H-0980.1  _______________________________________________

                          HOUSE BILL 1420

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Hurst, Roach, Dunshee, Lovick, Woods, Jackley, Mielke, Wood, Carrell, Cooper, Sump, Hatfield, Pflug, Haigh, Conway, Reardon, Morris, Edmonds, Ruderman, O'Brien, Veloria, Poulsen, Morell, Kenney, Bush, Anderson, Cody, Santos, Rockefeller and Kessler

Read first time 01/25/2001.  Referred to Committee on Commerce & Labor.

Prohibiting discrimination against volunteer fire fighters.

    AN ACT Relating to discrimination of volunteer fire fighters; adding a new section to chapter 49.12 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature hereby recognizes the valuable service and dedication volunteer fire fighters provide to support our local communities.  They are asked to serve our citizens and businesses, providing protection and safety services.  Their dedication should be recognized, and support of their efforts should be provided.

NEW SECTION. Sec. 2.  A new section is added to chapter 49.12 RCW to read as follows:

    (1) An employer may not discharge a volunteer fire fighter from employment or discriminate against a volunteer fire fighter in compensation or in other terms or conditions of employment because of leave taken to perform duties as a fire fighter as defined in chapter 41.24 RCW.

    (a) The taking of leave to perform duties as a volunteer fire fighter under this section shall not result in the loss of any benefit, including seniority or pension rights, accrued before the date on which the leave commenced.

    (b) Nothing in this section is to be construed to require the employer to grant benefits, including seniority or pension rights, during any period of leave.

    (c) All policies applied during the period of leave to the classification of employees to which the employee on leave belongs shall apply to the employee on leave.

    (2) This section applies only to a volunteer fire fighter who:

    (a) Is not already at his or her place of employment when called to serve as a volunteer, unless the employer agrees to provide such an accommodation, or as otherwise prescribed by law; and

    (b) Has been ordered to remain at his or her position by the commanding authority at the scene.

    (3) A volunteer fire fighter aggrieved by a violation of this section may bring a civil action against his or her employer in superior court to recover actual damages, or one thousand dollars, whichever is greater, together with the costs of the suit and reasonable attorneys' fees.  The remedy under this section is in addition to any other remedies at law or equity.

    (4) For the purposes of this section, "performance of duty" means responding to, working at, or returning from an alarm of fire, emergency call, or law enforcement duties.

                            --- END ---