Assembly Bill A4099

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S1604 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2013-A4099 (ACTIVE) - Details

See Senate Version of this Bill:
S1604
Law Section:
Labor Law
Laws Affected:
Add ยง202-l, Lab L
Versions Introduced in 2011-2012 Legislative Session:
A9210, S6368

2013-A4099 (ACTIVE) - Summary

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.

2013-A4099 (ACTIVE) - Bill Text download pdf

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

                                  4099

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced by M. of A. THIELE, GOODELL, GUNTHER, BRINDISI -- Multi-Spon-
  sored  by  --  M.  of  A.    SALADINO -- 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.
  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
              

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