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