senate Bill S6368A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2012 referred to ways and means
returned to assembly
repassed senate
Jun 04, 2012 amended on third reading 6368a
vote reconsidered - restored to third reading
Jun 04, 2012 returned to senate
recalled from assembly
Mar 19, 2012 referred to labor
delivered to assembly
passed senate
Mar 06, 2012 advanced to third reading
Mar 05, 2012 2nd report cal.
Mar 01, 2012 1st report cal.260
Feb 01, 2012 referred to labor

Votes

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Mar 1, 2012 - Labor committee Vote

S6368
14
0
committee
14
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S6368 - Bill Details

See Assembly Version of this Bill:
A9210A
Current Committee:
Law Section:
Labor Law
Laws Affected:
Add §202-l, Lab L

S6368 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S6368

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 state of emergency declared by the federal or state
governments.

SUMMARY OF PROVISIONS:
Section 1 provides that a volunteer
firefighter or ambulance worker shall be deemed to have an authorized
leave of absence from his or her regular place of employment when
engaged in the actual performance of his or her duties as an
emergency responder pursuant to a state of emergency as declared by
the federal or state government. The entire period of the absence
shall be excused leave and not charged against any other leave to
which such employee is entitled and the head of a fire department or
ambulance service will certify to such service, when requested to do
so by an employer.

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 loss of employment while providing these services.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
Immediately.

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

                                  6368

                            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

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. AUTHORIZED ABSENCE. 1. EVERY PERSON WHO  IS  A  MEMBER  OF  A
VOLUNTEER FIRE DEPARTMENT OR A VOLUNTEER AMBULANCE SQUAD SHALL BE DEEMED
TO  HAVE AN AUTHORIZED LEAVE FROM HIS OR HER REGULAR PLACE OF EMPLOYMENT
WHEN ENGAGED IN THE ACTUAL PERFORMANCE OF HIS OR HER DUTIES AS AN  EMER-
GENCY  RESPONDER  PURSUANT  TO  A  STATE OF EMERGENCY AS DECLARED BY THE
FEDERAL OR STATE GOVERNMENT.
  2. THE ENTIRE PERIOD OF THE AUTHORIZED  ABSENCE  GRANTED  PURSUANT  TO
THIS SECTION SHALL BE EXCUSED LEAVE AND SHALL NOT BE CHARGED AGAINST ANY
OTHER LEAVE TO WHICH SUCH EMPLOYEE IS ENTITLED.
  3.  UPON REQUEST, THE EMPLOYEE MUST PROVIDE THE EMPLOYER WITH A STATE-
MENT FROM THE HEAD OF THE VOLUNTEER FIREFIGHTER OR  VOLUNTEER  AMBULANCE
SERVICE,  AS  APPLICABLE,  STATING THE PERIOD OF TIME OR TIMES THAT SAID
EMPLOYEE RESPONDED TO A STATE OF EMERGENCY PURSUANT TO THIS SECTION.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14337-01-2

S6368A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9210A
Current Committee:
Law Section:
Labor Law
Laws Affected:
Add §202-l, Lab L

S6368A (ACTIVE) - Bill Texts

view 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.

view 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.

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                    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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