Bill Text: NY S04988 | 2009-2010 | General Assembly | Introduced

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Bill Title: Requires employers to authorize absence from or lateness to work if such absence or lateness was due to responding to an emergency as a volunteer firefighter or ambulance worker.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2010-08-30 - VETOED MEMO.6791 [S04988 Detail]

Download: New_York-2009-S04988-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4988
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Labor
       AN ACT to amend the labor law, in relation to  prohibiting  an  employer
         from  terminating an employee who also is a volunteer firefighter or a
         volunteer provider of emergency medical services  when  that  employee
         misses or is late to work because of an emergency to which the employ-
         ee was dispatched
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The labor law is amended by adding a new section  202-l  to
    2  read as follows:
    3    S  202-L. AUTHORIZED ABSENCE. 1. IF AN EMPLOYEE IS ABSENT FROM OR LATE
    4  TO HIS OR HER EMPLOYMENT DUE TO  HIS  OR  HER  ENGAGING  IN  THE  ACTUAL
    5  PERFORMANCE  OF HIS OR HER DUTIES AS (A) A VOLUNTEER FIREFIGHTER, OR (B)
    6  AN ENROLLED MEMBER OF A VOLUNTEER AMBULANCE SERVICE PURSUANT TO  ARTICLE
    7  THIRTY  OF  THE  PUBLIC HEALTH LAW, AN EMPLOYER SHALL BE PROHIBITED FROM
    8  TERMINATING SUCH EMPLOYEE SOLELY ON THE BASIS OF SUCH ABSENCE  OR  LATE-
    9  NESS.
   10    2.  THE ENTIRE PERIOD OF THE AUTHORIZED ABSENCE MAY BE CHARGED AGAINST
   11  ANY OTHER LEAVE SUCH EMPLOYEE IS OTHERWISE ENTITLED TO, AND SUCH AUTHOR-
   12  IZED ABSENCE SHALL INCLUDE TRAVEL BOTH TO AND FROM SUCH DUTIES PERFORMED
   13  IN HIS OR HER CAPACITY AS A VOLUNTEER. AT  THE  EMPLOYER'S  REQUEST  THE
   14  EMPLOYEE MUST PROVIDE THE EMPLOYER WITH A STATEMENT FROM THE HEAD OF THE
   15  VOLUNTEER  FIREFIGHTER  OR  VOLUNTEER  AMBULANCE SERVICE, AS APPLICABLE,
   16  STATING THE EMPLOYEE RESPONDED TO AN  EMERGENCY  AT  THE  TIME  OF  SUCH
   17  RESPONSE.
   18    3. IN THE EVENT THAT THE EMPLOYEE DOES NOT HAVE ACCRUED TIME TO OFFSET
   19  ANY  TIME LOST IN AN EMERGENCY RESPONSE THE EMPLOYER MUST EITHER, AT ITS
   20  OPTION:
   21    (A) GRANT AT LEAST THREE HOURS OF AUTHORIZED  ABSENCE  IN  ANY  TWELVE
   22  MONTH PERIOD TO AN EMPLOYEE WHO HAS ENGAGED IN A VOLUNTEER RESPONSE; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11619-01-9
       S. 4988                             2
    1    (B)  ALLOW  ITS  EMPLOYEES  WITHOUT  USE  OF ACCUMULATED LEAVE TIME AN
    2  AUTHORIZED ABSENCE FOR VOLUNTEER RESPONSE DURING WORK HOURS AT LEAST TWO
    3  TIMES PER CALENDAR YEAR.
    4    4.  THE  COMMISSIONER  IS HEREBY AUTHORIZED TO ESTABLISH ANY NECESSARY
    5  GUIDELINES, INCLUDING REQUIREMENTS FOR DOCUMENTATION  OF  THE  EMERGENCY
    6  RESPONSE,  VALIDATION  OF ACCRUED LEAVE, AND THE CONDITIONS OF DISMISSAL
    7  AND PROCEDURES FOR AN EMPLOYEE TO SEEK REINSTATEMENT  AND  REIMBURSEMENT
    8  IF DISMISSED ON THE BASIS OF AN AUTHORIZED ABSENCE.
    9    S 2. This act shall take effect immediately.