Senate Study Bill 3103 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON) A BILL FOR An Act providing for employment protections for volunteer 1 emergency services providers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5684XC (3) 85 je/rj

S.F. _____ Section 1. Section 100B.14, subsections 2, 3, 4, and 9, Code 1 2014, are amended to read as follows: 2 2. For the purposes of this section , : 3 a. “Discipline” means to take an action against an employee 4 that adversely affects the employee’s regular pay to an extent 5 greater than permitted by subsection 5, or the employee’s job 6 status, opportunity for promotion, or right to any benefit 7 granted by the employer to other similarly situated employees. 8 b. “Discriminate” means to discipline or terminate the 9 employment of an employee in a manner inconsistent with the 10 employer’s treatment of other similarly situated employees 11 who are injured in the course of their employment or related 12 activities. 13 c. “ volunteer Volunteer emergency services provider” means a 14 volunteer fire fighter as defined in section 85.61 , a reserve 15 peace officer as defined in section 80D.1A , an emergency 16 medical care provider as defined in section 147A.1 , or other 17 personnel having voluntary emergency service duties and who are 18 not paid full-time by the entity for which the services are 19 performed in the local service area, in a mutual aid agreement 20 area, or in a governor-declared state of disaster emergency 21 area. 22 3. A public or private employer shall not discipline 23 or terminate the employment of an employee for joining a 24 volunteer emergency services unit or organization, including 25 but not limited to any municipal, rural, or subscription fire 26 department. 27 4. If an employee has provided the employee’s public or 28 private employer with written notification that the employee is 29 a volunteer emergency services provider, the employer shall not 30 discipline or terminate the employment of a volunteer emergency 31 services provider who, because the employee was fulfilling 32 performing the employee’s duties as a volunteer emergency 33 services provider, is absent from or late to work. 34 9. An employee who is disciplined, discriminated against, 35 -1- LSB 5684XC (3) 85 je/rj 1/ 3

S.F. _____ or whose employment is terminated in violation of this section 1 may bring a civil action against the employer. The employee 2 may seek reinstatement to the employee’s former position, 3 payment of back wages, reinstatement of fringe benefits, and, 4 where seniority rights are granted, reinstatement of seniority 5 rights. If the employee prevails in such an action, the 6 employee shall be entitled to an award of reasonable attorney 7 fees and the costs of the action. An employee must commence 8 such an action within one year two years after the date of 9 discipline, discrimination, or termination of the employee’s 10 employment. 11 Sec. 2. Section 100B.14, Code 2014, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 4A. A public or private employer shall 14 not discriminate against an employee because the employee 15 has been injured while performing duties as a volunteer 16 emergency services provider. A public or private employer 17 shall not discriminate against an employee who is injured while 18 performing duties as a volunteer emergency services provider 19 and who subsequently returns to work after receiving workers’ 20 compensation benefits. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 Current law, the “Volunteer Emergency Services Providers 25 Job Protection Act”, grants various employment protections to 26 volunteer emergency services providers. “Volunteer emergency 27 services provider” is defined as a volunteer fire fighter, a 28 reserve peace officer, an emergency medical care provider, 29 or other personnel having voluntary emergency service duties 30 and who are not paid full-time by the entity for which the 31 services are performed in the local service area, in a mutual 32 aid agreement area, or in a governor-declared state of disaster 33 emergency area. This bill adds to those protections. 34 The bill prohibits an employer from disciplining an 35 -2- LSB 5684XC (3) 85 je/rj 2/ 3

S.F. _____ employee for joining a volunteer emergency services unit or 1 organization, including but not limited to any municipal, 2 rural, or subscription fire department. The bill prohibits 3 an employer from disciplining an employee who, because the 4 employee was fulfilling the employee’s duties as a volunteer 5 emergency services provider, is absent from or late to 6 work, if the employee has provided the employer with written 7 notification that the employee is a volunteer emergency 8 services provider. The bill prohibits an employer from 9 discriminating against an employee because the employee 10 has been injured while performing duties as a volunteer 11 emergency services provider. The bill prohibits an employer 12 from discriminating against an employee who is injured while 13 performing duties as a volunteer emergency services provider 14 and who subsequently returns to work after receiving workers’ 15 compensation benefits. 16 The bill defines “discipline” as taking an action against 17 an employee that adversely affects the employee’s regular pay 18 to an extent greater than permitted by state law, job status, 19 opportunity for promotion, or right to any benefit granted 20 by the employer to other similarly situated employees. The 21 bill defines “discriminate” as disciplining or terminating the 22 employment of an employee in a manner inconsistent with the 23 employer’s treatment of other similarly situated employees 24 who are injured in the course of their employment or related 25 activities. 26 The civil remedy available to an employee under the 27 “Volunteer Emergency Services Providers Job Protection Act” 28 applies to these prohibitions. The bill extends the time 29 period under the Act in which an employee may pursue a civil 30 remedy from one year to two years. 31 -3- LSB 5684XC (3) 85 je/rj 3/ 3