senate Bill S7111B

Signed by Governor

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 by Governor
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actions

  • 28 / Apr / 2014
    • REFERRED TO LABOR
  • 27 / May / 2014
    • AMEND AND RECOMMIT TO LABOR
  • 27 / May / 2014
    • PRINT NUMBER 7111A
  • 30 / May / 2014
    • AMEND AND RECOMMIT TO LABOR
  • 30 / May / 2014
    • PRINT NUMBER 7111B
  • 10 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 10 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1269
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 17 / Jun / 2014
    • SUBSTITUTED FOR A9849A
  • 17 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.330
  • 18 / Jun / 2014
    • PASSED ASSEMBLY
  • 18 / Jun / 2014
    • RETURNED TO SENATE
  • 11 / Sep / 2014
    • DELIVERED TO GOVERNOR
  • 23 / Sep / 2014
    • SIGNED CHAP.393

Summary

Provides authorized leave for volunteer fire department members or volunteer ambulance squad members for states of emergency; deems leave is 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; provides such period of leave shall not be charged against any other leave to which the employee is entitled; allows the employer to 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:
A9849A
Versions:
S7111
S7111A
S7111B
Legislative Cycle:
2013-2014
Law Section:
Labor Law
Laws Affected:
Add ยง202-l, Lab L
Versions Introduced in 2011-2012 Legislative Cycle:
A9210A

Sponsor Memo

BILL NUMBER:S7111B

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 SPECIFIC PROVISIONS: Section 1. Amends the Labor Law by
adding a new section 202-1 relating to leave of absence for volunteer
emergency responders. Would allow an employee to request and be
granted a leave of absence if that person is a volunteer firefighter
or enrolled member of a volunteer ambulance service and ambulance
workers who respond to a declared state of emergency during a state of
emergency. This section also allows for a waiver if the employee's
absence would impose an undue hardship on the employer's business.

This section also states that an employer must have previously been
provided written documentation regarding the employee's volunteer
membership, as well as stating that the individual must be performing
services related to the declared emergency and that the employer may
request a notarized statement. This section further states that the
leave is unpaid, or may be charged against any other leave the
employee is entitled.

Section 2 is the effective date.

JUSTIFICATION: Volunteer firefighters and ambulance workers are often
called upon to 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.

PRIOR LEGISLATIVE HISTORY: S. 6366A Passed Senate in 2012; S.1604 Veto
No. 274 of 2013.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the 90th day.

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

                                 7111--B

                            I N  S E N A T E

                             April 28, 2014
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

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 UNLESS THE EMPLOYER DETERMINES THAT THE EMPLOYEE'S
ABSENCE WOULD IMPOSE AN UNDUE HARDSHIP ON THE CONDUCT OF THE  EMPLOYER'S
BUSINESS  AS  DEFINED BY PARAGRAPH (D) OF SUBDIVISION TEN OF SECTION TWO
HUNDRED NINETY-SIX OF THE EXECUTIVE LAW.
  2. SUBDIVISION ONE OF THIS SECTION SHALL APPLY ONLY WHEN:
  (A) THE EMPLOYER HAS PREVIOUSLY RECEIVED  WRITTEN  DOCUMENTATION  FROM
THE  HEAD  OF  THE  EMPLOYEE'S  FIRE  DEPARTMENT  OR VOLUNTEER AMBULANCE
SERVICE, AS APPLICABLE, NOTIFYING THE EMPLOYER OF THE EMPLOYEE'S  STATUS
AS  A  VOLUNTEER FIREFIGHTER OR MEMBER OF A VOLUNTEER AMBULANCE SERVICE;
OR
  (B) THE EMPLOYEE'S DUTIES AS A VOLUNTEER FIREFIGHTER OR  MEMBER  OF  A
VOLUNTEER AMBULANCE SERVICE ARE RELATED TO THE DECLARED EMERGENCY.
  3. THE ENTIRE PERIOD OF THE AUTHORIZED LEAVE OF ABSENCE GRANTED PURSU-
ANT  TO  THIS SECTION SHALL EITHER BE UNPAID EXCUSED LEAVE FOR EMPLOYEES
WHO ARE SUBJECT TO THE OVERTIME PROVISIONS OF THIS CHAPTER, THE  FEDERAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04717-04-4

S. 7111--B                          2

FAIR  LABOR STANDARDS ACT AND REGULATIONS PROMULGATED THEREUNDER, OR MAY
OTHERWISE BE CHARGED AGAINST ANY OTHER LEAVE TO WHICH SUCH  EMPLOYEE  IS
ENTITLED, AS DETERMINED BY THE EMPLOYEE.
  4.  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 ANY
EMERGENCY PURSUANT TO THIS SECTION.
  5. 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.
  6. AS USED IN THIS SECTION, EMPLOYER DOES NOT INCLUDE THE STATE. NOTH-
ING  SET FORTH IN THIS SECTION SHALL BE CONSTRUED AS SUPERSEDING, LIMIT-
ING, OR OTHERWISE AFFECTING THE PROVISIONS OF  SECTION  EIGHTY-TWO-A  OF
THE  CIVIL  SERVICE  LAW,  PROVIDING  FOR AUTHORIZED ABSENCES FOR PUBLIC
OFFICERS AND EMPLOYEES OF THE STATE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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