BILL NUMBER:  S4988

 TITLE OF BILL :  An act to amend the labor law, in relation to
prohibiting an employer from terminating an employee who also 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

 PURPOSE :  The legislation is designed to ensure volunteer
firefighters and EMS responders won't lose their paying jobs simply
because they were late or missed work while performing their duties.

 SUMMARY OF PROVISIONS :  Section 1. The labor law is amended by
adding a new section 202-1 to read as follows:

Section 202-1. Authorized absence. 1. If an employee is absent from or
late to his or her employment due to his or her engaging in the actual
performance of his or her duties as (a) volunteer firefighter, or (b)
an enrolled member of a volunteer ambulance service pursuant to
article thirty of the public health law, an employer shall be
prohibited from terminating such employee solely on the basis of such
absence or lateness.

2. The entire period of the authorized absence may be charged against
any other leave such employee is otherwise entitled to, and such
authorized absence shall include travel both to and from such duties
              

performed in his or her capacity as a volunteer. At the employer's
request the employee must provide the employer with a statement from
the head of the volunteer firefighter or volunteer ambulance service,
as applicable, stating the employee responded to an emergency at the
time of such response.

3. In the event that the employee does not have accrued time to offset
any time lost in an emergency response the employer must either, at
its option; (a) grant at least three hours of authorized absence in
any twelve month period to an employee who has engaged in a volunteer
response or (b) allow its employees without use of accumulated leave
time an authorized absence for volunteer response during work hours at
least two times per calendar year.

4. The commissioner is hereby authorized to establish any necessary
guidelines, including requirements for documentation of the emergency
response, validation of accrued leave, and the conditions of dismissal
and procedures for an employee to seek reinstatement and reimbursement
if dismissed on the basis of an authorized absence.

 JUSTIFICATION :  There are numerous examples of Volunteers being
discharged on the basis of tardiness or absenteeism even though the
response was bona fide and in response to a dispatch from the Chief or
appropriate person in charge.

The threat of losing a job has a chilling effect on response at a time
when more that than 80 percent of New York State's geography is
covered by volunteer response. Volunteers are frontline first
responders and cannot be replaced without enormous cost to local
governments at a time when the State is in the throes of a budget
crisis.

The bill has several employer protections. It requires verification
from a commanding officer that the volunteer was duly dispatched. It
allows for absences to be charged against employee's accrued leave. It
allows for verification of the timeline for the response.

Eight states including Ohio, Illinois and California have passed
statues to protect their volunteers. Daytime response has become
critical, and attracting and retaining volunteers has become a daily
challenge for local Fire Companies. Volunteers should not have to
choose between their job and protecting their community.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :  None.

 EFFECTIVE DATE :  This act shall take effect immediately.