| Chapter 119 |
| 2016 -- H 7328 Enacted 06/22/2016 |
| A N A C T |
| RELATING TO LABOR AND LABOR RELATIONS - THE VOLUNTEER FIREFIGHTER AND EMERGENCY TECHNICIAN PROTECTION ACT |
| Introduced By: Representatives Marshall, Azzinaro, Shekarchi, and Ruggiero |
| Date Introduced: January 27, 2016 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR |
| RELATIONS" is hereby amended by adding thereto the following chapter: |
| CHAPTER 6.13 |
| THE VOLUNTEER FIREFIGHTER AND EMERGENCY TECHNICIAN PROTECTION ACT |
| 28-6.13-1. Short title. -- This chapter shall be known and may be cited as "The |
| Volunteer Firefighter and Emergency Technician Protection Act". |
| 28-6.13-2. Definitions. – As used in this chapter: (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. |
| 28-6.13-3. Employment protection related to rendering of emergency assistance. -- |
| (a) Upon prompt notice by 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 regular working hours wherein the failure is due to responding to an |
| emergency in the 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 normal working hours for failure to report for work. At the request of an employer, an |
| employee shall submit a statement signed by the chief of the appropriate fire department or |
| ambulance department certifying the date and time the employee responded to and returned from |
| the emergency. An employee shall inform the employer or immediate supervisor of all reasons |
| for any failure to report to work as required. |
| (b) Any employee who is terminated or against whom any disciplinary action is taken in |
| violation of the provisions of this chapter 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. |
| (c) An action to enforce the provisions of this chapter 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. Section 28-5-43 of the General Laws in Chapter 28-5 entitled "Fair |
| Employment Practices" is hereby repealed. |
| 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 3. This act shall take effect upon passage. |
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| LC004129 |
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