assembly Bill A9849A

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S7111 - 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 (15)
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 17, 2014 substituted by s7111b
Jun 16, 2014 ordered to third reading rules cal.330
rules report cal.330
reported
Jun 09, 2014 reported referred to rules
Jun 03, 2014 reported referred to ways and means
May 30, 2014 print number 9849a
May 30, 2014 amend and recommit to labor
May 27, 2014 referred to labor

A9849 - Details

See Senate Version of this Bill:
S7111
Law Section:
Labor Law
Laws Affected:
Add §202-l, Lab L

A9849 - 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.

A9849 - Bill Text download pdf

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

                                  9849

                          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

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
OTHERWISE  BE  CHARGED AGAINST ANY OTHER LEAVE TO WHICH SUCH EMPLOYEE IS
ENTITLED, AS DETERMINED BY THE EMPLOYER.

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

Co-Sponsors

Multi-Sponsors

A9849A (ACTIVE) - Details

See Senate Version of this Bill:
S7111
Law Section:
Labor Law
Laws Affected:
Add §202-l, Lab L

A9849A (ACTIVE) - 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.

A9849A (ACTIVE) - Bill Text download pdf

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

                                 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