BILL NO A04099
SAME AS SAME AS S01604
SPONSOR Thiele (MS)
COSPNSR Goodell, Gunther, Brindisi, Giglio, Weprin, Skoufis
MLTSPNSR McLaughlin, Rabbitt, Saladino
Add S202-l, Lab L
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.
BILL NO A04099
01/30/2013 referred to labor
03/04/2013 reported referred to codes
04/16/2013 reported referred to ways and means
05/23/2013 advanced to third reading cal.400
06/18/2013 substituted by s1604
S01604 AMEND= GRISANTI
01/09/2013 REFERRED TO LABOR
05/21/2013 1ST REPORT CAL.658
05/22/2013 2ND REPORT CAL.
05/23/2013 ADVANCED TO THIRD READING
06/03/2013 PASSED SENATE
06/03/2013 DELIVERED TO ASSEMBLY
06/03/2013 referred to ways and means
06/18/2013 substituted for a4099
06/18/2013 ordered to third reading cal.400
06/18/2013 passed assembly
06/18/2013 returned to senate
TITLE OF BILL:
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 202-1 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
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,
2012; S.6268-A/A.9210-A - Passed Senate.
FISCAL IMPACT: Negligible.
EFFECTIVE DATE: This act shall take effect immediately.
S T A T E O F N E W Y O R K
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:
1 Section 1. The labor law is amended by adding a new section 202-l to
2 read as follows:
3 S 202-L. LEAVE OF ABSENCE FOR VOLUNTEER EMERGENCY RESPONDERS. 1.
4 DURING THE TIME THAT AN EMERGENCY EXISTS FOLLOWING A DECLARATION OF SUCH
5 EMERGENCY PURSUANT TO SECTION TWENTY-FOUR OR TWENTY-EIGHT OF THE EXECU-
6 TIVE LAW, AN EMPLOYEE MAY REQUEST AND SHALL BE GRANTED A LEAVE OF
7 ABSENCE FROM HIS OR HER EMPLOYER WHILE ENGAGED IN THE ACTUAL PERFORMANCE
8 OF HIS OR HER DUTIES AS, (A) A VOLUNTEER FIREFIGHTER, OR (B) AN ENROLLED
9 MEMBER OF A VOLUNTEER AMBULANCE SERVICE PURSUANT TO ARTICLE THIRTY OF
10 THE PUBLIC HEALTH LAW.
11 2. THE ENTIRE PERIOD OF THE AUTHORIZED LEAVE OF ABSENCE GRANTED PURSU-
12 ANT TO THIS SECTION SHALL BE EXCUSED LEAVE AND SHALL NOT BE CHARGED
13 AGAINST ANY OTHER LEAVE TO WHICH SUCH EMPLOYEE IS ENTITLED.
14 3. UPON THE EMPLOYER'S REQUEST, AN EMPLOYEE WHO HAS BEEN GRANTED A
15 LEAVE OF ABSENCE IN ACCORDANCE WITH THIS SECTION SHALL PROVIDE HIS OR
16 HER EMPLOYER WITH A NOTARIZED STATEMENT FROM THE HEAD OF THE VOLUNTEER
17 FIRE DEPARTMENT OR VOLUNTEER AMBULANCE SERVICE, AS APPLICABLE, CERTIFY-
18 ING THE PERIOD OF TIME, OR TIMES, THAT SAID EMPLOYEE RESPONDED TO AN
19 EMERGENCY PURSUANT TO THIS SECTION.
20 4. NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
21 INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
22 THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMIN-
23 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.
A. 4099 2
1 5. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR THEIR
2 SERVICE AS AN ENROLLED MEMBER OF A VOLUNTEER FIRE DEPARTMENT OR VOLUN-
3 TEER AMBULANCE SQUAD OR FOR OBTAINING A LEAVE OF ABSENCE UNDER THIS
5 S 2. This act shall take effect immediately.