Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Labor & Workplace Standards Committee
SSB 5384
Brief Description: Concerning volunteer firefighters.
Sponsors: Senate Committee on Labor, Commerce & Tribal Affairs (originally sponsored by Senators Warnick, Short and Wilson, L.).
Brief Summary of Substitute Bill
  • Modifies the definition of volunteer firefighter for purposes of employment protection provisions.
Hearing Date: 3/16/21
Staff: Lily Smith (786-7175).
Background:

An employer with 20 or more full-time equivalent employees may not discharge from employment or discipline a volunteer firefighter because of leave taken related to an alarm of fire or an emergency call. 

 

The Department of Labor and Industries (L&I) must investigate complaints filed by volunteer firefighters of alleged violations of these protections.  If L&I determines a violation occurred, the volunteer firefighter may bring an action against the employer for reinstatement or withdrawal of the disciplinary action, including back pay. 

 

For the purposes of these provisions, a volunteer firefighter is a firefighter who:

  • is not paid;
  • is not already at their place of employment when called to serve as a volunteer, unless the employer agrees to provide such accommodation; and
  • has been ordered to remain at their position by the commanding authority at the scene of the fire.
Summary of Substitute Bill:

The definition of volunteer firefighter is modified for the purposes of employment protections.

 

A volunteer firefighter is a firefighter covered under the Volunteer Firefighters' and Reserve Officers' Pension and Relief System who:

  • voluntarily performs, regardless of reimbursement, any assigned or authorized duties on behalf of, or at the direction of, a firefighting or emergency response unit of a city, county, fire district, regional fire protection district, port district, or the state, including service performed under the state fire service mobilization plan; and either
  • has notified their employer of their firefighter status and intent to serve as a volunteer if already at the place of employment when called to serve as a volunteer; or
  • if not already at the place of employment when called to serve as a volunteer, has been ordered to remain at their position by the commanding authority at the scene of the fire.

 

Provisions requiring a firefighter to be unpaid and not already at their place of employment are removed.

Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill contains an emergency clause and takes effect immediately.