Bill Text: NJ S2351 | 2020-2021 | Regular Session | Introduced
Bill Title: Affords employment protection to certain emergency medical responders.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2020-05-28 - Absolute Veto, Received in the Senate [S2351 Detail]
Download: New_Jersey-2020-S2351-Introduced.html
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Affords employment protections to certain emergency medical responders.
CURRENT VERSION OF TEXT
As introduced.
An Act affording employment protections to emergency medical responders during a state of emergency and supplementing chapter 14 of Title 40A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
"Emergency medical responder" means a paid or volunteer member of a duly incorporated first aid, rescue, or ambulance squad.
"First responder" means a law enforcement officer or paid or volunteer firefighter.
b. An employer shall not terminate, dismiss, or suspend an employee who fails to report to work because the employee is serving as an emergency medical responder during a state of emergency, provided the emergency medical responder provides the employer with (1) notice, at least one hour prior to when the employee's shift is scheduled to begin, that the employee is rendering emergency medical services in response to a state of emergency; and (2) upon returning to the employee's place of employment, a copy of the incident report and a certification by the incident commander, or other official or officer in charge, affirming that the emergency medical responder was actively engaged in, and necessary for, rendering emergency medical services and setting forth the date and time the emergency medical responder was relieved from emergency duty by that officer or official, as the case may be. If the emergency medical responder is actively engaged in rendering emergency medical services for more than one consecutive work day, the incident commander, or other official or officer in charge, shall direct that appropriate notice be given the emergency medical responder's employer each day the volunteer is required to be absent.
c. A law enforcement agency or fire department or company shall not limit the ability of a first responder to serve as an emergency medical responder during a state of emergency.
d. Except as required by any other provision of law, an employer shall not be required to pay any employee for any work time that the employee is absent while serving as an emergency medical responder pursuant to this section. However, the emergency medical responder may use any vacation days or sick days that are available to the employee.
2. This act shall take
effect immediately.
STATEMENT
This bill provides certain employment protections for emergency medical responders who, because they are providing emergency medical services related to a state of emergency, fail to report to work.
Under the bill, employers are prohibited from terminating, dismissing, or suspending an employee who fails to report to work because the employee is actively engaged in providing paid or volunteer emergency medical services related to a state of emergency. This protection is available, however, only if the employee provides the employer with (1) notice, at least one hour prior to when the employee's shift is scheduled to begin, that the employee is rendering emergency medical services in response to a state of emergency; and (2) upon returning to the employee's place of employment, a copy of the incident report and a certification by the incident commander, or other official or officer in charge, affirming that the emergency medical responder was actively engaged in, and necessary for, rendering emergency medical services and setting forth the date and time the emergency medical responder was relieved from emergency duty by that officer or official, as the case may be.
The bill also provides that if the emergency medical responder is actively engaged in rendering emergency medical services for more than one consecutive work day, the incident commander, or other official or officer in charge, is required to direct that appropriate notice be given to the emergency medical responder's employer each day the volunteer is required to be absent.
In addition, this bill provides that a law enforcement agency or fire department or company is prohibited from limiting the ability of a first responder to serve as an emergency medical responder during a state of emergency.
The provisions of this bill do not require an employer to pay any employee for any work time that the employee is absent while serving as an emergency medical responder pursuant to this section. However, the emergency medical responder may use any vacation days or sick days that are available to the employee.
The bill defines "emergency medical responder" to mean a paid or volunteer member of a duly incorporated first aid, rescue, or ambulance squad. In addition, the bill defines "first responder" to mean a law enforcement officer or paid or volunteer firefighter.
