HB 1420-S.E - DIGEST

 

                      (DIGEST AS ENACTED)

 

     Provides that an employer may not discharge from employment or discipline a volunteer fire fighter because of leave taken related to an alarm of fire or an emergency call.

     Declares that, for the purposes of this act:

     (1) "Alarm of fire or emergency call" means responding to, working at, or returning from a fire alarm or an emergency call, but not participating in training or other nonemergency activities.

     (2) "Employer" means any person who had twenty or more full-time equivalent employees in the previous year.

     (3) "Reinstatement" means reinstatement with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.

     (4) "Withdrawal of disciplinary action" means withdrawal of disciplinary action with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.

     Provides that a "volunteer fire fighter" means a fire fighter who:

     (1) Is not paid;

     (2) 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; and

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

     Declares that the public policies articulated in this act depend on the procedures established in this act and no civil or criminal action may be maintained relying on the public policies articulated in this act without complying with the procedures set forth in this act, and to that end all civil actions and civil causes of action for such injuries and all jurisdiction of the courts of this state over such causes are hereby abolished, except as provided in this act.