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