2015 -- H 5315 SUBSTITUTE A

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LC000507/SUB A/2

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - FAIR EMPLOYMENT PRACTICES

     Introduced By: Representatives Gallison, Fogarty, Marshall, Winfield, and Costantino

     Date Introduced: February 05, 2015

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 28-5 of the General Laws entitled "Fair Employment Practices" is

hereby amended by adding thereto the following section:

     28-5-43. Volunteer firefighters and emergency technicians - Responding to

emergencies, prohibition of discharge from other employment. – (a) Upon prior notice of an

employee, no employer shall discharge or take any other disciplinary action against any employee

by reason of failure of that employee to report for work at the commencement of his or her

regular working hours where the failure is due to his or her responding to an emergency in his or

her capacity as a volunteer member of a fire department or ambulance department; provided,

however, that no such employer shall be required to compensate any employee for any period of

his or her normal working hours that he or she fails to report for work. At the request of an

employer, an employee shall submit a statement signed by the chief of his or her fire department

or ambulance department certifying the date and time the employee responded to and returned

from the emergency. An employee shall inform his or her employer or immediate supervisor of

all reasons for any failure to report to work as required.

     (b) As used in this section:

     (1) "Responding to an emergency" means responding to, working at the scene of, or

returning from a fire, rescue, emergency medical service call, hazardous materials incident, or a

natural or man-made disaster, where the emergency occurs during a period other than normal

working hours of the employee; and

     (2) "Volunteer member" means a volunteer, call, reserve, or permanent-intermittent

firefighter or emergency medical technician, but shall not include any person who received

compensation for over nine hundred seventy-five (975) hours of services rendered in such

capacity over the preceding six (6) months.

     (c) Any employee who is terminated or against whom any disciplinary action is taken in

violation of the provisions of this section shall be immediately reinstated to his or her former

position without reduction of pay, seniority, or other benefits, and shall receive any lost pay or

other benefits during any period for which such termination or other disciplinary action was in

effect. An action to enforce the provisions of this section shall be commenced within one year of

the date of the alleged violation, in the superior court within the county wherein the action

occurred, or wherein the employer resides or transacts business.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - FAIR EMPLOYMENT PRACTICES

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     This act would prohibit an employer from terminating an employee for failing to report to

regularly scheduled work when the cause for such failure was the employee's official response to

an emergency in his or her capacity as a volunteer firefighter or ambulance technician

     This act would take effect upon passage.

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