Disaster Service/Volunteer Firefighters. Revised October 2013

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1 Disaster Service/Volunteer Firefighters Revised October 2013 To check whether there is pending legislative issues for your state(s) please click here. To access additional SHRM State Law & Regulation Resources click here. If a state does not appear on the following chart it is due to our not finding any evidence a statute exists for that state. Click the letter corresponding to the state name below. A C D F G I K L M N O P R S T U V W State Alabama Arizona Statute Section Trained employees who volunteer for American Red Cross operations allowed paid leave. An employee of a state agency who is a certified Disaster Services Volunteer of the American Red Cross may be granted leave from work with pay not to exceed 15 work days in any 12-month period to participate in specialized disaster relief services for the American Red Cross, upon the request of the American Red Cross for the services of that employee and upon the recommendation of the employee's agency head and with the approval of the Governor, without loss of seniority, pay, vacation time, sick time, or earned overtime accumulation. The employee's agency shall compensate an employee granted leave under this section at his or her regular rate of pay for those regular work hours during which the employee is absent from work while participating in disaster relief services pursuant to this section. The employee's agency head shall assure that no loss of agency productivity shall result from such recommended and approved leave Leave of absence for certain federal training; definition ---A. The officers and employees of the this state, or of any county, city or town, or of any agency or political subdivision thereof of this state, a county, city or town, shall be granted leaves of absence from their duties without loss of time, pay or efficiency rating: 1. On all days during which they are employed on training duty or to attend camps, maneuvers, formations or drills under orders with any branch, reserve or auxiliary of the armed forces of the United States for a period of not to exceed thirty days in any two consecutive years. 2. On all days during which they are employed on training duty by the national disaster medical system under the United States department of health and human services. B. For the purposes of this section subsection A, paragraph 1, an officer or employee shall not be charged military leave for days on which the individual was not otherwise scheduled for work. The period of time spent in training under orders shall not be deducted from the vacation period with pay to which any officer or employee is otherwise entitled. B. C. For the purposes of this section, "year" means the fiscal year of the United States government Leave of absence and compensation for national disaster medical system employment-- A. An officer or employee of this state who is called into employment to the national disaster medical system under the United States department of health and human services and whose state employment is covered by title 41, chapter 4, articles 5 and 6 or who is exempt pursuant to section , subsection A, paragraph 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12 or 13 or subsection B, paragraph 1, 2, 3, 4, 5, 7 or 8 is eligible for an additional leave of absence until released from active duty by competent authority. During the additional leave of absence, the officer or employee shall continue to receive the officer's or employee's salary or compensation,

2 Arkansas California less the amount of all pay and allowances for activities while on active duty with the national disaster medical system. B. An officer or employee who receives salary or compensation pursuant to subsection A of this section is not entitled to accrue annual leave or sick leave during the period of active duty. C. An officer or employee may receive compensation pursuant to subsection A of this section for the continuous duration of the officer's or employee's order. D. Within sixty days after an officer or employee who receives pay differential pursuant to this section completes the period of active duty, the officer or employee shall provide proof that the officer or employee rendered honorable service while on active duty during any period for which the officer or employee received the pay differential pursuant to this section. This state may seek recovery of the pay differential from any person who fails to provide proof of honorable service. E. The rights and duties of an officer or employee who is subject to this section is subject to the uniformed services employment and reemployment rights act (38 United States Code chapter 43). F. The director of the department of administration shall establish procedures to be used by an eligible officer or employee to receive compensation pursuant to subsection A of this section Disaster Leave. (a) An employee of a state agency or an employee of a statesupported institution of higher learning who is trained and certified as a disaster service volunteer by the American Red Cross, whose specialized disaster relief services are requested by the American Red Cross in connection with a disaster, and who obtains consent from the chief executive officer of his or her state agency or state-supported institution of higher learning may be granted leave from work with pay for not more than fifteen (15) working days in any calendar year to participate in specialized disaster relief, without loss of seniority, pay, annual leave, sick leave, compensatory time, offset time, or overtime wages. (b) The state agency or statesupported institution of higher learning shall compensate an employee granted leave under this section at the employee's regular rate of pay for those regular work hours during which the employee is absent from work. (c) Leave under this subchapter shall be granted only for disaster relief services occurring within the State of Arkansas or for disaster relief services occurring within states contiguous to the State of Arkansas. (d) An employee deemed to be on leave under this chapter shall not be deemed to be an employee of the state or of a state-supported institution of higher learning for purposes of workers' compensation ; Emergency Leave. (a)no employer shall discharge or in any manner discriminate against an employee for taking time off to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel. (b) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because the employee has taken time off to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor. (c) Subdivisions (a) and (b) of this section shall not apply to any public safety agency or provider of emergency medical services when, as determined by the employer, the employee's absence would hinder the availability of public safety or emergency medical services. (d) (1) For purposes of this section, "volunteer firefighter" shall have the same meaning as the term "volunteer" in subdivision (m) of Section of the Government Code. (2) For purposes of this section, "emergency rescue personnel" means any person who is an officer, employee, or member of a fire department or fire protection or firefighting agency of the federal government, the State of California, a city, county, city and county, district, or other public or municipal corporation or political subdivision of this state, or of a sheriff's department, police department, or a private fire department, whether that person is a volunteer or partly paid or fully paid, while he or she is actually engaged in providing emergency services as defined by subdivision (e) of Section of the Health and Safety Code. (a) An employee who is a volunteer firefighter, and works for an employer employing 50 or more employees, shall be permitted to take temporary leaves of absence, not to exceed an aggregate of 14 days per calendar year, for the

3 Colorado purpose of engaging in fire or law enforcement training. (b) An employee who works for an employer employing 50 or more employees who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because the employee has taken time off to engage in fire or law enforcement training as provided in subdivision (a), is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. (c) An employee seeking reinstatement and reimbursement pursuant to this section may file a complaint with the Division of Labor Standards Enforcement in accordance with Section 98.7, and upon receipt of such a complaint, the Labor Commissioner shall proceed as provided in that section Disaster Services Leave. State employees who are certified disaster service volunteers of the American Red Cross may be granted a paid leave of absence to participate in specialized disaster relief services. The leave cannot exceed five days in 12 months to participate in specialized disaster relief services in Colorado or 15 days in a 12-month period to participate in disaster relief services in a national disaster. Such leave may not be accumulated. During this leave, the employee is not considered to be a state employee for purposes of workers' compensation Qualified volunteers - leave of absence public employees. (2) The leave allowed pursuant to subsection (1) of this section shall be allowed only if the qualified volunteer returns to his or her public position as soon as practicable THE NEXT SCHEDULED WORK DAY after being relieved from emergency volunteer service; EXCEPT THAT LEAVE SHALL BE ALLOWED PURSUANT TO SUBSECTION (1) OF THIS SECTION IF THE EMPLOYEE IS UNABLE TO RETURN TO WORK DUE TO INJURY OR CIRCUMSTANCES BEYOND THE EMPLOYEE'S CONTROL AND THE EMPLOYEE NOTIFIES THE EMPLOYER AS SOON AS PRACTICABLE, BUT PRIOR TO THE NEXT SCHEDULED WORK DAY (1) An employer shall not terminate an employee who is a volunteer firefighter and who fails to report to work because the employee has responded to an emergency summons if the employee provides the employer with a written statement from the chief of the fire department that the employee's absence was due to the response. (1.5) AN EMPLOYER SHALL NOT TERMINATE AN EMPLOYEE WHO IS A VOLUNTEER FIREFIGHTER AND WHO LEAVES WORK TO RESPOND TO AN EMERGENCY SUMMONS, IF: (a) THE EMPLOYER DOES NOT DEEM THE EMPLOYEE TO BE ESSENTIAL TO THE OPERATION OF THE EMPLOYER'S DAILY ENTERPRISE; (b) THE EMPLOYER HAS PREVIOUSLY RECEIVED WRITTEN DOCUMENTATION FROM THE FIRE CHIEF OF THE EMPLOYEE'S FIRE DEPARTMENT NOTIFYING THE EMPLOYER OF THE EMPLOYEE'S STATUS AS A VOLUNTEER FIREFIGHTER; (c) THE EMERGENCY IS WITHIN THE RESPONSE AREA OF THE EMPLOYEE'S FIRE DEPARTMENT AND IS OF SUCH MAGNITUDE THAT THE EMERGENCY SUMMONS ISSUED BY THE FIRE CHIEF REQUIRES ALL FIREFIGHTERS TO RESPOND; AND (d) THE CHIEF OF THE EMPLOYEE'S FIRE DEPARTMENT PROVIDES THE EMPLOYER WITH A WRITTEN STATEMENT VERIFYING THE TIME, DATE, AND DURATION OF THE EMPLOYEE'S RESPONSE. (2) An employer may deduct time lost from employment caused by a response to an emergency summons from the wages of an employee who is a volunteer firefighter. (3) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, IF A VOLUNTEER FIREFIGHTER IS CALLED TO AN EMERGENCY PURSUANT TO PART 22 OF ARTICLE 32 OF TITLE 24, C.R.S., THE PROVISIONS OF SECTION OR , C.R.S., SHALL CONTROL REGARDING THE VOLUNTEER FIREFIGHTERS ABSENCE OR LEAVE FROM WORK. UNDER NO CIRCUMSTANCES SHALL A VOLUNTEER FIREFIGHTER'S LEAVE EXCEED THE AMOUNT ALLOWED PURSUANT TO SECTION OR , C.R.S. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

4 Connecticut Delaware Sec Leave for volunteer fire or ambulance duty and specialized disaster relief services. (a) Any state employee who is an active volunteer firefighter or member of a volunteer ambulance service or company may, with the authorization of his appointing authority, be permitted to respond to fire calls or ambulance calls during his regular hours of employment without loss of pay, vacation time, sick leave or earned overtime accumulation. (b) Effective October 1, 2007, any state employee who is a certified disaster service volunteer of the American Red Cross may, with the authorization of his supervisor, be granted a leave not to exceed fifteen days in each year to participate in specialized disaster relief services for the American Red Cross, upon the request of the American Red Cross, without loss of pay, vacation time, sick leave or earned overtime accumulation. (c) Any state employee who is an active volunteer firefighter or member of a volunteer ambulance service or company may, with the authorization of his appointing authority, be allowed to attend training sessions or drills during his regular hours of employment without loss of pay, overtime accumulation or sick leave s of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) The State Fire Administrator, within available appropriations, shall develop model guidelines, on or before January 1, 2007, to be used by municipalities with paid municipal emergency personnel and municipalities with volunteer emergency personnel in entering into agreements authorizing volunteer emergency personnel to serve during personal time. (b) A municipality with paid municipal emergency personnel and a municipality with volunteer emergency personnel may enter into an agreement authorizing paid emergency personnel to serve during personal time as active members of a volunteer fire department in the municipality in which they reside. In developing such agreements, such municipalities shall consider the model guidelines developed by the State Fire Administrator pursuant to subsection (a) of this section. (c) The municipalities that are parties to an agreement entered into under subsection (b) of this section may request the Labor Commissioner, within available appropriations, to provide assistance in resolving such issues arising out of the agreement as the commissioner deems appropriate. Sec. 2. On and after the effective date of this section, no municipality shall enter into a contract that prohibits paid firefighters or paid emergency personnel of such municipality from serving as active members of a volunteer fire department in the municipality in which such firefighters or emergency personnel reside during personal time Volunteer Firefighters, Ambulance Personnel and Ladies Auxiliary. It shall be an unlawful employment practice for an employer to refuse to hire, to discharge, or otherwise discriminate against any individual with respect to compensation, terms, conditions or privileges of employment because of such individual's service rendered to a volunteer fire or ambulance company, or related ladies auxiliary. This section shall not prevent an employer from taking otherwise lawful actions regarding hiring or discharging such personnel Definitions. As used in this chapter, unless the context otherwise requires: (1) "Employer" means any person employing ten or more employees; and (2) "Volunteer emergency responder" means a volunteer firefighter, a member of a ladies auxiliary of a volunteer fire company, volunteer emergency medical technician and/or a volunteer fire police officer Employer; prohibited acts. No employer shall terminate, demote or take any other disciplinary action against any employee who is a volunteer emergency responder if: (1) such employee, when acting as a volunteer emergency responder, is absent from his or her place of employment in order to respond to a Governor-declared State of Emergency lasting up to 7 consecutive days; or (2) such employee, when acting as a volunteer emergency responder, is absent from his or her place of employment in order to respond to a President-declared National Emergency lasting up to 14 consecutive days; or (3) such employee is absent from his or her place of employment due to injury sustained by such employee when acting as a volunteer emergency responder including responding to an emergency Employer; adjustments to wages authorized. An employer may subtract from an employee's earned wages any time such employee is away from his or her place of employment

5 for reason described in 1903 of this Act Employee; duty to notify employer. An employee shall make a reasonable effort to notify his or her employer that he or she may be absent from his or her place of employment upon the occurrence of an event described in 1903 of this Act Employee; provide written statement; contents. (a) At an employer's request, an employee, acting as a volunteer emergency responder, who is absent from his or her place of employment in order to respond to an emergency shall provide his or her employer, within seven days of such request, a written statement signed by the individual in charge of the volunteer department or another individual authorized to act for such individual that includes the following: That the employee responded to an emergency; the date and time of the emergency; and the date and time such employee completed his or her volunteer emergency activities. (b) At an employer's request, an employee, who is absent from his or her place of employment due to injury sustained by such employee while responding to an emergency shall provide his or her employer, within seven days of such request, a written statement signed by the relevant medical professional or another individual authorized to act for such medical professional that includes the following: That the employee was seen by such medical professional, the date the employee s job Wrongful termination of employment or disciplinary action; reinstatement; action to enforce act. An employee who is terminated or against whom any disciplinary action is taken in violation of this Act shall be immediately reinstated to his or her former position, if wrongfully terminated, without reduction of wages, seniority, or other benefits and shall receive any lost wages or other benefits, if applicable, during any period for which such termination or other disciplinary action was in effect. An action to enforce this Act may be brought by the employee to recover any lost wages or other benefits, including court costs and reasonable attorney's fees. An action to enforce this Act shall be commenced within one year after the date of violation Leave for volunteer emergency duty. Any state employee, who is an active volunteer firefighter or active auxiliary member may, with the approval of the agency which employs such person, be permitted to respond to fire, rescue, ambulance or other emergency calls during regular hours of employment without loss of pay, vacation, sick leave or personal leave credit Disaster service volunteer leave. (a) An employee of a state agency who is a certified disaster service volunteer may be granted leave from work with pay, in accordance with subsection (b) below, for up to an aggregate of 15 work days, consecutively or nonconsecutively, in any 12-month period to participate in specialized disaster relief services for the American Red Cross in connection with any disaster, upon the request of the American Red Cross for such employee's services and upon the approval of such employee's employing agency. (b) An employee of a state agency granted leave pursuant to subsection (a) of this section shall be compensated by the employee's employing agency at the employee's regular rate of pay for those regular work hours during which the employee is absent from work, but shall not receive overtime pay, shift differential pay, hazardous duty pay or any other form of pay or compensation in addition to the employee's regular pay. An employee of a state agency who is granted leave pursuant to subsection (a) of this section shall not lose any seniority or any already accumulated vacation time, sick time or earned overtime due to such leave. (c) The State shall not be liable for workers' compensation claims arising from accident or injury while the state employee is on assignment as a certified disaster service volunteer for the American Red Cross. Duties performed while on disaster leave shall not be considered to be a work assignment by a state agency. In determining whether to grant leave to an employee, the employee's employing agency may consider the needs of the American Red Cross for expertise in a particular certified area. The employee's activities and job functions while on leave, however, shall not be directed by the State but shall be determined and controlled solely by the American Red Cross. (d) An employee who is on leave pursuant to this section shall not be deemed to be an employee of the

6 Florida Georgia Idaho Illinois State for purposes of the Delaware Tort Claims Act Administrative leave for disaster service volunteers. An employee of a state agency who is a certified disaster service volunteer of the American Red Cross may be granted a leave of absence with pay for not more than 15 working days in any 12-month period to participate in specialized disaster relief services for the American Red Cross. Such leave of absence may be granted upon the request of the American Red Cross and upon the approval of the employee's employing agency. An employee granted leave under this section shall not be deemed to be an employee of the state for purposes of workers' compensation. Leave under this act may be granted only for services related to a disaster occurring within the boundaries of the State of Florida, except that, with the approval of the Governor and Cabinet, leave may be granted for services in response to a disaster occurring within the boundaries of the United States Disaster Services Leave. An employee of a state agency who is a certified disaster service volunteer of the American Red Cross may be granted leave from his or her work with pay for not to exceed 15 workdays in any 12 month period to participate in specialized disaster relief services for the American Red Cross, upon the request of the American Red Cross for the services of that employee and upon the approval of that employees agency and coordinated through the director of emergency management, without loss of seniority, pay, vacation time, compensatory time, sick time, or earned overtime accumulation. The state agency shall compensate an employee granted leave under this Code section at his or her regular rate of pay for those regular hours during which the employee is absent from work. Leave under this article shall be granted only for the services related to a disaster occurring within this state or in a contiguous state which has a reciprocal statutory provision Red Cross Disaster Services. An employee of the state of Idaho, who is a certified disaster service volunteer, shall be granted paid leave for an aggregate of up to one hundred twenty (120) work hours, consecutively or non-connectively, in any twelve (12) month period to participate in disaster relief services for the American red cross. Such leave shall be limited to services related to a disaster of level III, or higher, upon the declaration of the governor or the president of the United States, and shall be in the state of Idaho or a state contiguous to the state of Idaho. The request shall be in writing from an official of the American redcross for such employee's services. Leave for disaster services shall be in addition to other paid leave or vacation time provided to employees. Part-time employees shall be entitled to leave under this section based on the proportion they work of a forty (40) hour week. Section Disaster Service Leave With Pay. Any employee, excepting those in temporary, emergency or per diem status, who is a certified disaster service volunteer of the American Red Cross may be granted leave with pay for up to 20 working days in any 12-month period for disasters within Illinois. The leave may be granted upon request of the American Red Cross and approval of the employee's agency. Disasters must be disasters designated at a Level III and above Disaster Service Leave With Pay - Terrorist Attack. In order to provide needed volunteer assistance in response to the terrorist attack that occurred on September 11, 2001, any employee, excepting those in temporary, emergency or per diem status, may be granted leave with pay for up to 20 working days in any 12 month period if such leave is requested by the American Red Cross or the Illinois Emergency Management Agency and approved by the employee's agency. 50 ILCS 748/3 As used in this Act: "Volunteer emergency worker" means a firefighter who does not receive monetary compensation for his or her services to a fire department or fire protection district and who does not work for any other fire department or fire protection district for monetary compensation. "Volunteer emergency worker" also means a person who does not receive monetary compensation for his or her services as a volunteer Emergency Medical Technician (licensed as an EMT-B, EMT-I, or EMT-P under the Emergency Medical Services (EMS) Systems Act), a volunteer ambulance driver or attendant, or a volunteer "First

7 Responder", as defined in Sec of the Emergency Medical Services (EMT) Systems Act, to a fire department, fire protection district, or other governmental entity and who does not work in one of these capacities for any other fire department, fire protection district, or governmental entity for monetary compensation. "Monetary compensation" does not include a monetary incentive awarded to a firefighter by the board of trustees of a fire protection district under Section 6 of the Fire Protection District Act. 50 ILCS 748/5 (a) No public or private employer may terminate an employee who is a volunteer emergency worker because the employee, when acting as a volunteer emergency worker, is absent from or late to his or her employment in order to respond to an emergency prior to the time the employee is to report to his or her place of employment. (b) An employer may charge, against the employee's regular pay, any time that an employee who is a volunteer emergency worker loses from employment because of the employee's response to an emergency in the course of performing his or her duties as a volunteer emergency worker. (c) In the case of an employee who is a volunteer emergency worker and who loses time from his or her employment in order to respond to an emergency in the course of performing his or her duties as a volunteer emergency worker, the employer has the right to request the employee to provide the employer with a written statement from the supervisor or acting supervisor of the volunteer fire department or governmental entity that the volunteer emergency worker serves stating that the employee responded to an emergency and stating the time and date of the emergency. (d) An employee who is a volunteer emergency worker and who may be absent from or late to his or her employment in order to respond to an emergency in the course of performing his or her duties as a volunteer emergency worker must make a reasonable effort to notify his or her employer that he or she may be absent or late. Indiana 50 ILCS 748/20 This Act does not apply to any employer that is a municipality with a population of 7500 or more. IC (a) An employee may not be disciplined for absence from work if: (1) the employee is a member of a volunteer fire department under IC ; (2) the employee has notified the employee's immediate supervisor in writing that the employee is a member of a volunteer fire department; (3) the employee presents a written statement to the employee's immediate supervisor from the chief or other officer in charge of the volunteer fire department that the employee was engaged in emergency firefighting activity at the time of the employee's absence from work; and (4) the employee secures authorization from the employee's supervisor to leave the employee's duty station if the employee has already reported for work. (b) An employee who: (1) is a member of a volunteer fire department under IC ; and (2) is injured while the employee is engaged in emergency firefighting or other emergency response; may not be disciplined as a result of the injury or an absence from work because of the injury if the employee complies with subsections (a) and (c). However, for each instance of emergency firefighting activity or other emergency response that results in an injury to an employee, this subsection applies only to the period of the employee's absence from work that does not exceed six (6) months from the date of the injury. (c) The immediate supervisor of an employee described in subsection (b) may require the employee to provide evidence from a physician or other medical authority showing: (1) treatment for the injury at the time of the absence; and (2) a connection between the injury and the employee's emergency firefighting or other emergency response activities. (d) To the extent required by federal or state law, information obtained under subsection (c) by an immediate supervisor must be: (1) retained in a separate medical file created for the employee; and (2) treated as a confidential medical record. (e) The state personnel department shall administer an absence from employment under subsection (b) in a manner consistent with the federal Family and Medical Leave Act of 1993 (29 U.S.C et seq.), as amended and in effect on January 1, IC (a) This section does not apply to an employee of the state subject to IC (b) This section applies to an employee of a political subdivision who: (1) is a volunteer firefighter or volunteer member; and (2) has notified the employee's employer in writing that the

8 employee is a volunteer firefighter or volunteer member. (c) The political subdivision employer may not discipline an employee: (1) for being absent from employment by reason of responding to a fire or emergency call that was received before the time that the employee was to report to employment; (2) for leaving the employee's duty station to respond to a fire or an emergency call if the employee has secured authorization from the employee's supervisor to leave the duty station in response to a fire or an emergency call received after the employee has reported to work; or (3) for: (A) an injury; or (B) an absence from work because of an injury; that occurs while the employee is engaged in emergency firefighting or other emergency response. However, for each instance of emergency firefighting activity or other emergency response that results in an injury to an employee, subdivision (3) applies only to the period of the employee's absence from work that does not exceed six (6) months from the date of the injury. (d) The political subdivision employer may require an employee who has been absent from employment as set forth in subsection (c) to present a written statement from the fire chief or other officer in charge of the volunteer fire department, or officer in charge of the volunteer emergency medical services association, at the time of the absence or injury indicating that the employee was engaged in emergency firefighting or emergency activity at the time of the absence or injury. (e) The political subdivision employer may require an employee who is injured or absent from work as described in subsection (c)(3) to provide evidence from a physician or other medical authority showing: (1) treatment for the injury at the time of the absence; and (2) a connection between the injury and the employee's emergency firefighting or other emergency response activities. (f) To the extent required by federal or state law, information obtained under subsection (e) by a political subdivision employer must be: (1) retained in a separate medical file created for the employee; and (2) treated as a confidential medical record. (g) An employee who is disciplined by the employer in violation of subsection (c) may bring a civil action against the employer in the county of employment. In the action, the employee may seek the following: (1) Payment of back wages. (2) Reinstatement to the employee's former position. (3) Fringe benefits wrongly denied or withdrawn. (4) Seniority rights wrongly denied or withdrawn. An action brought under this subsection must be filed within one (1) year after the date of the disciplinary action. (h) A public servant who permits or authorizes an employee of a political subdivision under the supervision of the public servant to be absent from employment as set forth in subsection (c) is not considered to have committed a violation of IC (b). IC (a) This section applies to an employee of a private employer who: (1) is a volunteer firefighter or volunteer member; and (2) has notified the employee's employer in writing that the employee is a volunteer firefighter or volunteer member. (b) Except as provided in subsection (c), the employer may not discipline an employee: (1) for being absent from employment by reason of responding to a fire or emergency call that was received before the time that the employee was to report to employment; (2) for leaving the employee's duty station to respond to a fire or emergency call if the employee has secured authorization from the employee's supervisor to leave the duty station in response to a fire or an emergency call received after the employee has reported to work; or (3) for: (A) an injury; or (B) an absence from work because of an injury; that occurs while the employee is engaged in emergency firefighting or other emergency response. However, for each instance of emergency firefighting activity or other emergency response that results in an injury to an employee, subdivision (3) applies only to the period of the employee's absence from work that does not exceed six (6) months from the date of the injury. (c) After the employer has received the notice required under subsection (a)(2), the employer may reject the notification from the employee on the grounds that the employee is an essential employee to the employer. If the employer has rejected the notification of the employee: (1) subsection (b) does not apply to the employee; and (2) the employee must promptly notify the: (A) fire chief or other officer in charge of the volunteer fire department; or (B) the officer in charge of the volunteer emergency medical services association; of the rejection of the notice of the employee who is a volunteer firefighter or a volunteer member. (d) The employer may require an employee who has been absent from employment as set forth in subsection (b) to present a written statement from the fire chief or other officer in charge of the volunteer fire department, or officer in charge of the emergency

9 medical services association, at the time of the absence or injury indicating that the employee was engaged in emergency firefighting or emergency activity at the time of the absence or injury. (e) The employer may require an employee who is injured or absent from work as described in subsection (b)(3) to provide evidence from a physician or other medical authority showing: (1) treatment for the injury at the time of the absence; and (2) a connection between the injury and the employee's emergency firefighting or other emergency response activities. (f) To the extent required by federal or state law, information obtained under subsection (e) by an employer must be: (1) retained in a separate medical file created for the employee; and (2) treated as a confidential medical record. IC (a) The employer may require an employee who will be absent from employment as set forth in: (1) section 10.5(c)(1); or (2) section 10.7(b)(1); of this chapter to notify the employer before the scheduled start time for the absence from employment to be excused by the employer. (b) The employer is not required to pay salary or wages to an employee who has been absent from employment as set forth in section 10.5(c) or 10.7(b) of this chapter for the time away from the employee's duty station. The employee may seek remuneration for the absence from employment by the use of: (1) vacation leave; (2) personal time; (3) compensatory time off; or (4) in the case of an absence from employment as set forth in section 10.5(c)(3) or 10.7(b)(3) of this chapter, sick leave. (c) An employer shall administer an absence from employment as set forth in section 10.5(c)(3) or 10.7(b)(3) in a manner IC Employer approval of leave. Upon notification of a disaster by the governor, a state agency shall grant approval for an employee to participate in specialized disaster relief services in Indiana. IC (a) The governor, or the executive director at the request of the governor, may establish the number of mobile support units necessary to respond to a disaster, public health emergency, public safety emergency, or other event that requires emergency action. A mobile support unit may consist of at least one (1) individual. The executive director shall appoint a commander for each unit who has primary responsibility for the: (1) organization; (2) administration; and (3) operation; of the unit. Mobile support units shall be called to duty for training, an exercise, or a response upon orders of the governor or the executive director and shall perform the units' functions in any part of Indiana or in other states, upon the conditions specified in this section. The term of this duty shall be for a limited period of not more than sixty (60) days. However, the executive director may renew the duty orders for successive periods of not more than sixty (60) days if necessary for the mobile support unit to participate in or respond to the event. Members serving on the mobile support units are immune from discipline or termination by the members' employers for serving in the units. (b) An individual selected to serve as a member of a mobile support unit may be unemployed, retired, self-employed, or employed: (1) in any capacity, including: (A) emergency management; (B) fire services;(c) emergency medical services; (D) law enforcement; (E) public health; (F) medicine; (G) public works; or (H) mental health; and (2) by any employer, including: (A) the federal government; (B) the state; (C) a political subdivision; or (D) a business or organization. (c) While on duty for training, an exercise, or a response, an individual serving as a member of a mobile support unit, whether within or outside Indiana: (1) if the individual is an employee of the state or a political subdivision of the state, whether serving within or outside the political subdivision, the individual has the: (A) powers; (B) duties; (C) rights; (D) privileges; and (E) immunities; and shall receive the compensation and benefits incidental to the individual's employment; and (2) if the individual is not an employee of the state or a political subdivision of the state, the individual is entitled to the same rights and immunities that are provided for an employee of the state. An individual described in this subsection is considered an emergency management worker for purposes of section 15 of this chapter. (d) If a mobile support unit is deployed outside Indiana under the emergency management assistance compact, an individual serving as a member of the mobile support unit who is not an employee of the state is considered an employee of the state for purposes of the compact. (e) Personnel of mobile support units, while on duty, are subject to

10 Iowa Kansas the operational control of the authority in charge of emergency management activities in the area in which the personnel are serving. (f) The state may reimburse a political subdivision for: (1) the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of an employee of the political subdivision while the employee is serving as a member of a mobile support unit; (2) all payments for death, disability, or injury of an employee incurred in the course of duty while the employee was serving as a member of a mobile support unit; and (3) all losses of or damage to supplies and equipment of the political subdivision or the employee incurred while the employee was serving as a member of a mobile support unit.(g) For an individual of a mobile support unit who is not an employee of the state or a public subdivision, the state may: (1) compensate the individual: (A) at a rate of pay approved by the executive director; (B) by (i) travel; (ii) subsistence; and (iii) maintenance; expenses of the individual of the mobile support unit incurred while the individual is on duty as a member of a mobile support unit; and (C) for all losses of or damage to supplies and equipment of the individual incurred while the individual is on duty as a member of a mobile support unit; or (2) reimburse the individual's employer for: (A) the compensation paid and the actual and necessary: (i) travel; (ii) subsistence; and (iii) maintenance; expenses of the employee while the employee is on duty as a member of a mobile support unit; (B) all payments for: (i) death;(ii) disability; or (iii) injury; of the employee while the employee was on duty as a member of a mobile support unit; and (C) all losses of or damage to supplies and equipment of the employer or the employee incurred in the course of duty while the employee was on duty as a member of a mobile support unit. (h) An officer or employee of the state by virtue of employment is subject to assignment: (1) on a permanent basis to a mobile support unit in accordance with the state: (A) emergency management program; and (B) emergency operations plan; or (2) on a temporary basis to an emergency management activity to meet a particular need in the event of an emergency. Refusal to accept and perform the duties of an assignment constitutes grounds for dismissal from state employment. 70A.26 Disaster service volunteer leave. An employee of an appointing authority who is a certified disaster service volunteer of the American red cross may be granted leave with pay from work for not more than fifteen working days in any twelve-month period to participate in disaster relief services for the American red cross at the request of the American red cross for the services of that employee and upon the approval of the employee's appointing authority without loss of seniority, pay, vacation time, personal days, sick leave, insurance and health coverage benefits, or earned overtime accumulation. The appointing authority shall compensate an employee granted leave under this section at the employee's regular rate of pay for those regular work hours during which the employee is absent from work. An employee deemed to be on leave under this section shall not be deemed to be an employee of the state for purposes of workers' compensation. An employee deemed to be on leave under this section shall not be deemed to be an employee of the state for purposes of the Iowa tort claims Act. Leave under this section shall be granted only for services relating to a disaster in the state of Iowa leave from work with pay for certified disaster service volunteers of American red cross; rate of compensation and preservation of benefits; when leave may be granted.an employee of a state agency who is a certified disaster service volunteer of the American red cross may be granted leave from work with pay for not more than 20 working days in any twelve-month period to participate in s pecialized disaster relief services for the American red cross, upon the request of the American red cross for the services of that employee and upon the approval of that employee's state agency, without loss of seniority, pay, vacation leave, compensatory time, personal vacation days, sick leave or earned overtime accumulation. The state agency shall compensate an employee granted leave under this section at the employee's regular rate of pay for those regular work hours during which the employee is absent from work. An employee deemed to be on leave under this section shall not be deemed to be an employee of the state for purposes of workers compensation. An employee deemed to be on leave under this section shall not be deemed to be an employee of the state for purposes of the Kansas tort claims act. Leave under this act shall be granted only for services related to a disaster occurring within the state of Kansas and states contiguous to Kansas.

11 Kentucky Louisiana (1) No employer shall terminate an employee who is a volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or a member of an emergency management agency because that employee, when acting as a volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or a member of an emergency management agency, is absent or late to the employee's employment in order to respond to an emergency prior to the time the employee is to report to his or her place of employment. (2) An employer may charge any time that an employee who is a volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or a member of an emergency management agency loses from employment because of the employee's response to an emergency against the employee's regular pay. (3) An employer may request an employee who loses time from the employee's employment to respond to an emergency to provide the employer with a written statement from the supervisor or acting supervisor of the volunteer fire department, rescue squad, emergency medical services agency, law enforcement agency, or the director of the emergency management agency stating that the employee responded to an emergency and listing the time and date of the emergency. (4) No employer shall terminate an employee who is a volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or member of an emergency management agency who is absent for a period of no more than twelve (12) months from the employee's employment because of injuries incurred in the line of duty. The volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or member of an emergency management agency shall provide, at the request of his or her employer: (a) A written statement from the supervisor, acting supervisor, or director of the volunteer fire department, rescue squad, emergency medical services agency, law enforcement agency, or emergency management agency under whose command the employee was on active duty and on assignment with that fire department, rescue squad, emergency medical services agency, law enforcement agency, or emergency management agency when the injury occurred; and (b) A written statement from at least one (1) licensed and practicing physician stating that the volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or member of an emergency management agency is injured and a date for the employee's return to work. (5) Any employee that is terminated in violation of the provisions of this section may bring a civil action against his or her employer. The employee may seek reinstatement to the employee's former position, payment of back wages, reinstatement of fringe benefits, and where seniority rights are granted, the reinstatement of seniority rights. In order to recover, the employee shall file this action within one (1) year of the date of the violation of this section Leave of absence; disaster relief; annual limitation; compensation and benefits. A. A public employee who is a disaster service volunteer may be granted leave from his regular work assignment, with pay, for a period not to exceed fifteen work days in any twelve-month period to participate in specialized disaster relief services for the American Red Cross when requesting such leave and upon approval of the employing agency, as provided in this Part. B. Any public employee who is granted disaster service leave shall not forfeit any seniority, pay, vacation time, sick leave, or earned overtime accumulation as a result of his participation in the Disaster Service Leave Program Notification of employer. A qualified public employee shall notify his employing agency of his desire for leave of absence as soon as practicable following the occurrence of a disaster within the state of Louisiana for which his services are needed by a Louisiana unit of the American Red Cross. B. All requests for disaster service leave of absence under the provisions of this Part shall be made in writing to the appointing authority of the employing agency, and shall include all of the following: (1) Certification by the employee that he is a Trained Disaster Volunteer. (2) The nature and location of the disaster to which he is requested to respond. (3) The anticipated duration of his expected leave. (4) The type of service he is to provide to the American Red Cross. (5) The identity and title of the official of the American Red Cross unit who will be supervising the employee. (6) A written request for the employee's services from an official of the American Red Cross.

12 Maryland Minnesota Mississippi Missouri Reinstatement after disaster service leave. Any public employee who has been granted leave to participate in relief services connected with a disaster, pursuant to this Part, shall be restored to his previous position of employment upon giving notice to the employing agency twenty-four hours prior to his return to employment, provided that the public employee submit written certification from the supervising official of the American Red Cross unit that the public employee has rendered volunteer disaster relief services showing the number of hours of service rendered by the public employee Disaster service leave. (a) Applicability of section.- This section applies to all employees, including temporary employees, of all units in the Executive, Judicial, and Legislative Branches of State government, including any unit with an independent personnel system. (b) Requirements for leave with pay.- On request, an employee subject to this section may be entitled to disaster service leave with pay if: (1) the employee is certified by the American Red Cross as a disaster service volunteer; and (2) the American Red Cross requests the services of the employee during a disaster that is designated at Level II or above in the regulations and procedures of the National Office of the American Red Cross. (c) Amount allowed.- An employee may use up to 15 days of disaster service leave in any 12-month period only after obtaining approval from the employee's appointing authority. (d) Employment status for purposes of certain claims.- For purposes of workers' compensation and the Maryland Tort Claims Act, while an employee is using disaster service leave, the employee is deemed not to be a State employee. 43A.185 Disaster volunteer leave. Subdivision 1. Leave authorized. A state employee who is a certified disaster service volunteer of the American Red Cross may be granted leave from work with 100 percent of pay, not to exceed 15 working days in each year, to participate in specialized disaster relief services for the American Red Cross. The employee must be released from work for this function upon the request of the American Red Cross for the services of that employee, and upon the approval of that employee's appointing authority. The appointing authority shall compensate the employee granted leave under this section at 100 percent of the employee's regular rate of pay for those regular hours during which the employee is absent from work. This leave, if granted by the appointing authority, may not affect the employee's vacation leave, pension, compensatory time, personal vacation days, sick leave, earned overtime accumulation, or cause a loss of seniority. Subd. 2. Liability. The state is not liable for workers' compensation claims arising from accident or injury while a state employee is on assignment as a certified disaster service volunteer for the American Red Cross. Duties performed while on disaster leave are not considered to be a work assignment by a state agency. The employee is granted leave based on the need for expertise in the employee's certified area. Job functions, although similar or related to the employee's state job functions, are performed on behalf of and for the benefit of the American Red Cross Compensatory leave; administrative leave. (c) The appointing authority may grant administrative leave with pay to any employee who is a certified disaster service volunteer of the American Red Cross who participates in specialized disaster relief services for the American Red Cross in this state and in states contiguous to this state when the American Red Cross requests the employee's participation. Administrative leave granted under this paragraph shall not exceed twenty (20) days in any twelve-month period. An employee on leave under this paragraph shall not be deemed to be an employee of the state for purposes of workers' compensation or for purposes of claims against the state allowed under Chapter 46, Title 11, Mississippi Code of As used in this paragraph, the term "disaster" includes disasters designated at level II and above in American Red Cross national regulations and procedures Red Cross volunteers granted leave during disasters--procedure --definition-- additional employees granted leave, when. Except as otherwise provided in this subsection, any employee of an agency of the state of Missouri, who has been certified by the American Red Cross as a disaster service volunteer, may be granted leave from work with pay to participate in specialized disaster relief services for the American Red Cross, not to exceed a total of twentyfive full-time equivalent state employees for a total of fifteen calendar days in any fiscal year for each full-time equivalent employee. The employee shall be released from work to participate in

13 Montana Nebraska specialized disaster relief services upon request from an authorized representative of the American Red Cross for such employee and upon the approval of such employee's appointing authority. The appointing authority shall compensate an employee granted leave pursuant to this section at the employee's regular rate of pay for regular work hours during which the employee is absent from the employee's regular place of employment for the state of Missouri. Any leave granted pursuant to this section shall not affect the employee's leave status. 2. Before any payment of salary is made covering the period of the leave, the authorized representative of the American Red Cross shall file with the appointing authority or supervising agency evidence that such employee participated in specialized disaster relief services during the time such leave pay is granted. 3. No certified disaster service volunteer shall be discharged from employment because of such person's status as a certified disaster service volunteer nor shall such employee be discriminated against or dissuaded from volunteering or continuing such service as a certified disaster relief volunteer. For the purposes of this section, the term "certified disaster volunteer" means a person who has completed the necessary training for, and has been certified as, a disaster service specialist by the American Red Cross. 4. Upon written order of the governor, additional employees, not to exceed twenty-five full-time equivalent state employees, may be granted leave pursuant to this section to participate in specialized disaster relief services for disasters occurring within this state Paid leave for disaster relief volunteer service. (1) An agency may grant to a state employee up to 15 days in a calendar year of a paid leave of absence for the employee to participate in specialized disaster relief services for the American red cross if: (a) the employee is a certified American red cross disaster relief volunteer; and (b) the American red cross has requested the employee's services. (2) Leave time granted pursuant to this section: (a) must be paid at the regular rate of compensation, including regular group, retirement, or leave accrual benefits, for the regular work hours during which the employee is absent from the employee's regular duties; (b) commences upon approval of the employee's employing agency; and (c) may not be charged against any other leave to which the employee is entitled. (3) For purposes of this section, the following definitions apply: (a) "Agency" has the meaning provided in (b) "Employee" means any person employed by an agency, except an elected official Certified disaster service volunteer of American Red Cross; leave authorized. Any state employee who is a certified disaster service volunteer of the American Red Cross may, with the authorization of his or her supervisor, be granted a leave not to exceed fifteen working days in each year to participate in specialized disaster relief services in Nebraska for the American Red Cross, upon the request of the American Red Cross, without loss of pay, vacation time, sick leave, or earned overtime accumulation. For purposes of this section, state employee means any employee of the state or of any state agency, specifically including all administrative, professional, academic, and other personnel of the University of Nebraska, the state colleges, and the State Department of Education, but excluding any employee or officer of the state whose salary is set by the Constitution of Nebraska or by statute. An employee of any local government or entity, including any entity created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act, shall not be considered a state employee for purposes of this section Volunteer Emergency Responders Job Protection Act; Terms defined, clarified; Emergency services volunteers; Civil Air Patrol members; State emergency response team members. For purposes of the Volunteer Emergency Responders Job Protection Act: (1) Employee does not include a career firefighter or law enforcement officer who is acting as a volunteer emergency responder; (2) Employer means any person employing ten or more employees; and (3) Volunteer emergency responder means: (a) An individual who has been approved by a governing body in Nebraska to serve any volunteer fire department or volunteer first-aid, rescue, ambulance, or emergency squad, or volunteer fire company, association, or organization serving any city, village, or rural or suburban fire protection district by providing fire protection or emergency response services for the purpose of protecting life, health, or property; (b) An individual who is in good standing as a volunteer member of the Nebraska Wing of the Civil Air Patrol, the civilian auxiliary of the United States Air Force; or (c) An individual who is a member of a state emergency response team pursuant to the

14 Emergency Management Act Volunteer Emergency Responders Job Protection Act; Employer prohibited from terminating employee or from taking disciplinary action against employee when absent or late to work because of response to an emergency, when acting as a volunteer emergency responder No employer shall terminate or take any other disciplinary action against any employee who is a volunteer emergency responder if such employee, when acting or actively deployed as a volunteer emergency responder, is absent from or reports late to his or her place of employment in order to respond to an emergency prior to the time such employee is to report to his or her place of employment. Sec Volunteer Emergency Responders Job Protection Act; Wage issues; Employer may subtract wages for time lost due to emergency response. An employer may subtract from an employee's earned wages any time such employee, acting as a volunteer emergency responder, is away from his or her place of employment because of such employee's response to an emergency. Sec Volunteer Emergency Responders Job Protection Act; Employees who are volunteer emergency responders to make reasonable effort to notify employer of expected absence or late arrival. An employee acting as a volunteer emergency responder shall make a reasonable effort to notify his or her employer that he or she may be absent from or report late to his or her place of employment in order to respond to an emergency Volunteer Emergency Responders Job Protection Act; Employee absence or late arrival due to emergency response; Written statement as proof of emergency activities-- At an employer's request, an employee, acting as a volunteer emergency responder, who is absent from or reports late to his or her place of employment in order to respond to an emergency shall provide his or her employer, within seven days of such request, a written statement signed by the individual in charge of the department or another individual authorized to act for such individual that includes the following: The fact that the employee responded to an emergency; the date and time of the emergency; and the date and time such employee completed his or her volunteer emergency activities Volunteer Emergency Responders Job Protection Act; Notice to employer of employee status as volunteer emergency responder. Prior to seeking protection pursuant to the Volunteer Emergency Responders Job Protection Act, an employee acting as a volunteer emergency responder shall provide his or her employer with a written statement signed by the individual in charge of the department or another individual authorized to act for such individual notifying such employer that the employee serves as a volunteer emergency responder. An employee who is or who has served as a volunteer emergency responder shall notify his or her employer when such employee's status as a volunteer emergency responder changes, including termination of such status Volunteer Emergency Responders Job Protection Act; Employee protection from termination or disciplinary action; Reinstatement and recovery of lost wages and other benefits; Deadline for court actions to enforce law; Court jurisdiction. An employee who is terminated or against whom any disciplinary action is taken in violation of the Volunteer Emergency Responders Job Protection Act shall be immediately reinstated to his or her former position, if wrongfully terminated, without reduction of wages, seniority, or other benefits and shall receive any lost wages or other benefits, if applicable, during any period for which such termination or other disciplinary action was in effect. An action to enforce the act may be brought by the employee to recover any lost wages or other benefits, including court costs and reasonable attorney's fees. An action to enforce the act shall be commenced within one year after the date of violation and shall be brought in the district court of the county in which the place of employment is located.

15 Nevada New Hampshire New Jersey NRS Leave of absence for duty as American National Red Cross disaster technician. Any public officer or employee of the state or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is classified by the American National Red Cross as a disaster technician must be relieved from his duties, upon the request of the American National Red Cross and the approval of his employer, to assist the American National Red Cross during an emergency or disaster described in NRS which occurs in this state or California, Oregon, Idaho, Utah or Arizona, without loss of his regular compensation for a period of not more than 15 working days in any calendar year. No such absence may be a part of the annual vacation of the public officer or employee which is provided for by law. NRS Deduction from salary for service during working hours as volunteer fireman, volunteer medical technician, volunteer reserve member of police department or sheriff's office or volunteer ambulance driver or attendant prohibited. 1. All employees, whether in the classified or in the unclassified service of the State of Nevada, must be paid their salaries as fixed by law without diminution on account of any time spent away from state employment while acting as: (a) Volunteer firemen of any regular organized and recognized fire department in the protection of life or property; (b) medical technicians certified pursuant to chapter 450B of NRS; (c) Volunteer reserve members of a police department or a sheriff's office; or (d) Volunteer ambulance drivers or attendants, during working hours or fractions thereof which should otherwise have been devoted to state employment. 2. As used in this section, "volunteer ambulance driver or attendant" means a person who is a driver of or attendant on an ambulance owned or operated by: (a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this state; or (b) A political subdivision of this state. 94:3-c Disaster Relief Services Leave. I. Any state employee who is a certified disaster relief service volunteer of the American Red Cross may, with the authorization of the employee's supervisor, be granted leave not to exceed 15 working days in any fiscal year to participate in specialized disaster relief service work if: (a) The request for service is made by the American Red Cross; and (b) The disaster is designated as level III or above according to the American National Red Cross regulations and procedures. II. An employee granted leave under this section shall not lose seniority, accumulated vacation leave, sick leave, or earned overtime. In addition, the employee shall be paid the employee's regular pay based on regular work hours during the leave. III. The state shall not be liable for workers' compensation claims of the employee arising out of the disaster relief service work performed pursuant to this section. 227-L:5- I. Any state employee who is a certified volunteer wildland firefighter may, with the authorization of the employee's supervisor, be granted a leave of absence with pay to participate in wildland fire emergencies to include non-wildland fire emergencies in another state or province pursuant to an agreement with the following: The Northeastern Interstate Forest Fire Protection Compact and the United States federal government. Requests for assistance shall be received and dispatched via the department of resources and economic development, division of forests and lands. II. An employee, under this section, after completing one year in state service, may be entitled to not more than 30 working days in any fiscal year for such duty. Each participating employee shall be paid the employee's regular pay plus overtime. Upon the employee's return, the division of forests and lands shall bill the agency that requested aid for all reimbursable costs incurred pursuant to the terms of the agreement with the Northeastern Interstate Forest Fire Protection Compact and/or the United States federal government. The division shall provide reimbursement to the departments for which the firefighter is employed. III. All funds reimbursed for services provided under this section shall be deposited in the appropriate pay or overtime account of the agency for whom the state employee works. IV. This section shall not apply to employees of the department of resources and economic development. 40A: Title, Emergency Responders Employment Protection Act. 1. This act shall be known and may be cited as the Emergency Responders Employment Protection Act.

16 New Mexico 40A: Volunteer emergency responders and employment protections; Term defined; Protection from termination, dismissal, or suspension when responding to a declared emergency; Notice requirements; Compensation issues; Exception 2. a. As used in this act, volunteer emergency responder means an active member in good standing of a volunteer fire company, a volunteer member of a duly incorporated first aid, rescue or ambulance squad, or a member of any county or municipal volunteer Office of Emergency Management, provided the member's official duties include responding to a fire or emergency call. b. No employer shall terminate, dismiss or suspend an employee who fails to report for work at his place of employment because he is serving as a volunteer emergency responder during a state of emergency declared by the President of the United States or the Governor of this State or is actively engaged in responding to an emergency alarm; provided the volunteer emergency responder provides his employer with (1) notice, at least one hour before he is scheduled to report to his place of employment, that he is rendering emergency services in response to a declared state of emergency or emergency alarm; and (2) upon returning to his place of employment, a copy of the incident report and a certification by the incident commander, or other official or officer in charge, affirming that the volunteer emergency responder was actively engaged in, and necessary for, rendering emergency services and setting forth the date and time the volunteer emergency responder was relieved from emergency duty by that officer or official, as the case may be. If the volunteer emergency responder is actively engaged in rendering emergency services for more than one consecutive work day, the incident commander, or other official or officer in charge, shall direct that appropriate notice be given the volunteer emergency responder's employer each day the volunteer is required to be absent from his employment. c. No employer shall be required to pay any employee for any work time that the employee misses while serving as a volunteer emergency responder pursuant to this subsection; provided, however, a volunteer emergency responder may charge his absence as a vacation day or a sick day, if the volunteer has such days available. d. The provisions of this act shall not apply to any employee who, by statute or contract, is deemed an essential employee. HB 240 Section 2. DEFINITIONS.--As used in the Volunteer Emergency Responder Job Protection Act: A. "emergency or disaster" means an event so declared by the governor or president of the United States; and B. "volunteer emergency responder" means a person who is a member in good standing of a volunteer fire department, an emergency medical service, a search and rescue team or a law enforcement agency or who is enrolled by the state or a political subdivision of the state for response to an emergency or disaster. Section 3. TERMINATION OF EMPLOYMENT OF VOLUNTEER EMERGENCY RESPONDER PROHIBITED-- LIMITATION--NOTICE-- CERTIFICATION--WITHHOLDING PAY.-- A. An employee shall not be terminated, demoted or in any other manner discriminated against in the terms and conditions of employment because the employee, when serving as a volunteer emergency responder, is absent from the employee' place of employment in order to respond to an emergency or disaster. B. Subsection A of this section shall not apply if the employee, while acting as a volunteer emergency responder to an emergency or disaster, is absent from the employee's place of employment for a period of more than ten regular business days in a calendar year. C. An employee who will be absent from the employee's place of employment while serving as a volunteer emergency responder to an emergency or disaster shall make reasonable efforts to notify the employer of that service and shall continue to make those reasonable notification efforts over the course of the absence. D. An employer may request an employee to provide to the employer a written verification from the office of emergency management or a state or local official managing an emergency or disaster of the dates and time that the employee served as a volunteer emergency responder to an emergency or disaster. E. An employer may charge against an employee's regular pay time that the employee is absent from employment while serving as a volunteer emergency responder to an emergency or disaster. Section 4. CAUSE OF ACTION.--In addition to other available remedies, an employee who has been terminated, demoted or in any other manner discriminated against in the terms and conditions of employment in violation of the Volunteer Emergency Responder Job Protection Act may bring a cause of action seeking reinstatement of the employee's former position, payment of back wages, reinstatement of fringe benefits or, where seniority rights are granted,

17 New York reinstatement of seniority rights; provided that an action for violation of the Volunteer Emergency Responder Job Protection Act shall be brought within one year from the date of the violation. 92-c. Emergency service volunteer; paid leave. Notwithstanding any provisions of law to the contrary, public officers and employees of municipal corporations and school districts who are certified by the American Red Cross as disaster volunteers shall be granted leave from work with pay to participate in specialized disaster relief operations upon written request for such services by the American Red Cross and upon the approval of the chief executive of the municipal corporation for which the public officer or employee serves or upon the approval of the superintendent of the school district for which the employee serves. The public officer or employee shall be compensated at his or her regular rate of pay for those regular work hours during which the public officer or employee is absent from work while participating in authorized specialized disaster relief operations. Such leave shall be provided without loss of seniority, compensation, sick leave, vacation leave or other overtime compensation to which the volunteer is otherwise entitled and shall not exceed twenty days in any calendar year. 82-b. Emergency service volunteers; paid leave. Notwithstanding any other provisions of law to the contrary, public officers and employees of the state who are certified by the American Red Cross as disaster volunteers shall be granted leave from work with pay to participate in specialized disaster relief operations upon written request for such services by the American Red Cross and upon the approval of the chief administrative officer of the state agency, department or bureau for which the public officer or employee serves. The public officer or employee shall be compensated at his or her regular rate of pay for those regular work hours during which the public officer or employee is absent from work while participating in authorized specialized disaster relief operations. Such leave shall be provided without loss of seniority, compensation, sick leave, vacation leave or other overtime compensation to which the volunteer is otherwise entitled and shall not exceed twenty days in any calendar year a. Emergency service volunteers; paid leave. Notwithstanding any other provisions of law to the contrary, public officers and employees of public authorities who are certified by the American Red Cross as disaster volunteers shall be granted leave from work with pay to participate in specialized disaster relief operations upon written request for such services by the American Red Cross and upon the approval of the chief executive of the public authority for which the public officer or employee serves. The public officer or employee shall be compensated at his or her regular rate of pay for those regular work hours during which the public officer or employee is absent from work while participating in authorized specialized disaster relief operations. Such leave shall be provided without loss of seniority, compensation, sick leave, vacation leave or other overtime compensation to which the volunteer is otherwise entitled and shall not exceed twenty days in any calendar year. North Carolina 209-aa. Paid leave for disaster service volunteers. 1. Members of the uniformed force of the fire department of the city of New York who are certified disaster service volunteers of the American red cross shall be granted leave from work with regular pay to participate in specialized disaster relief operations upon written request for the services of such members by the American red cross and upon the approval of the fire commissioner, which approval shall not be unreasonably withheld. 2. The paid leave set forth in subdivision one of this section shall be provided for a cumulative total of no more than one hundred days of paid leave for all participating members during any fiscal year of the fire department of the city of New York. 3. The fire department of the city of New York shall promulgate appropriate guidelines for the participation of members of the uniformed force as certified disaster service volunteers of the American red cross within ninety days after the effective date of this section. 166A-32. Disaster service volunteer leave. An employee of a State agency who is a disaster service volunteer of the American Red Cross may be granted leave from his work with pay for a time not to exceed 15 work days in any 12-month period to participate in specialized disaster

18 North Dakota Ohio relief services for the American Red Cross. To be granted leave, the request for the services of that employee must come from the American Red Cross. The decision to grant the employee leave rests in the sole discretion of the employing State agency based on the work needs of that agency. Employees granted leave pursuant to this Article shall not lose seniority, pay, vacation time, sick time, or earned overtime accumulation. The State agency shall compensate an employee granted leave under this Article at the regular rate of pay for those regular work hours during which the employee is absent from his work. Leave under this Article shall be granted only for services related to a disaster occurring within the United States. The State of North Carolina shall not be liable for workers compensation claims arising from accident or injury while the State employee is on assignment as a disaster service volunteer for the American Red Cross. Duties performed while on disaster leave shall not be considered to be a work assignment by a state agency. The employee is granted leave based on the need for the employee's area of expertise. Job functions although similar or related are performed on behalf of and for the benefit of the American Red Cross Disaster services volunteers - Leave. Upon issuance of an order or proclamation declaring a state of disaster or emergency pursuant to chapter , or a declaration of at least a level II disaster by the American red cross in this or any other state, the executive officer in charge of a state agency may grant a leave of absence to any full-time employee of that agency who is certified by the American red cross as a disaster services volunteer. The leave of absence must be for the purpose of allowing that employee, upon request by the American red cross, to participate in disaster relief services. A person on leave under this section is not deemed to be an employee of the state for the purposes of workers' compensation. The cumulative leave granted under this section may not exceed five working days during any calendar year. The leave may not result in a loss of compensation, seniority, annual leave, sick leave, or accrued overtime for which the employee is otherwise eligible [Disaster or emergency services leaves, Volunteer emergency responders; Employment discrimination prohibited; Civil actions; Notice; Deadlines; Verification; Compensation issues 1. An employer may not terminate or demote an employee who is a volunteer emergency responder or in any other manner discriminate against that employee in the terms and conditions of employment based upon the employee being absent or tardy from employment due to serving as a volunteer emergency responder in responding to a disaster or emergency. 2. An employee who is terminated, demoted, or otherwise discriminated against in violation of this section may bring a civil action against the employer that violated this subsection. In the civil action, the employee may seek reinstatement to the employee's former position; payment of back wages; reinstatement of fringe benefits; and if seniority rights are granted, the employee may seek reinstatement of seniority rights. A civil action under this section must be commenced within one year of the date of the violation. 3. Except for an involuntarily activated North Dakota national guard member, subsection 1 does not apply if due to serving as a volunteer emergency responder, the employee is absent or tardy from the employee's place of employment for a period that exceeds twenty regular business days in a calendar year. 4. In order to receive the protections of subsection 1, an employee who will be absent or tardy from the employee's place of employment while serving as a volunteer emergency responder in the case of a disaster or emergency shall make reasonable efforts to notify the employer of that service and shall continue to make those reasonable notification efforts over the course of the absence. 5. An employer may request that an employee provide the employer with written verification of times and dates of instances during which the employee was absent or tardy from employment due to serving as a volunteer emergency responder in the case of a disaster or emergency. Verification under this subsection may include a statement from the department of emergency services, the adjutant general's office, the North Dakota wing of the civil air patrol, or other appropriate entity. 6. This section does not limit an employer from charging against an employee's regular pay the time the employee is absent or tardy from employment while serving as a volunteer emergency responder to a disaster or emergency Paid leave for disaster service volunteer. A state employee who is a certified disaster service volunteer of the American red cross may be granted leave from his work with pay for not

19 Oklahoma to exceed thirty work days in each year to participate in specialized disaster relief services for the American red cross, upon the request of the American red cross for the services of that employee and upon the approval of that employee's appointing authority. The appointing authority shall compensate an employee granted leave under this section at his regular rate of pay for those regular work hours during which the employee is absent from his work Participation in specialized disaster relief services - Leave with pay. A.1. As used in this subsection, "disaster" means disasters designated at level III and above in the American Red Cross Regulations and Procedures. 2. Any state employee in the executive branch of state government who is a certified disaster service volunteer of the American Red Cross, with the authorization of the chief executive officer of his state agency, may be granted a leave with pay not to exceed fifteen (15) working days in any twelve-month period to participate in specialized disaster relief services within the State of Oklahoma for the American Red Cross, upon the request of the American Red Cross and with the approval of the office of the Governor of this state, without the loss of pay, annual leave, sick leave, accrued overtime wages or compensatory time. The agency shall compensate an employee granted leave time under this section at his regular rate of pay for those regular work hours during which the employee is absent from work. 3. Notwithstanding the provision of paragraph 2 of this subsection, state employees certified as disaster volunteers shall not exceed five hundred (500) participants at any one time. A list of such employees will be coordinated with the Department of Civil Emergency Management and the office of the Governor of this state. Within sixty (60) days of any request made by the American Red Cross, a report shall be prepared by the American Red Cross and submitted to the Governor's office stating the reasons and needs for any request made. B. Any state officer or employee in the executive branch of state government authorized by the employing agency of the officer or employee to volunteer in a disaster relief activity during a presidentially declared national disaster in Oklahoma after May 1, 1999, for a period of not more than six (6) months after the date of the presidentially declared national disaster, shall not have to use accrued leave or need to make up any time due to the performance of their volunteer activities A. National disaster leave. A. An appointing authority may grant leave with pay not to exceed fifteen (15) working days to a state employee who is affected by a presidentially declared national disaster in Oklahoma after May 1, 1999, if: 1. The employee suffered a physical injury as a result of the disaster; 2. A relative or household member of the employee, as defined by subsection B of Section of Title 74 of the Oklahoma Statutes, suffered a physical injury or died as a result of the disaster; or 3. The domicile of the employee or the domicile of a relative of the employee, as defined by subsection B of Section of Title 74 of the Oklahoma Statutes, was damaged or destroyed as a result of the disaster. B. The authority to grant leave with pay pursuant to subsection A of this section shall extend for a period of not more than eighteen (18) months after the date of a presidentially declared national disaster. C. Annual leave, sick leave, or compensatory time which was charged to a state employee as a result of the presidentially declared national disaster resulting from the May 3, 1999, tornadoes that would have otherwise been eligible for the leave provision in subsection A of this section, may be reinstated by the appointing authority. A state employee entitled to leave with pay pursuant to this section who was charged leave without pay shall be compensated at the base rate of pay of the employee Eligible employees who enter on duty or who are reinstated after a break in service shall receive leave benefits in accordance with the schedule outlined below. Leave shall be accrued based upon hours worked, paid leave, and holidays, but excluding overtime, not to exceed the total possible work hours for the pay period. Years of service shall be based on cumulative periods of employment calculated in the manner that cumulative service is determined for longevity purposes pursuant to Section of this title. Employees may accumulate more than the maximum annual leave accumulation limits shown in the schedule below, provided that such excess is used during the same calendar year in which it accrues or within twelve (12) months of the date on which it accrues, at the discretion of the appointing

20 authority. If an employee whose job duties include providing fire protection services, law enforcement services or services with the Department of Corrections is unable to use excess leave as provided for in this paragraph because the employee s request for leave is denied by the employee s appointing authority and the denial of leave is due to extraordinary circumstances such that taking leave could pose a threat to public safety, health or welfare, the employee shall receive compensation at the employee s regular rate of pay for the amount of excess leave the employee is unable to use. Such compensation shall be paid at the end of the time period during which the excess leave was required to have been used. 2. From November 1, 2001, the following accrual rates and accumulation limits apply to eligible employees as follows: ACCRUAL RATES ACCUMULATION LIMITS Cumulative Years Annual Leave Sick Leave Annual Leave Of Service Persons employed 0-5 yrs 15 day/yr 15 days/yr 30 days 5-10 yrs 18 day/yr 15 days/yr 60 days yrs 20 day/yr 15 days/yr 60 days over 20 yrs 25 day/yr 15 days/yr 60 days 3. Temporary employees and other limited term employees are ineligible to accrue, use, or be paid for sick leave and annual leave. Such employees shall be eligible for paid holiday leave at the discretion of the appointing authority. 4. Employees shall not be entitled to retroactive accumulation of leave as a result of amendments to this section. 5. The Administrator of the Office of Personnel Management and the Executive Director of the Oklahoma Merit Protection Commission shall cooperate to assist agencies in developing policies to prevent violence in state government workplaces without abridging the rights of state employees. Such policy shall include a paid administrative leave provision as a cooling-off period which the Administrator of the Office of Personnel Management is authorized to provide pursuant to the Administrative Procedures Act. Such leave shall not be charged to annual or sick leave accumulations. 6. State employees who terminated their employment in the state service on or after October 1, 1992, may be eligible to have sick leave accrued at the time of termination of employment restored if they return to state employment, provided that the state employees enter-on-duty dates for reemployment occur on or before two (2) years after their termination of employment and they are eligible to accrue sick leave before the two (2) years expire. 7. Employees who are volunteer firefighters pursuant to the Oklahoma Volunteer Firefighters Act and who are called to fight a fire shall not have to use any accrued leave or need to make up any time due to the performance of their volunteer firefighter duties. 8. Employees who are reserve municipal police officers pursuant to Section of Title 11 of the Oklahoma Statutes and who miss work in performing their duties in cases of emergency shall not have to use any accrued leave or need to make up any time due to the performance of their reserve municipal police officer duties. 9. Employees who are reserve deputy sheriffs pursuant to Section 547 of Title 19 of the Oklahoma Statutes and who miss work in performing their duties in case of emergency shall not have to use any accrued leave or need to make up any time due to the performance of their reserve deputy sheriff duties. B. Nothing in the Oklahoma Personnel Act is intended to prevent or discourage an appointing authority from disciplining or terminating an employee due to abuse of leave benefits or absenteeism. Appointing authorities are encouraged to consider attendance of employees in making decisions regarding promotions, pay increases, and discipline. C. Upon the transfer of a function in state government to an entity outside state government, employees may, with the agreement of the outside entity, waive any payment for leave accumulations to which the employee is entitled and authorize the transfer of the leave accumulations or a portion thereof to the outside entity A. 1. As used in this subsection, "disaster" means disasters designated at level III and above in the American Red Cross Regulations and Procedures. 2. Any state employee in the