S T A T E   O F   N E W   Y O R K
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                                 9849--A

                          I N  A S S E M B L Y

                              May 27, 2014
                               ___________

Introduced by M. of A. THIELE -- read once and referred 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.
                                                           LBD04717-05-4
              

A. 9849--A                          2

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.