S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1916
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2015
                                      ___________
       Introduced  by  M. of A. CROUCH, FINCH, CURRAN, RA -- Multi-Sponsored by
         -- M. of A. GIGLIO, HAWLEY, McDONOUGH, McKEVITT, THIELE --  read  once
         and referred to the Committee on Labor
       AN  ACT  to amend the labor law, in relation to job protection for emer-
         gency service volunteers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The labor law is amended by adding a new section 202-m to
    2  read as follows:
    3    S 202-M. AUTHORIZED ABSENCE. 1. IF AN EMPLOYEE IS ABSENT FROM OR  LATE
    4  TO  HIS  OR  HER EMPLOYMENT IN ORDER TO RESPOND TO AN EMERGENCY PRIOR TO
    5  THE TIME THE EMPLOYEE IS TO REPORT TO HIS OR HER EMPLOYMENT DUE  TO  HIS
    6  OR  HER ENGAGING IN THE ACTUAL PERFORMANCE OF HIS OR HER DUTIES AS (A) A
    7  VOLUNTEER FIREFIGHTER, OR (B) AN ENROLLED MEMBER OF  A  VOLUNTEER  AMBU-
    8  LANCE  SERVICE  PURSUANT  TO ARTICLE THIRTY OF THE PUBLIC HEALTH LAW, AN
    9  EMPLOYER SHALL BE PROHIBITED FROM TERMINATING SUCH EMPLOYEE ON THE BASIS
   10  OF SUCH ABSENCE OR LATENESS.
   11    2. THE ENTIRE PERIOD OF THE AUTHORIZED  ABSENCE  GRANTED  PURSUANT  TO
   12  THIS  SECTION  MAY  BE  CHARGED AGAINST ANY OTHER LEAVE SUCH EMPLOYEE IS
   13  OTHERWISE ENTITLED TO, AND SUCH AUTHORIZED ABSENCE SHALL INCLUDE  TRAVEL
   14  BOTH  TO  AND  FROM  SUCH  DUTIES  PERFORMED IN HIS OR HER CAPACITY AS A
   15  VOLUNTEER. AT THE EMPLOYER'S REQUEST,  THE  EMPLOYEE  MUST  PROVIDE  THE
   16  EMPLOYER  WITH A STATEMENT FROM THE HEAD OF THE VOLUNTEER FIREFIGHTER OR
   17  VOLUNTEER  AMBULANCE  SERVICE,  AS  APPLICABLE,  STATING  THE   EMPLOYEE
   18  RESPONDED TO AN EMERGENCY AND THE TIME OF SUCH RESPONSE.
   19    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05157-01-5