Bill Text: IA SSB3103 | 2013-2014 | 85th General Assembly | Introduced

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Bill Title: A study bill for an act providing for employment protections for volunteer emergency services providers.

Spectrum: Unknown

Status: (N/A - Dead) 2014-01-23 - In State Government [SSB3103 Detail]

Download: Iowa-2013-SSB3103-Introduced.html

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Senate Study Bill 3103 - Introduced
SENATE FILE _____
BY (PROPOSED COMMITTEE ON
STATE GOVERNMENT BILL BY
CHAIRPERSON DANIELSON)
A BILL FOR
An Act providing for employment protections for volunteer
emergency services providers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 100B.14, subsections 2, 3, 4, and 9, Code
2014, are amended to read as follows:
2. For the purposes of this section , :
a. “Discipline” means to take an action against an employee
that adversely affects the employee’s regular pay to an extent
greater than permitted by subsection 5, or the employee’s job
status, opportunity for promotion, or right to any benefit
granted by the employer to other similarly situated employees.
b. “Discriminate” means to discipline or terminate the
employment of an employee in a manner inconsistent with the
employer’s treatment of other similarly situated employees
who are injured in the course of their employment or related
activities.
c. “ volunteer Volunteer emergency services provider” means a
volunteer fire fighter as defined in section 85.61 , a reserve
peace officer as defined in section 80D.1A , an emergency
medical care provider as defined in section 147A.1 , or other
personnel having voluntary emergency service duties and who are
not paid full-time by the entity for which the services are
performed in the local service area, in a mutual aid agreement
area, or in a governor-declared state of disaster emergency
area.
3. A public or private employer shall not discipline
or terminate the employment of an employee for joining a
volunteer emergency services unit or organization, including
but not limited to any municipal, rural, or subscription fire
department.
4. If an employee has provided the employee’s public or
private employer with written notification that the employee is
a volunteer emergency services provider, the employer shall not
discipline or terminate the employment of a volunteer emergency
services provider who, because the employee was fulfilling
performing the employee’s duties as a volunteer emergency
services provider, is absent from or late to work.
9. An employee who is disciplined, discriminated against,
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or whose employment is terminated in violation of this section
may bring a civil action against the employer. The employee
may seek reinstatement to the employee’s former position,
payment of back wages, reinstatement of fringe benefits, and,
where seniority rights are granted, reinstatement of seniority
rights. If the employee prevails in such an action, the
employee shall be entitled to an award of reasonable attorney
fees and the costs of the action. An employee must commence
such an action within one year two years after the date of
discipline, discrimination, or termination of the employee’s
employment.
Sec. 2. Section 100B.14, Code 2014, is amended by adding the
following new subsection:
NEW SUBSECTION . 4A. A public or private employer shall
not discriminate against an employee because the employee
has been injured while performing duties as a volunteer
emergency services provider. A public or private employer
shall not discriminate against an employee who is injured while
performing duties as a volunteer emergency services provider
and who subsequently returns to work after receiving workers’
compensation benefits.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
Current law, the “Volunteer Emergency Services Providers
Job Protection Act”, grants various employment protections to
volunteer emergency services providers. “Volunteer emergency
services provider” is defined as a volunteer fire fighter, a
reserve peace officer, an emergency medical care provider,
or other personnel having voluntary emergency service duties
and who are not paid full-time by the entity for which the
services are performed in the local service area, in a mutual
aid agreement area, or in a governor-declared state of disaster
emergency area. This bill adds to those protections.
The bill prohibits an employer from disciplining an
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employee for joining a volunteer emergency services unit or
organization, including but not limited to any municipal,
rural, or subscription fire department. The bill prohibits
an employer from disciplining an employee who, because the
employee was fulfilling the employee’s duties as a volunteer
emergency services provider, is absent from or late to
work, if the employee has provided the employer with written
notification that the employee is a volunteer emergency
services provider. The bill prohibits an employer from
discriminating against an employee because the employee
has been injured while performing duties as a volunteer
emergency services provider. The bill prohibits an employer
from discriminating against an employee who is injured while
performing duties as a volunteer emergency services provider
and who subsequently returns to work after receiving workers’
compensation benefits.
The bill defines “discipline” as taking an action against
an employee that adversely affects the employee’s regular pay
to an extent greater than permitted by state law, job status,
opportunity for promotion, or right to any benefit granted
by the employer to other similarly situated employees. The
bill defines “discriminate” as disciplining or terminating the
employment of an employee in a manner inconsistent with the
employer’s treatment of other similarly situated employees
who are injured in the course of their employment or related
activities.
The civil remedy available to an employee under the
“Volunteer Emergency Services Providers Job Protection Act”
applies to these prohibitions. The bill extends the time
period under the Act in which an employee may pursue a civil
remedy from one year to two years.
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