Senate Bill S7111B

Signed By Governor
2013-2014 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-S7111 - Details

See Assembly Version of this Bill:
A9849
Law Section:
Labor Law
Laws Affected:
Add §202-l, Lab L

2013-S7111 - 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.

2013-S7111 - Sponsor Memo

2013-S7111 - Bill Text download pdf

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

                                  7111

                            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

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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

2013-S7111A - Details

See Assembly Version of this Bill:
A9849
Law Section:
Labor Law
Laws Affected:
Add §202-l, Lab L

2013-S7111A - 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.

2013-S7111A - Sponsor Memo

2013-S7111A - Bill Text download pdf

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

                                 7111--A

                            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

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
FAIR LABOR STANDARDS ACT AND REGULATIONS PROMULGATED THEREUNDER, OR  MAY

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

2013-S7111B (ACTIVE) - Details

See Assembly Version of this Bill:
A9849
Law Section:
Labor Law
Laws Affected:
Add §202-l, Lab L

2013-S7111B (ACTIVE) - 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.

2013-S7111B (ACTIVE) - Sponsor Memo

2013-S7111B (ACTIVE) - Bill Text download pdf

                            
                    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.
              

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