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
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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
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