senate Bill S7111B

Signed 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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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2014 signed chap.393
Sep 11, 2014 delivered to governor
Jun 18, 2014 returned to senate
passed assembly
Jun 17, 2014 ordered to third reading rules cal.330
substituted for a9849a
Jun 11, 2014 referred to ways and means
delivered to assembly
passed senate
Jun 10, 2014 ordered to third reading cal.1269
committee discharged and committed to rules
May 30, 2014 print number 7111b
amend and recommit to labor
May 27, 2014 print number 7111a
amend and recommit to labor
Apr 28, 2014 referred to labor

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S7111 - Bill Details

See Assembly Version of this Bill:
A9849A
Law Section:
Labor Law
Laws Affected:
Add §202-l, Lab L
Versions Introduced in 2011-2012 Legislative Session:
A9210A

S7111 - Bill Texts

view summary

Provides authorized leave for volunteer fire department members or volunteer ambulance squad members for states of emergency; deems leave is 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; provides such period of leave shall not be charged against any other leave to which the employee is entitled; allows the employer to 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:S7111

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;
S.1604 Veto No. 274 of 2013.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


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

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

                                  7111

                            I N  S E N A T E

                             April 28, 2014
                               ___________

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. 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.

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

S7111A - Bill Details

See Assembly Version of this Bill:
A9849A
Law Section:
Labor Law
Laws Affected:
Add §202-l, Lab L
Versions Introduced in 2011-2012 Legislative Session:
A9210A

S7111A - Bill Texts

view summary

Provides authorized leave for volunteer fire department members or volunteer ambulance squad members for states of emergency; deems leave is 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; provides such period of leave shall not be charged against any other leave to which the employee is entitled; allows the employer to 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:S7111A

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. Would allow an employee to request and be
granted a leave of absence if that person is a volunteer firefighter
or enrolled member of a volunteer ambulance service and ambulance
workers who respond to a declared state of emergency during a state of
emergency. This section also allows for a waiver if the employee's
absence would impose an undue hardship on the employer's business.

This section also states that an employer must have previously been
provide written documentation regarding the employee's volunteer
membership, as well as stating that the individual must be performing
services related to the declared emergency and that the employer may
request a notarized statement. This section further states that the
leave is unpaid, or may be charged against any other leave the
employee is entitled.

Section 2 is the effective date.

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; S.1604 Veto
No. 274 of 2013.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7111--A

                            I N  S E N A T E

                             April 28, 2014
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 UNLESS THE EMPLOYER DETERMINES THAT THE EMPLOYEE'S
ABSENCE  WOULD IMPOSE AN UNDUE HARDSHIP ON THE CONDUCT OF THE EMPLOYER'S
BUSINESS AS DEFINED BY PARAGRAPH (D) OF SUBDIVISION TEN OF  SECTION  TWO
HUNDRED NINETY-SIX OF THE EXECUTIVE LAW.
  2. SUBDIVISION ONE OF THIS SECTION SHALL APPLY ONLY WHEN:
  (A)  THE  EMPLOYER  HAS PREVIOUSLY RECEIVED WRITTEN DOCUMENTATION FROM
THE HEAD OF  THE  EMPLOYEE'S  FIRE  DEPARTMENT  OR  VOLUNTEER  AMBULANCE
SERVICE,  AS APPLICABLE, NOTIFYING THE EMPLOYER OF THE EMPLOYEE'S STATUS
AS A VOLUNTEER FIREFIGHTER OR MEMBER OF A VOLUNTEER  AMBULANCE  SERVICE;
OR
  (B)  THE  EMPLOYEE'S  DUTIES AS A VOLUNTEER FIREFIGHTER OR MEMBER OF A
VOLUNTEER AMBULANCE SERVICE ARE RELATED TO THE DECLARED EMERGENCY.
  3. THE ENTIRE PERIOD OF THE AUTHORIZED LEAVE OF ABSENCE GRANTED PURSU-
ANT TO THIS SECTION SHALL EITHER BE UNPAID EXCUSED LEAVE  FOR  EMPLOYEES
WHO  ARE SUBJECT TO THE OVERTIME PROVISIONS OF THIS CHAPTER, THE FEDERAL
FAIR LABOR STANDARDS ACT AND REGULATIONS PROMULGATED THEREUNDER, OR  MAY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04717-02-4

S. 7111--A                          2

OTHERWISE  BE  CHARGED AGAINST ANY OTHER LEAVE TO WHICH SUCH EMPLOYEE IS
ENTITLED, AS DETERMINED BY THE EMPLOYER.
  4.  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 ANY
EMERGENCY PURSUANT TO THIS SECTION.
  5. 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.
  6. AS USED IN THIS SECTION, EMPLOYER DOES NOT INCLUDE THE STATE. NOTH-
ING  SET FORTH IN THIS SECTION SHALL BE CONSTRUED AS SUPERSEDING, LIMIT-
ING, OR OTHERWISE AFFECTING THE PROVISIONS OF  SECTION  EIGHTY-TWO-A  OF
THE  CIVIL  SERVICE  LAW,  PROVIDING  FOR AUTHORIZED ABSENCES FOR PUBLIC
OFFICERS AND EMPLOYEES OF THE STATE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

S7111B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9849A
Law Section:
Labor Law
Laws Affected:
Add §202-l, Lab L
Versions Introduced in 2011-2012 Legislative Session:
A9210A

S7111B (ACTIVE) - Bill Texts

view summary

Provides authorized leave for volunteer fire department members or volunteer ambulance squad members for states of emergency; deems leave is 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; provides such period of leave shall not be charged against any other leave to which the employee is entitled; allows the employer to 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:S7111B

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. Would allow an employee to request and be
granted a leave of absence if that person is a volunteer firefighter
or enrolled member of a volunteer ambulance service and ambulance
workers who respond to a declared state of emergency during a state of
emergency. This section also allows for a waiver if the employee's
absence would impose an undue hardship on the employer's business.

This section also states that an employer must have previously been
provided written documentation regarding the employee's volunteer
membership, as well as stating that the individual must be performing
services related to the declared emergency and that the employer may
request a notarized statement. This section further states that the
leave is unpaid, or may be charged against any other leave the
employee is entitled.

Section 2 is the effective date.

JUSTIFICATION: Volunteer firefighters and ambulance workers are often
called upon to 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; S.1604 Veto
No. 274 of 2013.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the 90th day.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7111--B

                            I N  S E N A T E

                             April 28, 2014
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

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 UNLESS THE EMPLOYER DETERMINES THAT THE EMPLOYEE'S
ABSENCE WOULD IMPOSE AN UNDUE HARDSHIP ON THE CONDUCT OF THE  EMPLOYER'S
BUSINESS  AS  DEFINED BY PARAGRAPH (D) OF SUBDIVISION TEN OF SECTION TWO
HUNDRED NINETY-SIX OF THE EXECUTIVE LAW.
  2. SUBDIVISION ONE OF THIS SECTION SHALL APPLY ONLY WHEN:
  (A) THE EMPLOYER HAS PREVIOUSLY RECEIVED  WRITTEN  DOCUMENTATION  FROM
THE  HEAD  OF  THE  EMPLOYEE'S  FIRE  DEPARTMENT  OR VOLUNTEER AMBULANCE
SERVICE, AS APPLICABLE, NOTIFYING THE EMPLOYER OF THE EMPLOYEE'S  STATUS
AS  A  VOLUNTEER FIREFIGHTER OR MEMBER OF A VOLUNTEER AMBULANCE SERVICE;
OR
  (B) THE EMPLOYEE'S DUTIES AS A VOLUNTEER FIREFIGHTER OR  MEMBER  OF  A
VOLUNTEER AMBULANCE SERVICE ARE RELATED TO THE DECLARED EMERGENCY.
  3. THE ENTIRE PERIOD OF THE AUTHORIZED LEAVE OF ABSENCE GRANTED PURSU-
ANT  TO  THIS SECTION SHALL EITHER BE UNPAID EXCUSED LEAVE FOR EMPLOYEES
WHO ARE SUBJECT TO THE OVERTIME PROVISIONS OF THIS CHAPTER, THE  FEDERAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04717-04-4

S. 7111--B                          2

FAIR  LABOR STANDARDS ACT AND REGULATIONS PROMULGATED THEREUNDER, OR MAY
OTHERWISE BE CHARGED AGAINST ANY OTHER LEAVE TO WHICH SUCH  EMPLOYEE  IS
ENTITLED, AS DETERMINED BY THE EMPLOYEE.
  4.  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 ANY
EMERGENCY PURSUANT TO THIS SECTION.
  5. 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.
  6. AS USED IN THIS SECTION, EMPLOYER DOES NOT INCLUDE THE STATE. NOTH-
ING  SET FORTH IN THIS SECTION SHALL BE CONSTRUED AS SUPERSEDING, LIMIT-
ING, OR OTHERWISE AFFECTING THE PROVISIONS OF  SECTION  EIGHTY-TWO-A  OF
THE  CIVIL  SERVICE  LAW,  PROVIDING  FOR AUTHORIZED ABSENCES FOR PUBLIC
OFFICERS AND EMPLOYEES OF THE STATE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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