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HOUSE BILL 405
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Anita Gonzales and Art De La Cruz and Joseph L. Sanchez and
Joseph Franklin Hernandez and Michelle Paulene Abeyta
AN ACT
RELATING TO EMERGENCY RESPONDERS; ENACTING THE VOLUNTEER
FIREFIGHTER SERVICE AND TRAINING JOB RETENTION ACT; REQUIRING
EMPLOYERS TO PROVIDE LEAVES OF ABSENCE TO EMPLOYEES WHO ARE
VOLUNTEER FIREFIGHTERS FOR TIME IN SERVICE AND TRAINING IN
CERTAIN CIRCUMSTANCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Volunteer Firefighter Service and Training Job
Retention Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Volunteer Firefighter Service and Training Job Retention Act:
A. "certified fire department" means a fire
department certified by the state fire marshal;
B. "eligible employee" means an employee who
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volunteers as a firefighter at a certified fire department;
C. "employee" means an individual employed by an
employer, including an individual employed on a part-time
basis;
D. "employer" means any individual, partnership,
association, corporation, business trust, legal representative
or organized group of persons employing one or more employees
at any one time, acting directly or indirectly in the interest
of an employer in relation to an employee, but does not include
the United States. "Employer" includes the state or any
political subdivision of the state and a person providing
remuneration for domestic service in a private home; and
E. "time in service" means time an eligible
employee is responding to an emergency or fire as a volunteer
firefighter during the hours the eligible employee would
normally be working at the eligible employee's regular place of
paid employment.
SECTION 3. [NEW MATERIAL] FIREFIGHTER TRAINING--LEAVE OF
ABSENCE.--
A. An eligible employee shall provide to the
eligible employee's employer a statement signed by the chief of
a certified fire department verifying the eligible employee's
status as a volunteer firefighter and shall provide an updated
statement signed by the chief of a certified fire department
re-verifying the eligible employee's status each subsequent
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calendar year.
B. Upon request, an employer shall provide an
eligible employee a leave of absence not to exceed one hundred
twelve hours per calendar year to attend firefighter training;
provided that the eligible employee shall provide thirty days'
notice to the employer.
SECTION 4. [NEW MATERIAL] FIREFIGHTER--SERVICE LEAVE.--An
employer shall provide an eligible employee a leave of absence
not to exceed one hundred twelve hours per calendar year for
time in service; provided that:
A. the eligible employee notifies the employer upon
being called to service; and
B. the eligible employee provides the employer with
a signed statement from the chief of a certified fire
department verifying the time in service within three days of
the end of each leave of absence.
SECTION 5. [NEW MATERIAL] EFFECT OF A LEAVE OF ABSENCE.--
A. A leave of absence provided pursuant to the
Volunteer Firefighter Service and Training Job Retention Act
may be unpaid leave.
B. A leave of absence provided pursuant to the
Volunteer Firefighter Service and Training Job Retention Act
shall not be used as the basis to:
(1) terminate or demote an eligible employee;
or
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(2) reduce an eligible employee's accrual of
annual or sick leave or seniority.
SECTION 6. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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