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.
Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Savino
Excused (1): Oppenheimer
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 state of emergency declared by the federal or state governments.
SUMMARY OF PROVISIONS: Section 1 provides that a volunteer firefighter or ambulance worker shall be deemed to have an authorized leave of absence from his or her regular place of employment when engaged in the actual performance of his or her duties as an emergency responder pursuant to a state of emergency as declared by the federal or state government. The entire period of the absence shall be excused leave and not charged against any other leave to which such employee is entitled and the head of a fire department or ambulance service will certify to such service, when requested to do so by an employer.
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 loss of employment while providing these services.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPACT ON THE STATE: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 6368 IN SENATE February 1, 2012 ___________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. AUTHORIZED ABSENCE. 1. EVERY PERSON WHO IS A MEMBER OF A VOLUNTEER FIRE DEPARTMENT OR A VOLUNTEER AMBULANCE SQUAD SHALL BE DEEMED TO HAVE AN AUTHORIZED LEAVE FROM HIS OR HER REGULAR PLACE OF EMPLOYMENT WHEN ENGAGED IN THE ACTUAL PERFORMANCE OF HIS OR HER DUTIES AS AN EMER- GENCY RESPONDER PURSUANT TO A STATE OF EMERGENCY AS DECLARED BY THE FEDERAL OR STATE GOVERNMENT. 2. THE ENTIRE PERIOD OF THE AUTHORIZED ABSENCE GRANTED PURSUANT TO THIS SECTION SHALL BE EXCUSED LEAVE AND SHALL NOT BE CHARGED AGAINST ANY OTHER LEAVE TO WHICH SUCH EMPLOYEE IS ENTITLED. 3. UPON REQUEST, THE EMPLOYEE MUST PROVIDE THE EMPLOYER WITH A STATE- MENT FROM THE HEAD OF THE VOLUNTEER FIREFIGHTER OR VOLUNTEER AMBULANCE SERVICE, AS APPLICABLE, STATING THE PERIOD OF TIME OR TIMES THAT SAID EMPLOYEE RESPONDED TO A STATE OF EMERGENCY PURSUANT TO 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. LBD14337-01-2