Bill Text: DE HB21 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 19 Of The Delaware Code Relating To The Volunteer Emergency Responders Job Protection Act.
Spectrum: Slight Partisan Bill (Democrat 22-9)
Status: (Passed) 2013-09-06 - Signed by Governor [HB21 Detail]
Download: Delaware-2013-HB21-Draft.html
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SPONSOR: |
Rep. Heffernan & Rep. Carson & Rep. Mitchell & Sen. McDowell & Sen. Ennis & Sen. Cloutier |
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Reps. Atkins, Baumbach, Brady, Hudson, J. Johnson, Q. Johnson, Kenton, Longhurst, Miro, Osienski, Paradee, Potter, B. Short, M. Smith, Spiegelman, Smyk, Viola, Walker, D.E. Williams, K. Williams, Wilson; Sens. Hall-Long, Townsend |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 21 |
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AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE VOLUNTEER EMERGENCY RESPONDERS JOB PROTECTION ACT. |
Section 1.Amend Title 19 of the Delaware Code by making insertions as shown by underlining as follows:
Chapter 19. Volunteer Emergency Responders Job Protection Act
§1901. Short title.
This chapter may be known and cited as the "Volunteer Emergency Responders Job Protection Act."
§1902. Definitions.
As used in this chapter, unless the context otherwise requires:
(1) "Employer" means any person employing ten or more employees; and
(2) "Volunteer emergency responder" means a volunteer firefighter, a member of a ladies auxiliary of a volunteer fire company, volunteer emergency medical technician and/or a volunteer fire police officer.
§1903. Employer; prohibited acts.
No employer shall terminate, demote or take any other disciplinary action against any employee who is a volunteer emergency responder if:
(1) such employee, when acting as a volunteer emergency responder, is absent from his or her place of employment in order to respond to a Governor-declared State of Emergency lasting up to 7 consecutive days; or
(2) such employee, when acting as a volunteer emergency responder, is absent from his or her place of employment in order to respond to a President-declared National Emergency lasting up to 14 consecutive days; or
(3) such employee is absent from his or her place of employment due to injury sustained by such employee when acting as a volunteer emergency responder including responding to an emergency.
§1904. Employer; adjustments to wages authorized.
An employer may subtract from an employee's earned wages any time such employee is away from his or her place of employment for reason described in §1903 of this Act.
§1905. Employee; duty to notify employer.
An employee shall make a reasonable effort to notify his or her employer that he or she may be absent from his or her place of employment upon the occurrence of an event described in §1903 of this Act.
§1906. Employee; provide written statement; contents.
(a) At an employer's request, an employee, acting as a volunteer emergency responder, who is absent from his or her place of employment in order to respond to an emergency shall provide his or her employer, within seven days of such request, a written statement signed by the individual in charge of the volunteer department or another individual authorized to act for such individual that includes the following: That the employee responded to an emergency; the date and time of the emergency; and the date and time such employee completed his or her volunteer emergency activities.
(b) At an employer's request, an employee, who is absent from his or her place of employment due to injury sustained by such employee while responding to an emergency shall provide his or her employer, within seven days of such request, a written statement signed by the relevant medical professional or another individual authorized to act for such medical professional that includes the following: That the employee was seen by such medical professional, the date the employee's job.
§1907. Wrongful termination of employment or disciplinary action; reinstatement; action to enforce act.
An employee who is terminated or against whom any disciplinary action is taken in violation of this Act shall be immediately reinstated to his or her former position, if wrongfully terminated, without reduction of wages, seniority, or other benefits and shall receive any lost wages or other benefits, if applicable, during any period for which such termination or other disciplinary action was in effect. An action to enforce this Act may be brought by the employee to recover any lost wages or other benefits, including court costs and reasonable attorney's fees. An action to enforce this Act shall be commenced within one year after the date of violation.
SYNOPSIS
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This bill establishes the Volunteer Emergency Responders Job Protection Act.The Act prohibits an employer from terminating or taking any other disciplinary action against an employee who is a volunteer emergency responder if such employee, when acting as a voluntary emergency responder, is absent from his or her place of employment for a Governor-declared State of Emergency lasting up to 7 days or a President-declared National Emergency lasting up to 14 days.The Act further prohibits an employer from terminating or taking any other disciplinary action against an employee who misses work due to injury sustained when acting as a volunteer emergency responder. At the employer's request, an employee who is a volunteer emergency responder that misses work due to responding to an emergency or having sustained injury from responding to an emergency is required to provide proof of such emergency response or injury to the employer. An employee who is terminated or who is the victim of any other disciplinary action taken in violation of this Act shall be reinstated to his or her former position.An action to enforce this Act may be brought by the employee within one year of the alleged violation. |
