Bill Text: NY S06213 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires certain employers to grant leave of absence time for volunteer emergency responder training.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO LABOR [S06213 Detail]
Download: New_York-2013-S06213-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6213 I N S E N A T E (PREFILED) January 8, 2014 ___________ Introduced by Sen. MAZIARZ -- 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 a leave of absence for volunteer emergency responder training 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 202-1 to 2 read as follows: 3 S 202-L. LEAVE OF ABSENCE FOR VOLUNTEER EMERGENCY RESPONDER TRAINING 4 GRANTED TO EMPLOYEES. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING 5 TERMS SHALL HAVE THE FOLLOWING MEANINGS: 6 (A) "EMPLOYEE" MEANS A PERSON WHO PERFORMS SERVICES FOR HIRE FOR AN 7 EMPLOYER, FOR AN AVERAGE OF TWENTY OR MORE HOURS PER WEEK, AND INCLUDES 8 ALL INDIVIDUALS EMPLOYED AT ANY SITE OWNED OR OPERATED BY AN EMPLOYER 9 BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR. 10 (B) "EMPLOYER" MEANS A PERSON OR ENTITY THAT EMPLOYS TWENTY OR MORE 11 EMPLOYEES AT AT LEAST ONE SITE AND INCLUDES AN INDIVIDUAL, CORPORATION, 12 PARTNERSHIP, ASSOCIATION, NONPROFIT ORGANIZATION, GROUP OF PERSONS, 13 STATE, COUNTY, TOWN, CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY OR OTHER 14 GOVERNMENTAL SUBDIVISION OF ANY KIND. 15 (C) "VOLUNTEER EMERGENCY RESPONDER" MEANS AN ACTIVE MEMBER OF A VOLUN- 16 TEER FIRE COMPANY AND/OR A VOLUNTARY AMBULANCE SERVICE AS SUCH TERMS ARE 17 DEFINED IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW. 18 2. AN EMPLOYER MUST EITHER, AT ITS OPTION: (A) GRANT SIX HOURS OF 19 LEAVE OF ABSENCE IN ANY TWELVE MONTH PERIOD TO AN EMPLOYEE THAT IS AN 20 ACTIVE VOLUNTEER EMERGENCY RESPONDER WHO SEEKS TO OBTAIN VOLUNTEER FIRE- 21 FIGHTER OR VOLUNTEER AMBULANCE WORKER TRAINING; PROVIDED THAT THE LEAVE 22 OF ABSENCE MAY NOT EXCEED SIX HOURS, UNLESS OTHERWISE AGREED TO BY THE 23 EMPLOYER, AND MUST COMPLY WITH THE REQUIREMENTS ESTABLISHED BY THE 24 COMMISSIONER UNDER SUBDIVISION FIVE OF THIS SECTION; OR (B) ALLOW ITS 25 EMPLOYEES WITHOUT USE OF ACCUMULATED LEAVE TIME TO OBTAIN VOLUNTEER 26 FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER TRAINING DURING WORK HOURS AT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13398-01-3 S. 6213 2 1 LEAST TWO TIMES PER YEAR AT A CONVENIENT TIME AND PLACE SET BY THE 2 EMPLOYER. 3 3. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR REQUESTING 4 OR OBTAINING A LEAVE OF ABSENCE UNDER THIS SECTION. 5 4. THIS SECTION SHALL NOT PREVENT AN EMPLOYER FROM PROVIDING LEAVE FOR 6 VOLUNTEER FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER TRAINING IN ADDITION 7 TO LEAVE ALLOWED UNDER ANY OTHER PROVISION OF LAW. THIS SECTION SHALL 8 NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT TO ANY OTHER EMPLOYEE BENE- 9 FIT OTHERWISE PROVIDED BY LAW. 10 5. THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH ANY 11 NECESSARY GUIDELINES, INCLUDING REQUIREMENTS FOR NOTICE, REQUEST AND 12 APPROVAL OF LEAVE, AND DOCUMENTATION, FOR THE TIMELY IMPLEMENTATION OF 13 THE PROGRAM. 14 S 2. This act shall take effect on the ninetieth day after it shall 15 have become a law.