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Introduced Version House Bill 3069 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3069


(By Delegate Browning)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §21-5-17 of the Code of West Virginia, 1931, as amended, relating to prohibiting employers from discharging or disciplining a volunteer fireman or emergency medical service attendant who is required to leave work suddenly as a result of their responsibilities to address emergencies when the volunteer fireman or emergency medical service attendant has previously advised their respective employer of their status as a voluntary fireman or emergency medical service attendant and of the prospect that they may be required to leave work suddenly because of their responsibilities as such.

Be it enacted by the Legislature of West Virginia:
That §21-5-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. WAGE PAYMENT AND COLLECTION.
§21-5-17. Employers prohibited from discharging employees for time lost as volunteer firemen or emergency medical service attendant.
No employer may terminate, or use any disciplinary action against, an employee who is a member of a volunteer fire department or who is an emergency medical service attendant and who, in the line of emergency duty as a volunteer fireman or an emergency medical service attendant, responds to an emergency call prior to the time he or she is due to report for work and which emergency results in a loss of time from his or her employment. Nor may an employer terminate, or use disciplinary action against an employee who is a member of a volunteer fire department or who is an emergency medical service attendant who, in the line of emergency duty must suddenly leave his or her employment, if the volunteer fireman or emergency medical services attendant has previously advised the employer of his or her status as such and that there is a contingency that he or she may have to suddenly leave to attend to an emergency.
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 or her employer with a statement from the chief of the volunteer fire department or the supervisor or other appropriate person in charge of the emergency medical service entity stating that the employee responded to an emergency call and the time thereof.
As used in this section, "emergency" means going to, attending to or coming from: (1) A fire call; (2) a hazardous or toxic materials spill and cleanup; (3) a motor vehicle accident; or (4) any other situation to which his or her fire department or emergency medical service entity 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 must reinstate the employee to his or her former position and shall be required to pay the employee all lost wages and benefits, including seniority, for the period between termination and reinstatement. Any action to enforce the provisions of this section must be commenced within a period of one year after the date of violation and the action 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 discharging or disciplining a volunteer fireman or emergency medical service attendant who is required to leave work suddenly as a result of their responsibilities to address emergencies when the volunteer fireman or emergency medical service attendant has previously advised their respective employer of their status as a voluntary fireman or emergency medical service attendant and of the prospect that they may be required to leave work suddenly because of their responsibilities as such.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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