2016 -- S 2733

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - THE VOLUNTEER FIREFIGHTER

AND EMERGENCY TECHNICIAN PROTECTION ACT

     

     Introduced By: Senators Sosnowski, and Gee

     Date Introduced: March 09, 2016

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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

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

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CHAPTER 6.13

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THE VOLUNTEER FIREFIGHTER AND EMERGENCY TECHNICIAN PROTECTION ACT

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

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Volunteer Firefighter and Emergency Technician Protection Act".

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     28-6.13-2. Definitions. – As used in this chapter: (1) "Responding to an emergency"

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means responding to, working at the scene of, or returning from a fire, rescue, emergency medical

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service call, hazardous materials incident, or a natural or man-made disaster, where the

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emergency occurs during a period other than normal working hours of the employee; and

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

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

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

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capacity over the preceding six (6) months.

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

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(a) Upon prompt notice by an employee, no employer shall discharge or take any other

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disciplinary action against any employee by reason of failure of that employee to report for work

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at the commencement of regular working hours wherein the failure is due to responding to an

 

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emergency in the capacity as a volunteer member of a fire department or ambulance department;

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

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

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

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

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

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for any failure to report to work as required.

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

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

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

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

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     (c) An action to enforce the provisions of this chapter shall be commenced within one

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

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occurred, or wherein the employer resides or transacts business.

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     SECTION 2. Section 28-5-43 of the General Laws in Chapter 28-5 entitled "Fair

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Employment Practices" is hereby repealed.

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

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

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

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

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

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

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

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

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

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

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

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

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      (b) As used in this section:

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

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

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

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working hours of the employee; and

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

 

LC004557 - Page 2 of 4

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

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

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capacity over the preceding six (6) months.

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

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

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

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

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

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

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occurred, or wherein the employer resides or transacts business.

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     SECTION 3. 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 - THE VOLUNTEER FIREFIGHTER

AND EMERGENCY TECHNICIAN PROTECTION ACT

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

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

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     This act would take effect upon passage.

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