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 (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, 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, Storobin, Valesky, Young, Zeldin
Nays (2): Oppenheimer, Savino
Excused (3): Espaillat, Huntley, Krueger
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 PROVISIONS: Section 1. Amends the Labor Law by adding a new section 202-l 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.
LEGISLATIVE HISTORY: New bill, 2012.
FISCAL IMPACT: Undetermined.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 6368--A Cal. No. 260 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 -- reported favora- bly from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading 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. LBD14337-03-2 S. 6368--A 2
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.