Ohio § 4113.41

§ 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

services shall do all of the following: (1) 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 with which

the employee serves, or the medical director or chief administrator of the cooperating

physician advisory board 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 or be absent from 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 with which the employee serves, or the medical director

or chief administrator of the cooperating physician advisory board of the emergency

medical service organization with which the employee serves, as applicable, 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 chief administrator

of the 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 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

of 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 .