General Assembly Committee Bill No. 551
January Session, 2011 LCO No. 3159
*_____SB00551PS_PD_031011____*
Referred to Committee on Public Safety and Security
Introduced by:
(PS)
General Assembly
Committee Bill No. 551
January Session, 2011
LCO No. 3159
*_____SB00551PS_PD_031011____*
Referred to Committee on Public Safety and Security
Introduced by:
(PS)
AN ACT CONCERNING VOLUNTEER FIREFIGHTERS AND AMBULANCE SERVICE VOLUNTEERS EMPLOYED IN THE STATE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 7-322b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) Any active member of a volunteer fire company, as defined in section 7-314, or any emergency medical technician, as defined in section 19a-175, who is a member of an emergency medical service organization and employed between the hours of eight o'clock a.m. and five o'clock p.m. in a municipality other than the municipality in which the volunteer fire company or emergency medical service organization to which the individual belongs is located, may serve as a member of any volunteer fire company or emergency medical service organization located in the municipality where such individual is employed during such hours, subject to the provisions of this section. Nothing herein shall be construed to require any volunteer fire company or emergency medical service organization to accept the services of persons who are available for service pursuant to this section.
(b) [Upon the request of a volunteer fire company or an emergency medical service organization, a municipality may, by vote of its legislative body, provide that the municipality and any person, firm or corporation located within such municipality which employs ten or more persons at one location shall allow any active member of a volunteer fire company, as defined in section 7-314, or any emergency medical technician, as defined in section 19a-175, to leave his place of employment, without loss of pay, vacation time, sick leave or earned overtime accumulation, to respond to an emergency to which a volunteer fire company or emergency medical service organization of the municipality is responding, subject to such conditions and regulations as the municipality may provide by ordinance.] No employer shall (1) discharge, discipline or reduce the wages, vacation time, sick leave or earned overtime accumulation of any employee because such employee is a member in a volunteer fire company or emergency medical service organization or (2) require refusal to respond to an emergency as a condition of continued employment. The requirements of this section shall not be altered by any collective bargaining agreement.
(c) Any such member or technician who participates pursuant to this section shall register with the volunteer fire department or emergency medical service organization in the municipality in which such person is employed. Each volunteer fire company or emergency medical service organization shall maintain a list of individuals employed within the municipality where such volunteer fire company or emergency medical service organization is located and available to respond to an emergency between the hours of eight o'clock a.m. and five o'clock p.m.
(d) The services of a member of a volunteer fire company or emergency medical service organization who leaves a place of employment to respond to an emergency shall be provided in accordance with any internal operating procedures established by the volunteer fire company or emergency medical service organization.
(e) Any member of a volunteer fire company or emergency medical service organization who responds to an emergency pursuant to the provisions of this section shall be entitled to receive all benefits payable under the provisions of sections 7-314 and 7-314a. Such payments shall be made by the municipality in which the fire company or the emergency medical service organization of which such a fireman or technician is a member is located.
[(f) Any volunteer fire company or emergency medical service organization may request the municipality where such company or organization is located to enact the provisions of this section. Such a request shall be made to the chief executive officer of the municipality and shall be considered by the legislative body.]
Sec. 2. Section 7-322c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) No employer shall discharge, or cause to be discharged, or in any manner discriminate against any employee who is an active volunteer firefighter or member of a volunteer ambulance service or company because such employee (1) is late arriving to work or absent from work as a result of responding to a fire or ambulance call prior to [or during] the employee's regular hours of employment, or (2) leaves work in order to respond to a fire or ambulance call during the employee's regular hours of employment provided the employee obtained prior authorization from his or her employer.
(b) Each employee covered by this section shall:
(1) Not later than thirty days after July 9, 2003, or the date on which the employee is certified as a volunteer firefighter or member of a volunteer ambulance service or company, whichever is later, submit to the employer a written statement signed by the chief of the volunteer fire department or the medical director or chief administrator of the ambulance service or company, as the case may be, notifying the employer of the employee's status as a volunteer firefighter or member of a volunteer ambulance service or company;
(2) Make every effort to notify the employer that the employee may report to work late or be absent from work in order to respond to an emergency fire or ambulance call prior to or during the employee's regular hours of employment;
(3) If unable to provide prior notification to the employer of a late arrival to work or an absence from work in order to respond to an emergency fire or ambulance call, submit to the employer a written statement signed by the chief of the volunteer fire department or the medical director or chief administrator of the volunteer ambulance service or company, explaining why the employee was unable to provide such prior notification;
(4) At the employer's request, submit a written statement from the chief of the volunteer fire department or the medical director or chief administrator of the volunteer ambulance service or company verifying that such employee responded to a fire or ambulance call and specifying the date, time and duration of such response;
(5) Promptly notify the employer of any change to the employee's status as a volunteer firefighter or member of a volunteer ambulance service or company, including, but not limited to, the termination of such status.
(c) An employee who is discharged or discriminated against in violation of this section may, not later than one year after the date of the violation, bring an action in the superior court for the judicial district where the violation is alleged to have occurred or where the employer has its principal office, for the reinstatement of the employee's previous job, payment of back wages and reestablishment of employee benefits to which the employee would have otherwise been entitled if such violation had not occurred. The court may award the prevailing party costs, together with reasonable attorney's fees to be taxed by the court.
(d) For purposes of this section, (1) "employer" means a person engaged in business who has employees, including the state and any of its political subdivisions, (2) "employee" means any person engaged in service to an employer in the business of the employer, and (3) "discrimination" includes, but is not limited to, taking away an employee's pay, vacation time, sick leave or earned overtime accumulation.
(e) Any written statement provided to an employer pursuant to subdivision (4) of subsection (b) of this section shall be maintained as confidential by the employer and shall not be further disclosed by the employer except as required by federal or state law, provided the employee is given notice prior to the disclosure.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 7-322b
Sec. 2 October 1, 2011 7-322c
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
7-322b
Sec. 2
October 1, 2011
7-322c
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