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