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.
Ayes (56): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (2): DeFrancisco, Savino
Excused (3): Espaillat, Hassell-Thomps, Smith
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 SPECIFIC PROVISIONS: Section 1. Amends the Labor Law by adding a new section 202-1 relating to leave of absence for volunteer emergency responders. Would allow an employee to request and be granted a leave of absence if that person is a volunteer firefighter or enrolled member of a volunteer ambulance service and ambulance workers who respond to a declared state of emergency during a state of emergency. This section also allows for a waiver if the employee's absence would impose an undue hardship on the employer's business.
This section also states that an employer must have previously been provided written documentation regarding the employee's volunteer membership, as well as stating that the individual must be performing services related to the declared emergency and that the employer may request a notarized statement. This section further states that the leave is unpaid, or may be charged against any other leave the employee is entitled.
Section 2 is the effective date.
JUSTIFICATION: Volunteer firefighters and ambulance workers are often called upon to 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.
PRIOR LEGISLATIVE HISTORY: S. 6366A Passed Senate in 2012; S.1604 Veto No. 274 of 2013.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the 90th day.
STATE OF NEW YORK ________________________________________________________________________ 7111--B IN SENATE April 28, 2014 ___________Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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 FEDERALEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04717-04-4 S. 7111--B 2
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 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.