S06213 Summary:

BILL NOS06213
 
SAME ASNo same as
 
SPONSORMAZIARZ
 
COSPNSRSMITH
 
MLTSPNSR
 
Add S202-l, Lab L
 
Requires certain employers to grant leave of absence time for volunteer emergency responder training.
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S06213 Actions:

BILL NOS06213
 
01/08/2014REFERRED TO LABOR
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S06213 Floor Votes:

There are no votes for this bill in this legislative session.
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S06213 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6213
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2014
                                       ___________
 
        Introduced  by  Sen. MAZIARZ -- 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 a  leave  of  absence  for
          volunteer emergency responder training
 
          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  202-1  to
     2  read as follows:
     3    §  202-l.  Leave of absence for volunteer emergency responder training
     4  granted to employees. 1. For the purposes of this section, the following
     5  terms shall have the following meanings:
     6    (a) "Employee" means a person who performs services for  hire  for  an
     7  employer,  for an average of twenty or more hours per week, and includes
     8  all individuals employed at any site owned or operated  by  an  employer
     9  but shall not include an independent contractor.
    10    (b)  "Employer"  means  a person or entity that employs twenty or more
    11  employees at at least one site and includes an individual,  corporation,

    12  partnership,  association,  nonprofit  organization,  group  of persons,
    13  state, county, town, city, school district, public  authority  or  other
    14  governmental subdivision of any kind.
    15    (c) "Volunteer emergency responder" means an active member of a volun-
    16  teer fire company and/or a voluntary ambulance service as such terms are
    17  defined in section one hundred of the general municipal law.
    18    2.  An  employer  must  either,  at its option: (a) grant six hours of
    19  leave of absence in any twelve month period to an employee  that  is  an
    20  active volunteer emergency responder who seeks to obtain volunteer fire-
    21  fighter or volunteer ambulance worker  training; provided that the leave
    22  of  absence  may not exceed six hours, unless otherwise agreed to by the

    23  employer, and must comply  with  the  requirements  established  by  the
    24  commissioner  under  subdivision  five of this section; or (b) allow its
    25  employees without use of accumulated  leave  time  to  obtain  volunteer
    26  firefighter  or volunteer ambulance worker training during work hours at
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13398-01-3

        S. 6213                             2
 
     1  least two times per year at a convenient  time  and  place  set  by  the
     2  employer.
     3    3.  An employer shall not retaliate against an employee for requesting

     4  or obtaining a leave of absence under this section.
     5    4. This section shall not prevent an employer from providing leave for
     6  volunteer firefighter or volunteer ambulance worker training in addition
     7  to leave allowed under any other provision of law.  This  section  shall
     8  not affect an employee's rights with respect to any other employee bene-
     9  fit otherwise provided by law.
    10    5. The commissioner is hereby authorized and directed to establish any
    11  necessary  guidelines,  including  requirements  for notice, request and
    12  approval of leave, and documentation, for the timely  implementation  of
    13  the program.
    14    §  2.  This  act shall take effect on the ninetieth day after it shall
    15  have become a law.
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