H. B. 2603
(By Delegates Swartzmiller, DeLong,
Pethtel, Amores and Manuel)
[Introduced March 1, 2001; referred to the
Committee on Industry and Labor, Economic Development and
Small Business then the Judiciary.]
A BILL to amend and reenact section seventeen, article five,
chapter twenty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to prohibiting
employers from disciplining employees for lost time while the
employee is on emergency duty as a volunteer fireman.
Be it enacted by the Legislature of West Virginia:
That section seventeen, article five, chapter twenty-one of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. WAGE PAYMENT AND COLLECTION.
§21-5-17. Employers prohibited from discharging or disciplining
employees for time lost as volunteer firemen.
No employer may terminate, or use any disciplinary action
against, an employee who is a member of a volunteer fire department
and who, in the line of emergency duty as a volunteer fireman,
responds to an emergency call prior to the time he is due to report
for work and which emergency results in a loss of time from his
employment.
Any time lost from employment as provided in this section may
be charged against the employee's regular pay or against the
employee's accumulated leave, if any, at the option of the
employee.
At the request of an employer, any employee losing time as
provided herein shall supply his employer with a statement from the
chief of the volunteer fire department stating that the employee
responded to an emergency call and the time thereof.
As used in this section, "emergency" shall mean means going
to, attending to or coming from: (1) A fire call; (2) a hazardous
or toxic materials spill and cleanup; or (3) any other situation to
which his or her fire department has been or later could be
dispatched. The term "employer" includes any individual,
partnership, association, corporation, business trust or any person
or group of persons acting directly or indirectly in the interest
of an employer in relation to any employee.
Any employer who willfully and knowingly violates the
provisions of this section shall be required to must reinstate such
the employee to his the employees's former position and shall be
required to must pay such the employee all lost wages and benefits
for the period between termination and reinstatement. Any action
to enforce the provisions of this section shall must be commenced
within a period of one year after the date of violation and such
the action shall must be commenced in the circuit court of the
county wherein the place of employment is located.
NOTE: The purpose of this bill is to
prohibit employers from
disciplining employees for lost time while the employee is on
emergency duty as a volunteer fireman.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.