House File 428 - Introduced



                                       HOUSE FILE       
                                       BY  SANDS


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing volunteer emergency services providers serving
  2    in a disaster area certain employment protections.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2153YH 83
  5 ak/nh/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  100B.14  VOLUNTEER JOB PROTECTION
  1  2 == DISASTERS.
  1  3    1.  This section shall be known as the "Volunteer Emergency
  1  4 Services Providers Disaster Job Protection Act".
  1  5    2.  For the purposes of this section, the following
  1  6 definitions apply unless the context otherwise requires:
  1  7    a.  "Disaster area" means an area declared a disaster area
  1  8 pursuant to a proclamation by the governor under section 29C.6
  1  9 or pursuant to a major disaster declaration by the president
  1 10 of the United States.
  1 11    b.  "Volunteer emergency services provider" means a
  1 12 volunteer fire fighter as defined in section 85.61, a reserve
  1 13 peace officer as defined in section 80D.1A, an emergency
  1 14 medical care provider as defined in section 147A.1, or other
  1 15 personnel having voluntary emergency service duties and who
  1 16 are not paid full=time by the entity for which the services
  1 17 are performed.
  1 18    3.  A public or private employer shall not terminate an
  1 19 employee for joining a volunteer emergency services unit or
  1 20 organization, including but not limited to any municipal,
  1 21 rural, or subscription fire department.
  1 22    4.  A public or private employer shall not terminate an
  1 23 employee who is a volunteer emergency services provider who,
  1 24 because the employee was fulfilling the employee's duties as a
  1 25 volunteer emergency services provider in a disaster area, is
  1 26 absent from or late to work.
  1 27    5.  An employer may deduct from an employee's regular pay
  1 28 an equivalent amount for time that an employee who is a
  1 29 volunteer emergency services provider is absent from work
  1 30 while performing duties in a disaster area as a volunteer
  1 31 emergency services provider.  However, the period of absence
  1 32 shall in no way affect the employee's rights to vacation, sick
  1 33 leave, bonus, or other employment benefits relating to the
  1 34 employee's particular employment.
  1 35    6.  An employer may request that an employee who is a
  2  1 volunteer emergency services provider and who is absent from
  2  2 work while responding to an emergency in a disaster area
  2  3 provide the employer with a written statement from the
  2  4 supervisor or acting supervisor of the volunteer emergency
  2  5 services unit or organization stating that the employee
  2  6 responded to an emergency and stating the date and time of the
  2  7 emergency.
  2  8    7.  An employee who is a volunteer emergency services
  2  9 provider and who may be absent from or late to work while
  2 10 performing duties in a disaster area as a volunteer emergency
  2 11 services provider shall make a reasonable effort to notify the
  2 12 employer that the employee may be absent or late.
  2 13    8.  An employee who is terminated in violation of this
  2 14 section may bring a civil action against the employer.  The
  2 15 employee may seek reinstatement to the employee's former
  2 16 position, payment of back wages, reinstatement of fringe
  2 17 benefits, and, where seniority rights are granted,
  2 18 reinstatement of seniority rights.  If the employee prevails
  2 19 in such an action, the employee shall be entitled to an award
  2 20 of reasonable attorney fees and the costs of the action.  An
  2 21 employee must commence such an action within one year after
  2 22 the date of the employee's termination.
  2 23                           EXPLANATION
  2 24    This bill establishes the volunteer emergency services
  2 25 providers job disaster protection Act.  The bill prohibits
  2 26 public and private employers from terminating employees who
  2 27 become volunteer emergency services providers or who are
  2 28 absent from or late to work due to the employee's service as a
  2 29 volunteer emergency services provider in an area for which the
  2 30 governor has proclaimed a disaster emergency or the United
  2 31 States president has declared a major disaster.  If the
  2 32 employee misses work as a result of voluntary service, the
  2 33 employer may deduct an equivalent amount from the employee's
  2 34 wages.  However, the employee's absence shall not affect the
  2 35 employee's right to take vacation, sick time, receive a bonus,
  3  1 or other employment benefits.  The employer may require that
  3  2 the employee provide written verification of the employee's
  3  3 voluntary service.
  3  4    The bill allows a volunteer emergency services provider who
  3  5 is terminated in violation of the bill to bring a civil action
  3  6 against the employer within one year of the violation.  The
  3  7 employee may seek reinstatement of employment, back wages,
  3  8 benefits, and reinstatement of seniority.  The bill also
  3  9 allows a successful employee to recover reasonable attorney
  3 10 fees and court costs.
  3 11 LSB 2153YH 83
  3 12 ak/nh/5.1