Illinois has enacted HB 1353 (Public Act 104-0581), amending the Volunteer Emergency Worker Job Protection Act to expand employment protections for volunteer emergency workers. The law becomes effective January 1, 2027.
The amendments broaden the circumstances under which employees are protected and place new restrictions on employer responses to absences related to volunteer emergency service.
Protections Extended to Required Training
Prior law primarily protected volunteer emergency workers who were absent from work or late to work because they were responding to an emergency.
Beginning January 1, 2027, those protections will also apply when a volunteer emergency worker is participating in required training associated with their volunteer emergency services.
The amendment recognizes that training is an essential component of volunteer emergency response activities and extends statutory protections beyond emergency call-outs.
Employers May Not Penalize Workers
The law strengthens employee protections by broadening the prohibition on adverse employment actions.
Under the amended statute, employers may not terminate or penalize an employee because the employee:
- Responds to an emergency as a volunteer emergency worker; or
- Participates in required volunteer emergency worker training.
This expands the law beyond protection from termination alone and may encompass other forms of adverse treatment or discipline.
New Restrictions on Use of Vacation or Compensatory Time
The amendments also prohibit employers from requiring employees to use vacation time or compensatory time to respond to an emergency or attend required volunteer emergency worker training.
This change provides volunteer emergency workers greater flexibility to perform emergency service obligations without being forced to exhaust accrued leave benefits.
Municipal Employer Exemption Expanded
HB 1353 also modifies the law’s municipal exemption.
Previously, the Act did not apply to municipalities with populations of 7,500 or more. The amendment raises that threshold to 15,000 or more, expanding the number of municipalities that may fall outside the statute’s coverage.
Employers Impacted
The law is particularly relevant for:
- Illinois employers that employ volunteer firefighters, emergency medical personnel, rescue workers, and similar emergency volunteers;
- Public and private employers with employees who participate in emergency response organizations; and
- Employers with attendance, discipline, or leave policies that may affect volunteer emergency workers.
Employer Takeaway
Before January 1, 2027, Illinois employers should review attendance, discipline, leave, and emergency response policies to ensure compliance with the expanded protections. Employers should be aware that volunteer emergency workers are now protected not only when responding to emergencies, but also when attending required training, and that adverse employment actions based on those activities may expose employers to liability.