senate Bill S1604

Vetoed By Governor
2013-2014 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 - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 18, 2013 vetoed memo.274
Dec 06, 2013 delivered to governor
Jun 18, 2013 returned to senate
passed assembly
ordered to third reading cal.400
substituted for a4099
Jun 03, 2013 referred to ways and means
delivered to assembly
passed senate
May 23, 2013 advanced to third reading
May 22, 2013 2nd report cal.
May 21, 2013 1st report cal.658
Jan 09, 2013 referred to labor

Votes

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Co-Sponsors

S1604 - Bill Details

See Assembly Version of this Bill:
A4099
Law Section:
Labor Law
Laws Affected:
Add ยง202-l, Lab L
Versions Introduced in 2011-2012 Legislative Session:
S6368A, A9210A

S1604 - Bill Texts

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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:S1604

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 SPECIFIC PROVISIONS: Section 1. Amends the
Labor Law by
adding a new section 202-1 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.

PRIOR LEGISLATIVE HISTORY: S. 6366A Passed Senate in
2012

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  1604

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. GRISANTI, MAZIARZ, SEWARD -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04717-01-3

S. 1604                             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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