| Chapter 273 |
| 2015 -- S 0746 Enacted 07/15/2015 |
| A N A C T |
| RELATING TO LABOR AND LABOR RELATIONS - FAIR EMPLOYMENT PRACTICES |
| Introduced By: Senator V. Susan Sosnowski |
| Date Introduced: March 19, 2015 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Chapter 28-5 of the General Laws entitled "Fair Employment Practices" is |
| hereby amended by adding thereto the following section: |
| 28-5-43. Volunteer firefighters and emergency technicians - Responding to |
| emergencies, prohibition of discharge from other employment. – (a) Upon prior notice of an |
| employee, no employer shall discharge or take any other disciplinary action against any employee |
| by reason of failure of that employee to report for work at the commencement of his or her |
| regular working hours where the failure is due to his or her responding to an emergency in his or |
| her capacity as a volunteer member of a fire department or ambulance department; provided, |
| however, that no such employer shall be required to compensate any employee for any period of |
| his or her normal working hours that he or she fails to report for work. At the request of an |
| employer, an employee shall submit a statement signed by the chief of his or her fire department |
| or ambulance department certifying the date and time the employee responded to and returned |
| from the emergency. An employee shall inform his or her employer or immediate supervisor of |
| all reasons for any failure to report to work as required. |
| (b) As used in this section: |
| (1) "Responding to an emergency" means responding to, working at the scene of, or |
| returning from a fire, rescue, emergency medical service call, hazardous materials incident, or a |
| natural or man-made disaster, where the emergency occurs during a period other than normal |
| working hours of the employee; and |
| (2) "Volunteer member" means a volunteer, call, reserve, or permanent-intermittent |
| firefighter or emergency medical technician, but shall not include any person who received |
| compensation for over nine hundred seventy-five (975) hours of services rendered in such |
| capacity over the preceding six (6) months. |
| (c) Any employee who is terminated or against whom any disciplinary action is taken in |
| violation of the provisions of this section shall be immediately reinstated to his or her former |
| position without reduction of pay, seniority, or other benefits, and shall receive any lost pay or |
| other benefits during any period for which such termination or other disciplinary action was in |
| effect. An action to enforce the provisions of this section shall be commenced within one year of |
| the date of the alleged violation, in the superior court within the county wherein the action |
| occurred, or wherein the employer resides or transacts business. |
| SECTION 2. This act shall take effect upon passage. |
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| LC002234 |
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