senate Bill S6368A

Relates to authorized leave for volunteer fire department members or volunteer ambulance squad members for states of emergency

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 01 / Feb / 2012
    • REFERRED TO LABOR
  • 01 / Mar / 2012
    • 1ST REPORT CAL.260
  • 05 / Mar / 2012
    • 2ND REPORT CAL.
  • 06 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 19 / Mar / 2012
    • PASSED SENATE
  • 19 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 19 / Mar / 2012
    • REFERRED TO LABOR
  • 04 / Jun / 2012
    • RECALLED FROM ASSEMBLY
  • 04 / Jun / 2012
    • RETURNED TO SENATE
  • 04 / Jun / 2012
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 04 / Jun / 2012
    • AMENDED ON THIRD READING 6368A
  • 12 / Jun / 2012
    • REPASSED SENATE
  • 12 / Jun / 2012
    • RETURNED TO ASSEMBLY
  • 12 / Jun / 2012
    • REFERRED TO WAYS AND MEANS

Summary

Provides authorized leave for volunteer fire department members or volunteer ambulance squad members for states of emergency; leave is deemed excused when a state of emergency is declared by the federal or state government and such person is engaged in the actual performance of his or her duties as an emergency responder; such period of leave shall not be charged against any other leave to which the employee is entitled; the employer may request a statement from the department or service stating the period of time the employee responded to the state of emergency.

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Bill Details

See Assembly Version of this Bill:
A9210A
Versions:
S6368
S6368A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Labor Law
Laws Affected:
Add ยง202-l, Lab L

Sponsor Memo

BILL NUMBER:S6368A

TITLE OF BILL:
An act
to amend the labor law, in relation to authorized absences by members
of volunteer fire departments and volunteer ambulance squads who respond
to states of emergency

PURPOSE:
To provide an authorized leave of absence from a place of
employment for volunteer firefighters and ambulance workers who
respond to a declared state of emergency.

SUMMARY OF PROVISIONS:
Section 1. Amends the Labor Law by adding a new
section 202-l relating to leave of absence for volunteer emergency
responders. It provides that a volunteer firefighter or ambulance
workers may request and shall be granted a leave of absence from his
or her employer while engaged in the actual performance of duties
during a declared state of emergency. The entire period of the
absence shall be excused leave and not charged against any other
leave to which such employee is entitled. The head of a fire
department or ambulance service must certify such service, when
requested to do so by an employer.

Nothing set forth by this section shall be construed to impede,
infringe or diminish the rights and benefits which accrue to
employees through bona fide collective bargaining agreements, or
otherwise diminish the integrity of the existing collective
bargaining relationship. It further prevents an employer from
retaliating against an employee for their service as an enrolled
member of a volunteer fire department or volunteer ambulance squad.

JUSTIFICATION:
Volunteer firefighters and ambulance workers are often
called upon respond to states of emergency that are called by the
state or federal governments.
They perform critical services during these emergencies and are often
away from their places of employment for days at a time, while
serving with members of the National Guard and other responders. This
bill seeks to provide them with protection from retaliation by their
employer for their service as an enrolled member of a volunteer fire
department or volunteer ambulance squad or for obtaining a leave of
absence under this new section.

LEGISLATIVE HISTORY:
New bill, 2012.

FISCAL IMPACT:
Undetermined.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6368--A
    Cal. No. 260

                            I N  S E N A T E

                            February 1, 2012
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor -- reported  favora-
  bly  from  said committee, ordered to first and second report, ordered
  to a third reading, passed by Senate and delivered  to  the  Assembly,
  recalled,  vote  reconsidered,  restored to third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the labor law, in relation  to  authorized  absences  by
  members  of  volunteer fire departments and volunteer ambulance squads
  who respond to states of emergency

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The labor law is amended by adding a new section 202-l to
read as follows:
  S 202-L. LEAVE OF  ABSENCE  FOR  VOLUNTEER  EMERGENCY  RESPONDERS.  1.
DURING THE TIME THAT AN EMERGENCY EXISTS FOLLOWING A DECLARATION OF SUCH
EMERGENCY  PURSUANT TO SECTION TWENTY-FOUR OR TWENTY-EIGHT OF THE EXECU-
TIVE LAW, AN EMPLOYEE MAY REQUEST  AND  SHALL  BE  GRANTED  A  LEAVE  OF
ABSENCE FROM HIS OR HER EMPLOYER WHILE ENGAGED IN THE ACTUAL PERFORMANCE
OF HIS OR HER DUTIES AS, (A) A VOLUNTEER FIREFIGHTER, OR (B) AN ENROLLED
MEMBER  OF  A  VOLUNTEER AMBULANCE SERVICE PURSUANT TO ARTICLE THIRTY OF
THE PUBLIC HEALTH LAW.
  2. THE ENTIRE PERIOD OF THE AUTHORIZED LEAVE OF ABSENCE GRANTED PURSU-
ANT TO THIS SECTION SHALL BE EXCUSED LEAVE  AND  SHALL  NOT  BE  CHARGED
AGAINST ANY OTHER LEAVE TO WHICH SUCH EMPLOYEE IS ENTITLED.
  3.  UPON  THE  EMPLOYER'S  REQUEST, AN EMPLOYEE WHO HAS BEEN GRANTED A
LEAVE OF ABSENCE IN ACCORDANCE WITH THIS SECTION SHALL  PROVIDE  HIS  OR
HER  EMPLOYER  WITH A NOTARIZED STATEMENT FROM THE HEAD OF THE VOLUNTEER
FIRE DEPARTMENT OR VOLUNTEER AMBULANCE SERVICE, AS APPLICABLE,  CERTIFY-
ING  THE  PERIOD  OF  TIME, OR TIMES, THAT SAID EMPLOYEE RESPONDED TO AN
EMERGENCY PURSUANT TO THIS SECTION.
  4. NOTHING SET FORTH IN THIS SECTION SHALL  BE  CONSTRUED  TO  IMPEDE,
INFRINGE  OR  DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE  DIMIN-
ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14337-03-2

S. 6368--A                          2

  5.  AN  EMPLOYER  SHALL  NOT  RETALIATE  AGAINST AN EMPLOYEE FOR THEIR
SERVICE AS AN ENROLLED MEMBER OF A VOLUNTEER FIRE DEPARTMENT  OR  VOLUN-
TEER  AMBULANCE  SQUAD  OR  FOR  OBTAINING A LEAVE OF ABSENCE UNDER THIS
SECTION.
  S 2. This act shall take effect immediately.

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