BILL NUMBER:A9856

TITLE  OF BILL:  An act to amend the labor law, in relation to prohibit-
ing 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 employ-
ment 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 author-
ized 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 SO 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.

LEGISLATIVE HISTORY: New 2010.

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE DATE: This act shall take effect immediately.