Senate Bill S6213

2013-2014 Legislative Session

Relates to leave of absence time for volunteer emergency responder training

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Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to labor

co-Sponsors

2013-S6213 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §202-l, Lab L

2013-S6213 (ACTIVE) - Summary

Requires certain employers to grant leave of absence time for volunteer emergency responder training.

2013-S6213 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6213

TITLE OF BILL:  An act to amend the labor law, in relation to a leave
of absence for volunteer emergency responder training

PURPOSE:

To require certain employers to provide six hours of authorized leave
from work for volunteer emergency responder training.

SUMMARY OF PROVISIONS:

Sections 1 adds a new section to the labor law that requires certain
employers to provide six hours of authorized leave time for active
volunteer emergency responders to obtain volunteer firefighter or
ambulance worker training.

Section 2 of the bill is the effective date.

JUSTIFICATION:

Volunteer firefighters and volunteer ambulance workers risk their
lives to ensure the safety, health and welfare of our citizens. Our
communities depend on the services they provide on a daily basis and
especially in times of crisis. However, the number of volunteer
emergency responders in our communities is dwindling. One of the

reasons for the decline in volunteers is simply a matter of time -
hours of training are needed to become a volunteer emergency responder
and to maintain those credentials.

By providing a modest amount of time for these brave individuals to
obtain appropriate training, this bill will encourage individuals to
continue their volunteer activities. This bill may also encourage
individuals who would not ordinarily consider volunteering to begin to
do so. Importantly, this bill also provides options and flexibility to
employers by allowing employers to set convenient times and places for
such training. The balance struck in this bill will help ensure that
volunteer responders continue to provide the highest levels of service
possible, while simultaneously providing employers with the ability to
ensure that productivity is not compromised at the workplace.

Under current law, employees are entitled to authorized absences for
blood donation to ensure adequate blood supply for life-saving
surgical procedures. Because of the life-saving services provided by
our volunteer emergency responders, a modest authorized absence
benefit should also be provided for volunteer emergency responder
training.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:


This act shall take effect the 90th day after it shall have become
law.

2013-S6213 (ACTIVE) - Bill Text download pdf

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

                                  6213

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 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. The labor law is amended by adding a new section  202-1  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:
  (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

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

                                                           LBD13398-01-3

S. 6213                             2

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  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S6213

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

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co-Sponsors

2013-S6213 (ACTIVE) - Details

2013-S6213 (ACTIVE) - Summary

2013-S6213 (ACTIVE) - Sponsor Memo

2013-S6213 (ACTIVE) - Bill Text download pdf

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Sponsored By

George D. Maziarz

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

co-Sponsors

Malcolm Smith

2013-S6213 (ACTIVE) - Details

2013-S6213 (ACTIVE) - Summary

2013-S6213 (ACTIVE) - Sponsor Memo

2013-S6213 (ACTIVE) - Bill Text download pdf

Comments