PRINTER'S NO. 82
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. L13L43JS/19970S0084B0082 - 3 -