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                                                        PRINTER'S NO. 82

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 84 Session of 1997


        INTRODUCED BY HOLL, JANUARY 21, 1997

        REFERRED TO LABOR AND INDUSTRY, JANUARY 21, 1997

                                     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," extending the provisions of the act to include
     7     members of volunteer firefighter support service
     8     organizations.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  The title and sections 1, 1.1, 3 and 4 of the act
    12  of December 1, 1977 (P.L.249, No.83), entitled, as amended, "An
    13  act prohibiting employers from firing employees who lose time
    14  from employment in the line of duty as volunteer firemen, fire
    15  police and volunteer members of ambulance services and rescue
    16  squads; and providing penalties," amended or added December 5,
    17  1988 (P.L.1102, No.131), are amended to read:
    18                               AN ACT
    19  Prohibiting employers from firing employees who lose time from
    20     employment in the line of duty as volunteer [firemen]


     1     firefighters, fire police and volunteer members of ambulance
     2     services [and], rescue squads and volunteer firefighter
     3     support service organizations; and providing penalties.
     4     Section 1.  No employer shall terminate or discipline an
     5  employee who is a volunteer [fireman] firefighter, fire police
     6  or volunteer member of an ambulance service [or], rescue squad
     7  or volunteer firefighter support service organization and in the
     8  line of duty has responded to a call prior to the time he was
     9  due to report for work resulting in a loss of time from his
    10  employment.
    11     Section 1.1.  No employer shall discriminate against any
    12  employee because such employee has been injured in the line of
    13  duty as a volunteer [fireman] firefighter, fire police or
    14  volunteer member of an ambulance service [or], rescue squad or
    15  volunteer firefighter support service organization, nor shall
    16  any employer discriminate against any employee injured in the
    17  line of duty as a volunteer [fireman] firefighter, fire police
    18  or volunteer member of an ambulance service [or], rescue squad
    19  or volunteer firefighter support service organization who
    20  subsequently returns to work after receiving workers'
    21  compensation benefits pursuant to the act of June 2, 1915
    22  (P.L.736, No.338), known as "The Pennsylvania Workmen's
    23  Compensation Act." The term "discriminate" shall mean to
    24  discharge or to discipline in a manner inconsistent with the
    25  employer's treatment of other similarly situated employees who
    26  are injured in the course of their employment or related
    27  activities.
    28     Section 3.  Any employee losing time as provided in section 1
    29  shall supply his employer with a statement from the chief
    30  executive officer of his volunteer fire company, ambulance
    19970S0084B0082                  - 2 -

     1  service [or], rescue squad or volunteer firefighter support
     2  service organization or its affiliated organization stating that
     3  he responded to a call and the time thereof.
     4     Section 4.  As used in this act, "line of duty" shall mean
     5  going to, coming from or during fire prevention and safety
     6  activities which includes fire prevention, first aid, rescue and
     7  salvage, ambulance service, fire police work, assistance at
     8  accidents, control of crowds both on the fire grounds and at
     9  occasions of public or general assembly, animal rescue,
    10  abatement of conditions due to storm, flood or general peril,
    11  abatement or removal of hazards to safety and such other
    12  activities as are commonly undertaken by fire companies,
    13  ambulance services [or], rescue squads or volunteer firefighter
    14  support service organizations or their affiliated organizations.
    15  The term "employer" includes any individual, partnership,
    16  association, corporation, business trust, or any person or group
    17  of persons acting directly or indirectly in the interest of an
    18  employer in relation to any employee. The term "discipline"
    19  shall mean the taking of any action against an employee which
    20  adversely affects his regular pay to an extent greater than
    21  permitted by section 2, his job status or opportunity for
    22  promotion, or his right to any benefit granted by the employer
    23  to other similarly situated employees. The term "volunteer
    24  firefighter support service organization" shall mean an entity
    25  which provides volunteer services, including, but not limited
    26  to, preparing and serving food and beverages to volunteer
    27  firefighters and other rescue personnel at the scene of a fire
    28  or other emergency.
    29     Section 2.  This act shall take effect in 60 days.

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