Labor and Labor Relations

CHAPTER 28-6.13
The Volunteer Firefighter and Emergency Technician Protection Act

SECTION 28-6.13-3

§ 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 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.

(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.

History of Section.
(P.L. 2016, ch. 114, § 1; P.L. 2016, ch. 119, § 1.)