Senate Bill No. 140
(By Senators Burdette (Mr. President) and Boley)
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[Introduced January 28, 1994; referred to the Committee
on Government Organization; and then to the Committee
on Finance.]
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A BILL to amend article five, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifteen- a, relating to emergency services; authorizing paid leave for a state employee who is a certified disaster service volunteer of the American red cross in certain specified circumstances; and removing liability of state for workers compensation claims of disaster service volunteers on assignment.

Be it enacted by the Legislature of West Virginia:
That article five, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section fifteen-a, to read as follows:

ARTICLE 5. EMERGENCY SERVICES.

§15-5-15A. Paid leave for disaster service volunteers; state not

liable for workers compensation claims.
Any state employee who is a certified disaster service volunteer of the American Red Cross may be granted leave from his or her state employment with pay, for not more than fifteen work days in each year, to participate in specialized disaster relief services for the American Red Cross. Leave shall be granted under this section upon the request of the American Red Cross for the services of that employee and upon the approval of that employee's immediate supervisor, without loss of pay, annual leave, sick leave, earned overtime compensation, seniority or compensatory time. Leave shall be granted only for those disasters designated at Level II and above in the American Red Cross regulations and procedures. The state shall compensate an employee granted leave under this section at the employee's regular rate of pay for those regular work hours during which the employee is absent from his or her state employment.
The state shall not be liable for workers compensation claims arising from accident or injury while the state employee is on assignment as a certified disaster service volunteer for the American Red Cross. Duties performed while on disaster leave shall not be considered to be a work assignment by a state agency. The employee is granted leave based on the need for the expertise in his or her certified area. Job functions although similar or related are performed on behalf of and for the benefit of the American Red Cross.

NOTE: The purpose of this bill is to authorize paid leave, not to exceed fifteen days per year, for any state employee who is an American Red Cross certified disaster relief volunteer and whose specialized disaster relief services are requested by the American Red Cross for disasters requiring the Red Cross to make an aggregate expenditure of more than $10,000. The bill also includes a "hold harmless" provision for workers compensation should a state employee be injured while doing relief work.

This section is new; therefore, strike-throughs and underscoring have been omitted.