Bill Text: IA SF2279 | 2013-2014 | 85th General Assembly | Introduced

Iowa Senate Bill 2279 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act providing for employment protections for volunteer emergency services providers. (Formerly SSB 3103.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2014-03-13 - Referred to State Government. S.J. 551. [SF2279 Detail]

Download: Iowa-2013-SF2279-Introduced.html

Senate File 2279 - Introduced SENATE FILE 2279 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3103) A BILL FOR An Act providing for employment protections for volunteer 1 emergency services providers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5684SV (2) 85 je/rj

S.F. 2279 Section 1. Section 100B.14, subsections 2, 3, 4, and 9, Code 1 2014, are amended to read as follows: 2 2. For the purposes of this section , : 3 a. “Discipline” means to take an action against an employee 4 that adversely affects the employee’s regular pay to an extent 5 greater than permitted by subsection 5, or the employee’s job 6 status, opportunity for promotion, or right to any benefit 7 granted by the employer to other similarly situated employees. 8 b. “Discriminate” means to discipline or terminate the 9 employment of an employee in a manner inconsistent with the 10 employer’s treatment of other similarly situated employees 11 who are injured in the course of their employment or related 12 activities. 13 c. “ volunteer Volunteer emergency services provider” means a 14 volunteer fire fighter as defined in section 85.61 , a reserve 15 peace officer as defined in section 80D.1A , an emergency 16 medical care provider as defined in section 147A.1 , or other 17 personnel having voluntary emergency service duties and who are 18 not paid full-time by the entity for which the services are 19 performed in the local service area, in a mutual aid agreement 20 area, or in a governor-declared state of disaster emergency 21 area. 22 3. A public or private employer shall not discipline 23 or terminate the employment of an employee for joining a 24 volunteer emergency services unit or organization, including 25 but not limited to any municipal, rural, or subscription fire 26 department. 27 4. If an employee has provided the employee’s public or 28 private employer with written notification that the employee is 29 a volunteer emergency services provider, the employer shall not 30 discipline or terminate the employment of a volunteer emergency 31 services provider who, because the employee was fulfilling 32 performing the employee’s duties as a volunteer emergency 33 services provider, is absent from or late to work. 34 9. An employee who is disciplined, discriminated against, 35 -1- LSB 5684SV (2) 85 je/rj 1/ 3

S.F. 2279 or whose employment is terminated in violation of this section 1 may bring a civil action against the employer. The employee 2 may seek reinstatement to the employee’s former position, 3 payment of back wages, reinstatement of fringe benefits, and, 4 where seniority rights are granted, reinstatement of seniority 5 rights. If the employee prevails in such an action, the 6 employee shall be entitled to an award of reasonable attorney 7 fees and the costs of the action. An employee must commence 8 such an action within one year after the date of discipline, 9 discrimination, or termination of the employee’s employment. 10 Sec. 2. Section 100B.14, Code 2014, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 4A. A public or private employer shall 13 not discriminate against an employee because the employee 14 has been injured while performing duties as a volunteer 15 emergency services provider. A public or private employer 16 shall not discriminate against an employee who is injured while 17 performing duties as a volunteer emergency services provider 18 and who subsequently returns to work after receiving workers’ 19 compensation benefits. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 Current law, the “Volunteer Emergency Services Providers 24 Job Protection Act”, grants various employment protections to 25 volunteer emergency services providers. “Volunteer emergency 26 services provider” is defined as a volunteer fire fighter, a 27 reserve peace officer, an emergency medical care provider, 28 or other personnel having voluntary emergency service duties 29 and who are not paid full-time by the entity for which the 30 services are performed in the local service area, in a mutual 31 aid agreement area, or in a governor-declared state of disaster 32 emergency area. This bill adds to those protections. 33 The bill prohibits an employer from disciplining an 34 employee for joining a volunteer emergency services unit or 35 -2- LSB 5684SV (2) 85 je/rj 2/ 3

S.F. 2279 organization, including but not limited to any municipal, 1 rural, or subscription fire department. The bill prohibits 2 an employer from disciplining an employee who, because the 3 employee was fulfilling the employee’s duties as a volunteer 4 emergency services provider, is absent from or late to 5 work, if the employee has provided the employer with written 6 notification that the employee is a volunteer emergency 7 services provider. The bill prohibits an employer from 8 discriminating against an employee because the employee 9 has been injured while performing duties as a volunteer 10 emergency services provider. The bill prohibits an employer 11 from discriminating against an employee who is injured while 12 performing duties as a volunteer emergency services provider 13 and who subsequently returns to work after receiving workers’ 14 compensation benefits. 15 The bill defines “discipline” as taking an action against 16 an employee that adversely affects the employee’s regular pay 17 to an extent greater than permitted by state law, job status, 18 opportunity for promotion, or right to any benefit granted 19 by the employer to other similarly situated employees. The 20 bill defines “discriminate” as disciplining or terminating the 21 employment of an employee in a manner inconsistent with the 22 employer’s treatment of other similarly situated employees 23 who are injured in the course of their employment or related 24 activities. 25 The civil remedy available to an employee under the 26 “Volunteer Emergency Services Providers Job Protection Act” 27 applies to these prohibitions. 28 -3- LSB 5684SV (2) 85 je/rj 3/ 3