PRIOR PRINTER'S NO. 342 PRINTER'S NO. 3863
No. 325 Session of 2001
INTRODUCED BY MAYERNIK, GEIST, CAPPABIANCA, FLICK, BELARDI,
HERMAN, LEVDANSKY, TIGUE, PISTELLA, SHANER, LESCOVITZ, CLARK,
NAILOR, READSHAW, BELFANTI, GORDNER, MARKOSEK, STERN,
LAUGHLIN, CASORIO, GRUCELA, WOJNAROSKI, WANSACZ,
E. Z. TAYLOR, BARD, CAPPELLI, GEORGE, CORRIGAN, STABACK,
M. BAKER, BASTIAN, MICHLOVIC, C. WILLIAMS, HARHAI, BARRAR,
STEELMAN, FRANKEL, MARSICO, CIVERA, SATHER, PETRONE,
PETRARCA, SAINATO, FREEMAN, BROWNE AND PALLONE,
JANUARY 31, 2001
AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED,
MAY 7, 2002
AN ACT
1 Amending the act of December 1, 1977 (P.L.249, No.83), entitled, <--
2 as amended, "An act prohibiting employers from firing
3 employees who lose time from employment in the line of duty
4 as volunteer firemen, fire police and volunteer members of
5 ambulance services and rescue squads; and providing
6 penalties," further providing for the termination or
7 discipline of volunteer firemen.
8 AMENDING THE ACT OF DECEMBER 1, 1977 (P.L.249, NO.83), ENTITLED, <--
9 AS AMENDED, "AN ACT PROHIBITING EMPLOYERS FROM FIRING
10 EMPLOYEES WHO LOSE TIME FROM EMPLOYMENT IN THE LINE OF DUTY
11 AS VOLUNTEER FIREMEN, FIRE POLICE AND VOLUNTEER MEMBERS OF
12 AMBULANCE SERVICES AND RESCUE SQUADS; AND PROVIDING
13 PENALTIES," FURTHER PROVIDING FOR THE TERMINATION OR
14 DISCIPLINE OF VOLUNTEER FIREFIGHTERS; AND MAKING EDITORIAL
15 CHANGES.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 1 of the act of December 1, 1977 <--
19 (P.L.249, No.83), entitled, as amended, "An act prohibiting
20 employers from firing employees who lose time from employment in
1 the line of duty as volunteer firemen, fire police and volunteer
2 members of ambulance services and rescue squads; and providing
3 penalties," amended December 5, 1988 (P.L.1102, No.131), is
4 amended to read:
5 Section 1. (a) No employer shall terminate or discipline an
6 employee who is a volunteer fireman, fire police or volunteer
7 member of an ambulance service or rescue squad and in the line
8 of duty has responded to a call prior to the time he was due to
9 report for work resulting in a loss of time from his employment.
10 (b) No municipal employer shall terminate or discipline a
11 municipal employee who is a volunteer fireman on the basis that
12 the municipal employee, in the line of duty as a volunteer
13 fireman, responded to a call during the workday for an emergency
14 occurring in the municipality where he is employed and is also a
15 volunteer fireman.
16 Section 2. This act shall take effect in 60 days.
17 SECTION 1. THE TITLE AND SECTIONS 1, 1.1, 3, 4 AND 5 OF THE <--
18 ACT OF DECEMBER 1, 1977 (P.L.249, NO.83), ENTITLED, AS AMENDED,
19 "AN ACT PROHIBITING EMPLOYERS FROM FIRING EMPLOYEES WHO LOSE
20 TIME FROM EMPLOYMENT IN THE LINE OF DUTY AS VOLUNTEER FIREMEN,
21 FIRE POLICE AND VOLUNTEER MEMBERS OF AMBULANCE SERVICES AND
22 RESCUE SQUADS; AND PROVIDING PENALTIES," AMENDED OR ADDED
23 DECEMBER 5, 1988 (P.L.1102, NO.131), ARE AMENDED TO READ:
24 AN ACT
25 PROHIBITING EMPLOYERS FROM [FIRING] TERMINATING, DISCIPLINING OR
26 DISCRIMINATING AGAINST EMPLOYEES WHO LOSE TIME FROM
27 EMPLOYMENT IN THE LINE OF DUTY AS VOLUNTEER [FIREMEN]
28 FIREFIGHTERS, FIRE POLICE AND VOLUNTEER MEMBERS OF AMBULANCE
29 SERVICES AND RESCUE SQUADS; AND PROVIDING PENALTIES.
30 SECTION 1. (A) NO EMPLOYER SHALL TERMINATE OR DISCIPLINE AN
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1 EMPLOYEE WHO IS A VOLUNTEER [FIREMAN] FIREFIGHTER, FIRE POLICE
2 OR VOLUNTEER MEMBER OF AN AMBULANCE SERVICE OR RESCUE SQUAD AND
3 IN THE LINE OF DUTY HAS RESPONDED TO A CALL PRIOR TO THE TIME
4 [HE] THE EMPLOYEE WAS DUE TO REPORT FOR WORK RESULTING IN A LOSS
5 OF TIME FROM [HIS] THE EMPLOYEE'S EMPLOYMENT.
6 (B) (1) NO MUNICIPAL EMPLOYER SHALL TERMINATE OR DISCIPLINE
7 A MUNICIPAL EMPLOYEE WHO IS A VOLUNTEER FIREFIGHTER ON THE
8 BASIS THAT THE MUNICIPAL EMPLOYEE, IN THE LINE OF DUTY AS A
9 VOLUNTEER FIREFIGHTER, RESPONDED TO A CALL DURING THE WORKDAY
10 FOR AN EMERGENCY OCCURRING IN THE MUNICIPALITY WHERE THE
11 VOLUNTEER FIREFIGHTER IS EMPLOYED AND IS ALSO A VOLUNTEER
12 FIREFIGHTER PROVIDED THE MUNICIPAL EMPLOYEE HAS NOTIFIED AND
13 PROVEN TO THE MUNICIPAL EMPLOYER THAT THE MUNICIPAL EMPLOYEE
14 IS A QUALIFIED VOLUNTEER FIREFIGHTER.
15 (2) A MUNICIPAL EMPLOYEE WHO IS A VOLUNTEER FIREFIGHTER
16 MAY RESPOND TO AN EMERGENCY CALL IN ANOTHER MUNICIPALITY ONLY
17 IF A WRITTEN MUTUAL AID AGREEMENT EXISTS.
18 (3) THIS SUBSECTION SHALL NOT APPLY TO ANY WRITTEN
19 MUTUAL AID AGREEMENT BETWEEN A MUNICIPALITY AND A VOLUNTEER
20 FIRE COMPANY PERMITTING MUNICIPAL EMPLOYEES TO RESPOND TO AN
21 EMERGENCY DURING THE WORKDAY THAT IS IN EFFECT ON THE
22 EFFECTIVE DATE OF THIS SECTION.
23 SECTION 1.1. NO EMPLOYER SHALL DISCRIMINATE AGAINST ANY
24 EMPLOYEE BECAUSE [SUCH] THE EMPLOYEE HAS BEEN INJURED IN THE
25 LINE OF DUTY AS A VOLUNTEER [FIREMAN] FIREFIGHTER, FIRE POLICE
26 OR VOLUNTEER MEMBER OF AN AMBULANCE SERVICE OR RESCUE SQUAD, NOR
27 SHALL ANY EMPLOYER DISCRIMINATE AGAINST ANY EMPLOYEE INJURED IN
28 THE LINE OF DUTY AS A VOLUNTEER [FIREMAN] FIREFIGHTER, FIRE
29 POLICE OR VOLUNTEER MEMBER OF AN AMBULANCE SERVICE OR RESCUE
30 SQUAD WHO SUBSEQUENTLY RETURNS TO WORK AFTER RECEIVING WORKERS'
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1 COMPENSATION BENEFITS PURSUANT TO THE ACT OF JUNE 2, 1915
2 (P.L.736, NO.338), KNOWN AS "THE PENNSYLVANIA WORKMEN'S
3 COMPENSATION ACT." THE TERM "DISCRIMINATE" SHALL MEAN TO
4 DISCHARGE OR TO DISCIPLINE IN A MANNER INCONSISTENT WITH THE
5 EMPLOYER'S TREATMENT OF OTHER SIMILARLY SITUATED EMPLOYEES WHO
6 ARE INJURED IN THE COURSE OF THEIR EMPLOYMENT OR RELATED
7 ACTIVITIES.
8 SECTION 3. ANY EMPLOYEE LOSING TIME AS PROVIDED IN SECTION 1
9 SHALL SUPPLY [HIS] THE EMPLOYEE'S EMPLOYER WITH A STATEMENT FROM
10 THE CHIEF EXECUTIVE OFFICER OF [HIS] THE EMPLOYEE'S VOLUNTEER
11 FIRE COMPANY, AMBULANCE SERVICE OR RESCUE SQUAD OR ITS
12 AFFILIATED ORGANIZATION STATING THAT [HE] THE EMPLOYEE RESPONDED
13 TO A CALL AND THE TIME THEREOF.
14 SECTION 4. AS USED IN THIS ACT, "LINE OF DUTY" SHALL MEAN
15 GOING TO, COMING FROM OR DURING FIRE PREVENTION AND SAFETY
16 ACTIVITIES WHICH INCLUDES FIRE PREVENTION, FIRST AID, RESCUE AND
17 SALVAGE, AMBULANCE SERVICE, FIRE POLICE WORK, ASSISTANCE AT
18 ACCIDENTS, CONTROL OF CROWDS BOTH ON THE FIRE GROUNDS AND AT
19 OCCASIONS OF PUBLIC OR GENERAL ASSEMBLY, ANIMAL RESCUE,
20 ABATEMENT OF CONDITIONS DUE TO STORM, FLOOD OR GENERAL PERIL,
21 ABATEMENT OR REMOVAL OF HAZARDS TO SAFETY AND SUCH OTHER
22 ACTIVITIES AS ARE COMMONLY UNDERTAKEN BY FIRE COMPANIES,
23 AMBULANCE SERVICES OR RESCUE SQUADS OR THEIR AFFILIATED
24 ORGANIZATIONS. THE TERM "EMPLOYER" INCLUDES ANY INDIVIDUAL,
25 PARTNERSHIP, ASSOCIATION, CORPORATION, BUSINESS TRUST, OR ANY
26 PERSON OR GROUP OF PERSONS ACTING DIRECTLY OR INDIRECTLY IN THE
27 INTEREST OF AN EMPLOYER IN RELATION TO ANY EMPLOYEE. THE TERM
28 "DISCIPLINE" SHALL MEAN THE TAKING OF ANY ACTION AGAINST AN
29 EMPLOYEE WHICH ADVERSELY AFFECTS [HIS] THE EMPLOYEE'S REGULAR
30 PAY TO AN EXTENT GREATER THAN PERMITTED BY SECTION 2, [HIS] THE
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1 EMPLOYEE'S JOB STATUS OR OPPORTUNITY FOR PROMOTION, OR [HIS] THE
2 EMPLOYEE'S RIGHT TO ANY BENEFIT GRANTED BY THE EMPLOYER TO OTHER
3 SIMILARLY SITUATED EMPLOYEES.
4 SECTION 5. ANY EMPLOYER WHO WILLFULLY AND KNOWINGLY VIOLATES
5 THE PROVISIONS OF THIS ACT SHALL BE REQUIRED TO REVOKE ANY
6 DISCIPLINARY ACTION AND ANY PENALTY ATTACHED THERETO, OR TO
7 REINSTATE SUCH EMPLOYEE TO [HIS] THE EMPLOYEE'S FORMER POSITION
8 AND SHALL BE REQUIRED TO PAY [SUCH] THE EMPLOYEE ALL LOST WAGES
9 AND BENEFITS FOR THE PERIOD BETWEEN TERMINATION AND
10 REINSTATEMENT AND ANY REASONABLE ATTORNEY FEES WHICH ARE
11 INCURRED IN AN ACTION TO RECOVER LOST WAGES AND BENEFITS. ANY
12 ACTION TO ENFORCE THE PROVISIONS OF THIS ACT SHALL BE COMMENCED
13 WITHIN THE PERIOD OF TWO YEARS WITHIN THE DATE OF VIOLATION AND
14 SUCH ACTION SHALL BE COMMENCED IN THE COURT OF COMMON PLEAS OF
15 THE COUNTY IN WHICH THE EMPLOYER IS LOCATED.
16 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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