S T A T E   O F   N E W   Y O R K
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                                  5943

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2013
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
  Committee on Local Governments

AN ACT to amend the volunteer firefighters' benefit law,  the  volunteer
  ambulance  workers'  benefit  law  and the labor law, in relation to a
  leave of absence for volunteer emergency responder training

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Paragraph d of subdivision 1 of section 5 of the volunteer
firefighters'  benefit  law,  as  amended  by chapter 161 of the laws of
1983, is amended to read as follows:
  d. While, within this country or in Canada and pursuant to  orders  or
authorization, instructing or being instructed in fire duties, attending
a training school or course of instruction for firemen, ATTENDING TRAIN-
ING PURSUANT TO SECTION TWO HUNDRED TWO-1 OF THE LABOR LAW, or attending
or  participating  in  any  noncompetitive  training  program, including
necessary travel directly connected  therewith,  as  well  as  necessary
travel to and necessary travel returning from such activity.
  S 2.  Paragraph d of subdivision 1 of section 5 of the volunteer ambu-
lance workers' benefit law is amended to read as follows:
  d.  While,  within this country or in Canada and pursuant to orders or
authorization, instructing or  being  instructed  in  ambulance  duties,
attending a training school or course of instruction for ambulance work-
ers,  ATTENDING  TRAINING  PURSUANT  TO SECTION TWO HUNDRED TWO-1 OF THE
LABOR LAW, or attending or participating in any noncompetitive  training
program, including necessary travel directly connected therewith.
  S 3. 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 RESPONDER TRAINING
GRANTED TO EMPLOYEES. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06183-02-3

              

A. 5943                             2

  (A) "EMPLOYEE" MEANS A PERSON WHO PERFORMS SERVICES FOR  HIRE  FOR  AN
EMPLOYER,  FOR AN AVERAGE OF TWENTY OR MORE HOURS PER WEEK, AND INCLUDES
ALL INDIVIDUALS EMPLOYED AT ANY SITE OWNED OR OPERATED  BY  AN  EMPLOYER
BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR.
  (B)  "EMPLOYER"  MEANS  A PERSON OR ENTITY THAT EMPLOYS TWENTY OR MORE
EMPLOYEES AT AT LEAST ONE SITE AND INCLUDES AN INDIVIDUAL,  CORPORATION,
PARTNERSHIP,  ASSOCIATION,  NONPROFIT  ORGANIZATION,  GROUP  OF PERSONS,
STATE, COUNTY, TOWN, CITY, SCHOOL DISTRICT, PUBLIC  AUTHORITY  OR  OTHER
GOVERNMENTAL SUBDIVISION OF ANY KIND.
  (C) "VOLUNTEER EMERGENCY RESPONDER" MEANS AN ACTIVE MEMBER OF A VOLUN-
TEER FIRE COMPANY AND/OR A VOLUNTARY AMBULANCE SERVICE AS SUCH TERMS ARE
DEFINED IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW.
  2.  AN  EMPLOYER  MUST  EITHER,  AT ITS OPTION: (A) GRANT SIX HOURS OF
LEAVE OF ABSENCE IN ANY TWELVE MONTH PERIOD TO AN EMPLOYEE  THAT  IS  AN
ACTIVE VOLUNTEER EMERGENCY RESPONDER WHO SEEKS TO OBTAIN VOLUNTEER FIRE-
FIGHTER OR VOLUNTEER AMBULANCE WORKER  TRAINING; PROVIDED THAT THE LEAVE
OF  ABSENCE  MAY NOT EXCEED SIX HOURS, UNLESS OTHERWISE AGREED TO BY THE
EMPLOYER, AND MUST COMPLY  WITH  THE  REQUIREMENTS  ESTABLISHED  BY  THE
COMMISSIONER  UNDER  SUBDIVISION  FIVE OF THIS SECTION; OR (B) ALLOW ITS
EMPLOYEES WITHOUT USE OF ACCUMULATED  LEAVE  TIME  TO  OBTAIN  VOLUNTEER
FIREFIGHTER  OR VOLUNTEER AMBULANCE WORKER TRAINING DURING WORK HOURS AT
LEAST TWO TIMES PER YEAR AT A CONVENIENT  TIME  AND  PLACE  SET  BY  THE
EMPLOYER.
  3.  AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR REQUESTING
OR OBTAINING A LEAVE OF ABSENCE UNDER THIS SECTION.
  4. THIS SECTION SHALL NOT PREVENT AN EMPLOYER FROM PROVIDING LEAVE FOR
VOLUNTEER FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER TRAINING IN ADDITION
TO LEAVE ALLOWED UNDER ANY OTHER PROVISION OF LAW.  THIS  SECTION  SHALL
NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT TO ANY OTHER EMPLOYEE BENE-
FIT OTHERWISE PROVIDED BY LAW.
  5. THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH ANY
NECESSARY  GUIDELINES,  INCLUDING  REQUIREMENTS  FOR NOTICE, REQUEST AND
APPROVAL OF LEAVE, AND DOCUMENTATION, FOR THE TIMELY  IMPLEMENTATION  OF
THE PROGRAM.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.