House File 671 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON PUBLIC
                                           SAFETY

                                       (SUCCESSOR TO HF 82)


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

                                      A BILL FOR

  1 An Act providing volunteer emergency services providers
  2    protection from employment termination.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1093HV 83
  5 ak/rj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  100B.14  VOLUNTEER JOB
  1  2 PROTECTION.
  1  3    1.  This section shall be known as the "Volunteer Emergency
  1  4 Services Providers Job Protection Act".
  1  5    2.  For the purposes of this section, "volunteer emergency
  1  6 services provider" means a volunteer fire fighter as defined
  1  7 in section 85.61, a reserve peace officer as defined in
  1  8 section 80D.1A, an emergency medical care provider as defined
  1  9 in section 147A.1, or other personnel having voluntary
  1 10 emergency service duties and who are not paid full=time by the
  1 11 entity for which the services are performed in the local
  1 12 service area, in a mutual aid agreement area, or in a
  1 13 governor=declared state of disaster emergency area.
  1 14    3.  A public or private employer shall not terminate the
  1 15 employment of an employee for joining a volunteer emergency
  1 16 services unit or organization, including but not limited to
  1 17 any municipal, rural, or subscription fire department.
  1 18    4.  If an employee has provided the employee's public or
  1 19 private employer with written notification that the employee
  1 20 is a volunteer emergency services provider, the employer shall
  1 21 not terminate the employment of a volunteer emergency services
  1 22 provider who, because the employee was fulfilling the
  1 23 employee's duties as a volunteer emergency services provider,
  1 24 is absent from or late to work.
  1 25    5.  An employer may deduct from an employee's regular pay
  1 26 an amount of regular pay for the time that an employee who is
  1 27 a volunteer emergency services provider is absent from work
  1 28 while performing duties as a volunteer emergency services
  1 29 provider.
  1 30    6.  An employer may request that an employee who is a
  1 31 volunteer emergency services provider and who is absent from
  1 32 or late to work while responding to an emergency provide the
  1 33 employer with a written statement from the supervisor or
  1 34 acting supervisor of the volunteer emergency services unit or
  1 35 organization stating that the employee responded to an
  2  1 emergency and stating the date and time of the emergency.
  2  2    7.  An employee who is a volunteer emergency services
  2  3 provider and who may be absent from or late to work while
  2  4 performing duties as a volunteer emergency services provider
  2  5 shall notify the employer as soon as possible that the
  2  6 employee may be absent or late.
  2  7    8.  An employer shall determine whether an employee may
  2  8 leave work to respond to an emergency as part of the
  2  9 employee's volunteer emergency services provider duties.
  2 10    9.  An employee whose employment is terminated in violation
  2 11 of this section may bring a civil action against the employer.
  2 12 The employee may seek reinstatement to the employee's former
  2 13 position, payment of back wages, reinstatement of fringe
  2 14 benefits, and, where seniority rights are granted,
  2 15 reinstatement of seniority rights.  If the employee prevails
  2 16 in such an action, the employee shall be entitled to an award
  2 17 of reasonable attorney fees and the costs of the action.  An
  2 18 employee must commence such an action within one year after
  2 19 the date of termination of the employee's employment.
  2 20                           EXPLANATION
  2 21    This bill establishes the volunteer emergency services
  2 22 providers job protection Act.  The bill states that if an
  2 23 employee provides written notice to the employee's public or
  2 24 private employer that the employee is a volunteer emergency
  2 25 services provider, the employer is prohibited from terminating
  2 26 the employment of the employee who is absent from or late to
  2 27 work due to the employee's service as a volunteer emergency
  2 28 services provider in the volunteer's emergency area.  If the
  2 29 employee misses work as a result of voluntary service, the
  2 30 employer may deduct an amount of regular pay from the
  2 31 employee's wages for the time away from work and the employer
  2 32 may require that the employee provide written verification of
  2 33 the employee's voluntary service.  An employer shall determine
  2 34 whether an employee may leave work to respond to an emergency.
  2 35    The bill allows a volunteer emergency services provider
  3  1 whose employment is terminated in violation of the bill to
  3  2 bring a civil action against the employer within one year of
  3  3 the termination.  The employee may seek reinstatement of
  3  4 employment, back wages, benefits, and reinstatement of
  3  5 seniority.  The bill also allows a successful employee to
  3  6 recover reasonable attorney fees and court costs.
  3  7 LSB 1093HV 83
  3  8 ak/rj/5