Bill Text: NY S07111 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides authorized leave for volunteer fire department members or volunteer ambulance squad members for states of emergency; deems leave is excused when a state of emergency is declared by the federal or state government and such person is engaged in the actual performance of his or her duties as an emergency responder; provides such period of leave shall not be charged against any other leave to which the employee is entitled; allows the employer to request a statement from the department or service stating the period of time the employee responded to the state of emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-09-23 - SIGNED CHAP.393 [S07111 Detail]

Download: New_York-2013-S07111-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7111--A
                                   I N  S E N A T E
                                    April 28, 2014
                                      ___________
       Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Labor  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to  amend  the labor law, in relation to authorized absences by
         members of volunteer fire departments and volunteer  ambulance  squads
         who respond to states of emergency
         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.  LEAVE  OF  ABSENCE  FOR  VOLUNTEER EMERGENCY RESPONDERS. 1.
    4  DURING THE TIME THAT AN EMERGENCY EXISTS FOLLOWING A DECLARATION OF SUCH
    5  EMERGENCY PURSUANT TO SECTION TWENTY-FOUR OR TWENTY-EIGHT OF THE  EXECU-
    6  TIVE  LAW,  AN  EMPLOYEE  MAY  REQUEST  AND  SHALL BE GRANTED A LEAVE OF
    7  ABSENCE FROM HIS OR HER EMPLOYER WHILE ENGAGED IN THE ACTUAL PERFORMANCE
    8  OF HIS OR HER DUTIES AS, (A) A VOLUNTEER FIREFIGHTER, OR (B) AN ENROLLED
    9  MEMBER OF A VOLUNTEER AMBULANCE SERVICE PURSUANT TO  ARTICLE  THIRTY  OF
   10  THE PUBLIC HEALTH LAW UNLESS THE EMPLOYER DETERMINES THAT THE EMPLOYEE'S
   11  ABSENCE  WOULD IMPOSE AN UNDUE HARDSHIP ON THE CONDUCT OF THE EMPLOYER'S
   12  BUSINESS AS DEFINED BY PARAGRAPH (D) OF SUBDIVISION TEN OF  SECTION  TWO
   13  HUNDRED NINETY-SIX OF THE EXECUTIVE LAW.
   14    2. SUBDIVISION ONE OF THIS SECTION SHALL APPLY ONLY WHEN:
   15    (A)  THE  EMPLOYER  HAS PREVIOUSLY RECEIVED WRITTEN DOCUMENTATION FROM
   16  THE HEAD OF  THE  EMPLOYEE'S  FIRE  DEPARTMENT  OR  VOLUNTEER  AMBULANCE
   17  SERVICE,  AS APPLICABLE, NOTIFYING THE EMPLOYER OF THE EMPLOYEE'S STATUS
   18  AS A VOLUNTEER FIREFIGHTER OR MEMBER OF A VOLUNTEER  AMBULANCE  SERVICE;
   19  OR
   20    (B)  THE  EMPLOYEE'S  DUTIES AS A VOLUNTEER FIREFIGHTER OR MEMBER OF A
   21  VOLUNTEER AMBULANCE SERVICE ARE RELATED TO THE DECLARED EMERGENCY.
   22    3. THE ENTIRE PERIOD OF THE AUTHORIZED LEAVE OF ABSENCE GRANTED PURSU-
   23  ANT TO THIS SECTION SHALL EITHER BE UNPAID EXCUSED LEAVE  FOR  EMPLOYEES
   24  WHO  ARE SUBJECT TO THE OVERTIME PROVISIONS OF THIS CHAPTER, THE FEDERAL
   25  FAIR LABOR STANDARDS ACT AND REGULATIONS PROMULGATED THEREUNDER, OR  MAY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04717-02-4
       S. 7111--A                          2
    1  OTHERWISE  BE  CHARGED AGAINST ANY OTHER LEAVE TO WHICH SUCH EMPLOYEE IS
    2  ENTITLED, AS DETERMINED BY THE EMPLOYER.
    3    4.  UPON  THE  EMPLOYER'S  REQUEST, AN EMPLOYEE WHO HAS BEEN GRANTED A
    4  LEAVE OF ABSENCE IN ACCORDANCE WITH THIS SECTION SHALL  PROVIDE  HIS  OR
    5  HER  EMPLOYER  WITH A NOTARIZED STATEMENT FROM THE HEAD OF THE VOLUNTEER
    6  FIRE DEPARTMENT OR VOLUNTEER AMBULANCE SERVICE, AS APPLICABLE,  CERTIFY-
    7  ING  THE  PERIOD  OF TIME, OR TIMES, THAT SAID EMPLOYEE RESPONDED TO ANY
    8  EMERGENCY PURSUANT TO THIS SECTION.
    9    5. NOTHING SET FORTH IN THIS SECTION SHALL  BE  CONSTRUED  TO  IMPEDE,
   10  INFRINGE  OR  DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
   11  THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE  DIMIN-
   12  ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
   13    6. AS USED IN THIS SECTION, EMPLOYER DOES NOT INCLUDE THE STATE. NOTH-
   14  ING  SET FORTH IN THIS SECTION SHALL BE CONSTRUED AS SUPERSEDING, LIMIT-
   15  ING, OR OTHERWISE AFFECTING THE PROVISIONS OF  SECTION  EIGHTY-TWO-A  OF
   16  THE  CIVIL  SERVICE  LAW,  PROVIDING  FOR AUTHORIZED ABSENCES FOR PUBLIC
   17  OFFICERS AND EMPLOYEES OF THE STATE.
   18    S 2. This act shall take effect on the ninetieth day  after  it  shall
   19  have become a law.