law.
23 Section 20. Rules. The Director of Labor shall adopt
24 rules implementing this Act in accordance with the Illinois
25 Administrative Procedure Act.
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