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Assembly Bill A9210A

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 - In Assembly Committee

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Bill Amendments

co-Sponsors

2011-A9210 - Details

See Senate Version of this Bill:
S6368
Current Committee:
Assembly Rules
Law Section:
Labor Law
Laws Affected:
Add §202-l, Lab L
Versions Introduced in 2013-2014 Legislative Session:
A4099, S1604

2011-A9210 - 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.

2011-A9210 - Bill Text download pdf 

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

                                  9210

                          I N  A S S E M B L Y

                            February 3, 2012
                               ___________

Introduced by M. of A. THIELE -- read once and referred 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

co-Sponsors

multi-Sponsors

2011-A9210A (ACTIVE) - Details

See Senate Version of this Bill:
S6368
Current Committee:
Assembly Rules
Law Section:
Labor Law
Laws Affected:
Add §202-l, Lab L
Versions Introduced in 2013-2014 Legislative Session:
A4099, S1604

2011-A9210A (ACTIVE) - 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.

2011-A9210A (ACTIVE) - Bill Text download pdf 

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

                                 9210--A

                          I N  A S S E M B L Y

                            February 3, 2012
                               ___________

Introduced  by  M.  of  A.  THIELE,  GOODELL,  GUNTHER  -- read once and
  referred to the Committee  on  Labor  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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.

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