HOUSE BILL 405

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Anita Gonzales and Art De La Cruz and Joseph L. Sanchez

and Joseph Franklin Hernandez and Michelle Paulene Abeyta

AN ACT

RELATING TO EMERGENCY RESPONDERS; ENACTING THE VOLUNTEER FIREFIGHTER SERVICE AND TRAINING JOB RETENTION ACT; REQUIRING EMPLOYERS TO PROVIDE LEAVES OF ABSENCE TO EMPLOYEES WHO ARE VOLUNTEER FIREFIGHTERS FOR TIME IN SERVICE AND TRAINING IN CERTAIN CIRCUMSTANCES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Volunteer Firefighter Service and Training Job Retention Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Volunteer Firefighter Service and Training Job Retention Act:

          A. "certified fire department" means a fire department certified by the state fire marshal;

          B. "eligible employee" means an employee who volunteers as a firefighter at a certified fire department;

          C. "employee" means an individual employed by an employer, including an individual employed on a part-time basis;

          D. "employer" means any individual, partnership, association, corporation, business trust, legal representative or organized group of persons employing one or more employees at any one time, acting directly or indirectly in the interest of an employer in relation to an employee, but does not include the United States. "Employer" includes the state or any political subdivision of the state and a person providing remuneration for domestic service in a private home; and

          E. "time in service" means time an eligible employee is responding to an emergency or fire as a volunteer firefighter during the hours the eligible employee would normally be working at the eligible employee's regular place of paid employment.

     SECTION 3. [NEW MATERIAL] FIREFIGHTER TRAINING--LEAVE OF ABSENCE.--

          A. An eligible employee shall provide to the eligible employee's employer a statement signed by the chief of a certified fire department verifying the eligible employee's status as a volunteer firefighter and shall provide an updated statement signed by the chief of a certified fire department re-verifying the eligible employee's status each subsequent calendar year.

          B. Upon request, an employer shall provide an eligible employee a leave of absence not to exceed one hundred twelve hours per calendar year to attend firefighter training; provided that the eligible employee shall provide thirty days' notice to the employer.

     SECTION 4. [NEW MATERIAL] FIREFIGHTER--SERVICE LEAVE.--An employer shall provide an eligible employee a leave of absence not to exceed one hundred twelve hours per calendar year for time in service; provided that:

          A. the eligible employee notifies the employer upon being called to service; and

          B. the eligible employee provides the employer with a signed statement from the chief of a certified fire department verifying the time in service within three days of the end of each leave of absence.

     SECTION 5. [NEW MATERIAL] EFFECT OF A LEAVE OF ABSENCE.--

          A. A leave of absence provided pursuant to the Volunteer Firefighter Service and Training Job Retention Act may be unpaid leave.

          B. A leave of absence provided pursuant to the Volunteer Firefighter Service and Training Job Retention Act shall not be used as the basis to:

                (1) terminate or demote an eligible employee; or

                (2) reduce an eligible employee's accrual of annual or sick leave or seniority.

     SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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