2015 -- H 5315 SUBSTITUTE A

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LC000507/SUB A/2

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - FAIR EMPLOYMENT PRACTICES

     

     Introduced By: Representatives Gallison, Fogarty, Marshall, Winfield, and Costantino

     Date Introduced: February 05, 2015

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 28-5 of the General Laws entitled "Fair Employment Practices" is

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hereby amended by adding thereto the following section:

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     28-5-43. Volunteer firefighters and emergency technicians - Responding to

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emergencies, prohibition of discharge from other employment. – (a) Upon prior notice of an

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employee, no employer shall discharge or take any other disciplinary action against any employee

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by reason of failure of that employee to report for work at the commencement of his or her

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regular working hours where the failure is due to his or her responding to an emergency in his or

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her capacity as a volunteer member of a fire department or ambulance department; provided,

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however, that no such employer shall be required to compensate any employee for any period of

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his or her normal working hours that he or she fails to report for work. At the request of an

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employer, an employee shall submit a statement signed by the chief of his or her fire department

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or ambulance department certifying the date and time the employee responded to and returned

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from the emergency. An employee shall inform his or her employer or immediate supervisor of

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all reasons for any failure to report to work as required.

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     (b) As used in this section:

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     (1) "Responding to an emergency" means responding to, working at the scene of, or

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returning from a fire, rescue, emergency medical service call, hazardous materials incident, or a

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natural or man-made disaster, where the emergency occurs during a period other than normal

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working hours of the employee; and

 

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     (2) "Volunteer member" means a volunteer, call, reserve, or permanent-intermittent

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firefighter or emergency medical technician, but shall not include any person who received

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compensation for over nine hundred seventy-five (975) hours of services rendered in such

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capacity over the preceding six (6) months.

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     (c) Any employee who is terminated or against whom any disciplinary action is taken in

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violation of the provisions of this section shall be immediately reinstated to his or her former

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position without reduction of pay, seniority, or other benefits, and shall receive any lost pay or

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other benefits during any period for which such termination or other disciplinary action was in

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effect. An action to enforce the provisions of this section shall be commenced within one year of

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the date of the alleged violation, in the superior court within the county wherein the action

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occurred, or wherein the employer resides or transacts business.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - FAIR EMPLOYMENT PRACTICES

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     This act would prohibit an employer from terminating an employee for failing to report to

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regularly scheduled work when the cause for such failure was the employee's official response to

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an emergency in his or her capacity as a volunteer firefighter or ambulance technician

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     This act would take effect upon passage.

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