2016 -- H 7328

========

LC004129

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - THE VOLUNTEER FIREFIGHTER

AND EMERGENCY TECHNICIAN PROTECTION ACT

     Introduced By: Representatives Marshall, Azzinaro, Shekarchi, and Ruggiero

     Date Introduced: January 27, 2016

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR

RELATIONS" is hereby amended by adding thereto the following chapter:

CHAPTER 6.13

THE VOLUNTEER FIREFIGHTER AND EMERGENCY TECHNICIAN PROTECTION ACT

     28-6.13-1. Short title. -- This chapter shall be known and may be cited as "The

Volunteer Firefighter and Emergency Technician Protection Act".

     28-6.13-2. Definitions. – As used in this chapter: (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.

     28-6.13-3. Employment protection related to rendering of emergency assistance. --

(a) Upon prompt notice by 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 regular working hours wherein the failure is due to responding to an

emergency in the 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 normal working hours for failure to report for work. At the request of an employer, an

employee shall submit a statement signed by the chief of the appropriate fire department or

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

the emergency. An employee shall inform the employer or immediate supervisor of all reasons

for any failure to report to work as required.

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

violation of the provisions of this chapter shall be immediately reinstated to their 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.

     (c) An action to enforce the provisions of this chapter 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. Section 28-5-43 of the General Laws in Chapter 28-5 entitled "Fair

Employment Practices" is hereby repealed.

     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

LC004129 - Page 2 of 4

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 3. This act shall take effect upon passage.

========

LC004129

========

LC004129 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - THE VOLUNTEER FIREFIGHTER

AND EMERGENCY TECHNICIAN PROTECTION ACT

***

     This act would protect volunteer firefighters and emergency technicians in its own

chapter to clarify the judicial procedure required to remedy employer violations.

     This act would take effect upon passage.

========

LC004129

========

LC004129 - Page 4 of 4