HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 733

47th legislature - STATE OF NEW MEXICO - first session, 2005

AN ACT

RELATING TO VOLUNTEER EMERGENCY RESPONSE PERSONNEL; PROTECTING EMERGENCY RESPONSE PERSONNEL EMPLOYMENT SECURITY; PROVIDING FOR REMEDIES.

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

     Section 1. EMPLOYERS PROHIBITED FROM DISCHARGING EMPLOYEES FOR TIME LOST AS VOLUNTEER FIREFIGHTERS--REMEDIES.--

          A. An employer shall not terminate an employee for time lost from employment if the employee is a member of a volunteer fire department and the time lost is the result of the employee responding to an emergency prior to the time the employee is due to report for work. Time lost from employment as provided in this section may be charged against the employee's regular pay. At the request of an employer, an employee losing time as provided in this section shall provide the employer with a statement from the chief of the fire department stating that the employee responded to an emergency and giving the time of the emergency. Such time lost from employment shall not exceed an aggregate of eighty hours per calendar year.

          B. As used in this section, "emergency" means a fire, a hazardous or toxic materials spill and cleanup or any other situation to which the volunteer firefighter or the volunteer firefighter's fire department is dispatched, which emergency is within the legal response area of the department.

          C. An employer who knowingly violates the provisions of this section shall reinstate the employee to the employee's former position and shall pay that employee all lost wages and benefits for the period between termination and reinstatement. An action to enforce the provisions of this section shall be commenced within one year after the date of violation in the district court of the county where the place of employment is located.

     Section 2. EMPLOYERS PROHIBITED FROM DISCHARGING EMPLOYEES FOR TIME LOST AS VOLUNTEER EMERGENCY MEDICAL SERVICE PERSONNEL--REMEDIES.--

          A. An employer shall not terminate an employee for time lost from employment if the employee is a member of a volunteer emergency medical service provider and the time lost is the result of the employee responding to an emergency prior to the time the employee is due to report for work. Time lost from employment as provided in this section may be charged against the employee's regular pay. At the request of an employer, an employee losing time as provided in this section shall provide the employer with a statement from the chief of the fire department or service stating that the employee responded to an emergency and giving the time of the emergency. Such time lost from employment shall not exceed an aggregate of eighty hours per calendar year.

          B. As used in this section, "emergency" means an actual medical emergency involving an imminent loss of life to which a volunteer emergency medical service provider responds, which emergency is within the legal response area of the department.

          C. An employer who knowingly violates the provisions of this section shall be required to reinstate the employee to the employee's former position and shall pay that employee all lost wages and benefits for the period between termination and reinstatement. An action to enforce the provisions of this section shall be commenced within one year after the date of violation in the district court of the county where the place of employment is located.

     Section 3. TEMPORARY LEAVES OF ABSENCE FOR VOLUNTEER EMERGENCY RESPONSE PERSONNEL--REMEDIES.--

          A. An employee who is a volunteer firefighter or emergency medical service provider may take temporary leaves of absence, without pay, not to exceed an aggregate of seven days per calendar year, for the purpose of engaging in fire or emergency medical service training. Temporary leaves of absence pursuant to this section are subject to approval in advance by the employer.

          B. An employee who is discharged, threatened with discharge, demoted, suspended or in any other manner discriminated against in the terms and conditions of employment by an employer because the employee has taken time off to engage in fire or emergency medical service training is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. An action to enforce the provisions of this section shall be commenced within one year after the date of violation in the district court of the county where the place of employment is located.

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