The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act to protect volunteer firefighters from unreasonable discharge from employment. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION
1. Section 177B of Chapter 149 of the General Laws, as appearing in the 2002
Official Edition, is hereby amended by inserting in place thereof the following
new section 177B:
Section 177B. No employer shall discharge or take any other disciplinary action
against any employee by reason of failure of such employee to report for work
at commencement of his regular working hours where such failure is due to
responding to an emergency in his capacity as a volunteer member of a fire
department or a rescue/ambulance squad; provided, however, that no such
employer shall be required to compensate any such employee for any period of
his normal working hours during which for such reason he fails to report to
work and at the request of an employer shall submit a statement signed by the
chief of such fire department or rescue/ambulance squad certifying the date and
time such employee responded to and from such emergency. Such employee shall
inform his employer or immediate supervisor of the reasons for such failure.
As used in this section, “responding to an emergency” shall mean responding to,
working at the scene of, or returning from a fire, rescue, emergency medical
call, hazardous materials incident, or natural disaster, or a call of a fire,
rescue, emergency medical call, hazardous materials incident, or natural
disaster, in good faith belief that such action was necessary to prevent the
imminent loss of life or property, where either such fire, rescue, emergency
medical call, hazardous materials incident, or natural disaster, or a call of a
rescue emergency medical call, hazardous materials incident, or natural
disaster occurs during a period other than the normal working hours of the
employee. And as used in this section “volunteer member” shall mean a volunteer
call, reserve, or permanent-intermittent firefighter, but shall not include any
person who received compensation for over nine hundred and seventy-five hours
of services rendered in such capacity over the preceding six month period.
Any employee who is terminated or against whom any disciplinary action is taken
in violation of the provisions of this section shall be immediately reinstated
to his former position without reduction of pay, seniority or other benefits,
and shall receive any lost pay or other benefits during any period for which
termination or other disciplinary action was in effect. An action to enforce the
provisions of this section shall be commenced within one year of the date of
the alleged violation, in superior court within the county wherein the action
occurred or wherein the employer resides or transacts business.
SECTION 2. This act shall take effect upon its passage.