BILL NUMBER:S1660

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

Section 202-1. Authorized absence. I. 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 riot 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 axe 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.

PRIOR LEGISLATIVE HISTORY: A.9856/5.4988 - Veto
6791 of 2010 S. 3305
of 2011-2012 Referred to Senate Labor Committee

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.