1420-S AMH  REIN 7

SHB 1420 - H AMD

By Representative ___

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1.  A new section is added to chapter 49.12 RCW to read as follows:

     (1) 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.

     (2)(a) A volunteer fire fighter who believes he or she was discharged or disciplined in violation of this section may file a complaint alleging the violation with the director.  The complaint must be filed within ninety days of the alleged violation.

     (b) Upon receipt of the complaint, the director must cause an investigation to be made as the director deems appropriate and must determine whether this section has been violated.  Notice of the director's determination must be sent to the complainant and the employer within ninety days of receipt of the complaint.

     (c) If the director determines that this section was violated and the employer fails to reinstate the employee or withdraw the disciplinary action taken against the employee, whichever is applicable, within thirty days of receipt of notice of the director's determination, the volunteer fire fighter may bring an action against the employer alleging a violation of this section and seeking reinstatement or withdrawal of the disciplinary action.

     (d) In any action brought under this section, the superior court shall have jurisdiction, for cause shown, to restrain violations under this section and to order reinstatement of the employee or withdrawal of the disciplinary action.

     (3) For the purposes of this section:

     (a) "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 activities.

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

     (c) "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.

     (d) "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.

     (e) "Volunteer fire fighter" means a fire fighter who:

     (i) Is not paid;

     (ii) 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

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

     (4) The legislature declares that the public policies articulated in this section depend on the procedures established in this section and no civil or criminal action may be maintained relying on the public policies articulated in this section without complying with the procedures set forth in this section, 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 section."

EFFECT:  Prohibits an employer not only from discharging, but also from discriminating against, a volunteer fire fighter because of leave taken to respond to, work at, or return from a fire alarm or an emergency call, but not from training activities.  These protections apply only to a volunteer fire fighter who is not at his or her place of employment when called to serve as a volunteer, and who has been ordered to remain at his or her position by the commanding authority at the scene of the fire.