Leaving work to respond to an alarm

[Guest Mfd]

One of the guy's in our department has been getting a bit of a hard time from his supervisor if/ when he leaves to respond to a fire alarm. My recollection is that there is a NYS law or some type of legislation that allows volunteers to leave work, without reprisal, in the event of an emergency, although the employer is not required to pay them for the time away. Tried a search on the FASNY and NYS Chiefs website, and looked through some of the NYS general municipal law books. Just not having much luck. Does anyone have any information or a link to a website about this.

Thank's

[DCJPells 29]

I do not believe there is a requirement to let you go but I believe there is something about not being on time or late for work and it not being a reason for reprisal.

[Guest]

I think it matters what kind of work is it. For example If hes a surgeon and in the middle of brain surgery, id say no lol. I can see like a mechanic or something leaving for a run.

[cas2383 22]

Good luck!

[Doc 11]

So far as I know there is NOTHING on the legal books yet. H.R. 1643 (S. 2240 is the identical Bill working its way through the senate)was introducted in the U.S. House of Representatives on March 22, 2007 and forwarded to the House Subcommittee on Health, Employment and Labor. It would make it illegal for an employer to fire, demote or in any way penalize volunteer emergency workers for absence up to 14 days to respond to emergencies and disasters. However, the employer is NOT obligated to pay you and you must provide documented proof of your response AND notify your employer in a timely manner.

So, for now, it is ENTIRELY at your employers discretion and whim.

[Guest MVFD334]

As a business owner I would be a lil skeptical to the state telling me to do when pertaining to a volunteer person. I am the first person to leave my establishment if there are multiple tones going out for my volunteer dept especially for EMS (delta or better). But with that being said I am also the boss and there are people that can keep the business functioning. I could never imagine working for a person and getting up leaving to go run a call. And as an owner I could understand a person being late because the call went longer than average, but upto 14 days? That just is not fair to business owners. Especially small business's who have enough to worry about. When it comes to work, people have a responsibility to there job. Now if there where a natural disaster of serious proportion, I can understand a leave of absence but at the business owners discretion.

[sr71 1]

I think Ct has a Law about this

[PCFD ENG58 1,085]

I think it matters what kind of work is it. For example If hes a surgeon and in the middle of brain surgery, id say no lol. I can see like a mechanic or something leaving for a run.

Yea a brain surgeon a volunteer, when would he play golf?

[helicopper 1,050]

One of the guy's in our department has been getting a bit of a hard time from his supervisor if/ when he leaves to respond to a fire alarm. My recollection is that there is a NYS law or some type of legislation that allows volunteers to leave work, without reprisal, in the event of an emergency, although the employer is not required to pay them for the time away. Tried a search on the FASNY and NYS Chiefs website, and looked through some of the NYS general municipal law books. Just not having much luck. Does anyone have any information or a link to a website about this.

Thank's

I don't know if this is what you're referring to but this legislation applies to deployments as part of the National Guard, other reserve entities, FEMA, NDMS, etc. It is protecting employees on long-term assignments (14-31 days for example). I'm not aware of any legislation that would protect you on routine, day-to-day EMS or fire calls.

http://www.dol.gov/elaws/userra.htm

Synopsis (not subject to copyright/redistribution limitations):

The Uniformed Services Employment and Reemployment Rights Act (USERRA) Advisor helps Veterans understand employee eligibility and job entitlements, employer obligations, benefits and remedies under the Act. The law is intended to encourage non-career uniformed service so that America can enjoy the protection of those services, staffed by qualified people, while maintaining a balance with the needs of private and public employers who also depend on these same individuals.

Employers are required to provide to persons entitled to the rights and benefits under USERRA, a notice of the rights, benefits and obligations of such persons and such employers under USERRA. Employers may provide the notice, "Your Rights Under USERRA", by posting it where employee notices are customarily placed. However, employers are free to provide the notice to employees in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via electronic mail).

This USERRA Advisor was developed by the Veterans' Employment and Training Service. The Department of Labor (DOL) developed the elaws Advisors to help employees and employers understand their rights and responsibilities under numerous Federal employment laws. Each Advisor includes links to more detailed information that may be useful to the user, such as links to regulatory text, publications and organizations. Additional information is also available from the National Committee for Employer Support of the Guard and Reserve.

VETS has developed an Internet-based system that will allow USERRA claimants to officially submit a claim via the internet VETS Website using an electronic version of Forms 1010 (E-1010). ESGR (Employer Support of the Guard and Reserve) and VETS staff are available to provide technical assistance prior to filing an official claim.

The term 'uniformed services' means the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or emergency.

Intermittent employees of the National Disaster Medical System (NDMS) are also considered to be performing "service in the uniformed services" and protected by USERRA when activated to provide assistance in a public health emergency, to be present when there is a risk of a public health emergency, or when participating in authorized training. See 20 CFR Part 1002.5(0).

As you can see from the second quote, fire and EMS are not the uniformed services being referred to here.

This document is a FAQ about it prepared for NDMS: USERRA_Facts_NDMS.pdf

Sounds like your friend either has to educate and win over his boss or make the decision about which "job" is more important to him. I know that a LOT of employers these days will not release an employee for fire/ambulance calls during the workday as it affects their business.

[Doc 11]

I don't know if this is what you're referring to but this legislation applies to deployments as part of the National Guard, other reserve entities, FEMA, NDMS, etc. It is protecting employees on long-term assignments (14-31 days for example). I'm not aware of any legislation that would protect you on routine, day-to-day EMS or fire calls.

http://www.dol.gov/elaws/userra.htm

Synopsis (not subject to copyright/redistribution limitations):

As you can see from the second quote, fire and EMS are not the uniformed services being referred to here.

This document is a FAQ about it prepared for NDMS: USERRA_Facts_NDMS.pdf

Yeah, that is a miconception I've heard people bat around like it will save their jobs. USERRA has nothing to do with emergency services workers. HR 1643 and S. 2240 aim to rectify the situation, however I doubt either will get out of committee in one piece. It is surprising to see that our leaders might have finally realized that most of the response personnel in most of the nation are volunteers and that NIMS won't work if nobody can show up to fill crucial postions - like the Food Unit Leader. I don't know how ANY operation can function without a fully staffed Food Unit.

Seriously, though, those people who are lucky enough to work in the same town they live in (and volunteer in) really need to set out the ground rules for responding to calls with their employer before the tones drop. The employer has every right to protect their interests and if that means not allowing responses, oh well - find a different job or resign yourself to evenings and weekend calls.

[5slow 9]

I truly doubt that a private employer would allow an employee to leave, unless they were a volunteer also. But I do know that many towns and villages have it in their policies that their respective employees can respond to fire and ambulance calls within their area, while working. This was set-up to encourage employees to first volunteer and second to live in the area.

Edited March 28, 2008 by 5slow

[lisnak 0]

I am a NYS employee. I am not allowed to leave work to attend an alarm. If I respond to an alarm prior to starting work

( even one minute prior ) I can stay until the alarm and clean is up. Does not matter how late I am. There is no docking of pay or time.

[helicopper 1,050]

Not to be too negative here but isn't requiring an employee to release or otherwise excuse a member of an FD/EMS agency for calls during their work-day like compelling them to donate to the agency?

If I leave work to respond on an EMS call and my boss still has to pay me for those two hours, my EMS agency benefits and my employer suffers. Work isn't getting done by me during those two hours and the EMS agency dodges the real issue of inadequate staffing. How is that an equitable arrangement?

Frankly, I'm surprised more employers aren't resistant to the idea regardless of civic mindedness and supporting the community. It's a really tough economy out there these days and who can afford to pay employees who aren't there!

[helicopper 1,050]

I am a NYS employee. I am not allowed to leave work to attend an alarm. If I respond to an alarm prior to starting work

( even one minute prior ) I can stay until the alarm and clean is up. Does not matter how late I am. There is no docking of pay or time.

Just curious, what agency? Does someone have to remain for you until you get there?

[Doc 11]

Not to be too negative here but isn't requiring an employee to release or otherwise excuse a member of an FD/EMS agency for calls during their work-day like compelling them to donate to the agency?

If I leave work to respond on an EMS call and my boss still has to pay me for those two hours, my EMS agency benefits and my employer suffers. Work isn't getting done by me during those two hours and the EMS agency dodges the real issue of inadequate staffing. How is that an equitable arrangement?

Frankly, I'm surprised more employers aren't resistant to the idea regardless of civic mindedness and supporting the community. It's a really tough economy out there these days and who can afford to pay employees who aren't there!

I'm one of the lucky ones. I work for a private employer who allows me and the other voluteer FF's and EMT's to go to calls. Right now 1/5th of our people are volunteer emergency workers of some sort, none in the same agency, which is strange since the business has no connection to emergency services work.

The policy is that you have to get your supervisor's permission, be able to furnish written proof of why you were out if so requested and we aren't paid for the time out. We have to use personal time or sick time or simply not get paid for the time we are out. For Salaried Employees, the time can also be deducted from your flextime accrual even if it puts you in an hours deficit. The policy is, no matter what, your work gets out on time and up to Quality Control's standards. If that means working extra hours or weekends to catch up, so be it. You won't get OT or flex time for it until you're over 40 hours for the week and your supervisor has the option of not letting you work the extra hours. If your productivity suffers, this benefit will be terminated for you. Some of our positions simply don't allow for people to leave due to not having a back-up for a critical task and if you have an appointment or meeting with a client you can't cancel it to go to a call. Most of us don't interact with clients directly, so keeping regular hours isn't essential. But the reality is that we all understand that running off to a call is putting other people we work with in a world of hurt in our absence.

Since I'm always swamped and have no backup for my position, I only respond if its a confirmed working fire or an Article 2b declared disaster and then I pay for it for few days after.

[Guest]

I think Ct has a Law about this

CT DOES have a law that covers volunteer firefighters and emergency medical service members. It was adopted a few years ago.

I don't have it in front of me to qoute it but here is the basic idea.

1 The employer is to be notified of your membership with the orginization prior to being absent for an alarm.

2 The employer has the right to request written proof of your membership from the chief of the orginization.

3 An employer may not terminate, punish, or discriminate against said person in any way for any of the following:

-Arriving late for work due to alarm.

-Leaving work for any amount of time durring a alarm.

-Leaving work prior to end of shift for an alarm.

-Missing work (entire shift) while on an alarm.

4 Upon return to work after responding to an alarm, the employer has the right to request written proof from your Chief

stating that you were on a call durring the time that you were absent from work. (I think you have 48 hours to provide written proof.)

5 The employer is not required to pay the employee while they are absent from work for an alarm.

I'm sure ou can find this on line fi you have the time to go through the department of labor web site. You can also find it in the book titled Connecticut Fire Service Laws.

[ajsbear 11]

In NYS unless you have an "Personal Employment contract" you are an "AT WILL" employee. This does not mean a union contract. That means they really do not need a reason to fire you.

[Guest Mfd]

This bill listed below was PM'd to me by another member of this site. I do agree that our employers and jobs do come first and we should not be just dropping everything and running out the door every time the tones go off. The person in question responded to two serious alarms in coincedently a relatively short amount of time, basicly the same week. I am hoping that they can work something out that is mutually beneficial to both sides.

Thank's for the help

Friday, March 28, 2008

Bill Text - S03591

Back | New York State Bill Search | Assembly Home

See Bill Summary

S T A T E O F N E W Y O R K

________________________________________________________________________

3591

2007-2008 Regular Sessions

I N S E N A T E

March 12, 2007

___________

Introduced by Sens. WRIGHT, ALESI, FUSCHILLO, GRIFFO, LARKIN, LEIBELL,

LIBOUS, MALTESE, MORAHAN, ROBACH, SEWARD, TRUNZO, VOLKER -- read twice

and ordered printed, and when printed to be committed to the Committee

on Local Government

AN ACT to amend the volunteer firefighters` benefit law and the volun-

teer ambulance workers` benefit law, in relation to leave from work

for municipal employees responding to fire and ambulance calls

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-

BLY, DO ENACT AS FOLLOWS:

1 Section 1. The volunteer firefighters` benefit law is amended by

2 adding a new section 4-a to read as follows:

3 S 4-A. LEAVE FROM WORK FOR RESPONDING TO CALLS. 1. ANY PUBLIC EMPLOYEE

4 WHO IS AN ACTIVE VOLUNTEER FIREFIGHTER:

5 A. MAY BE PERMITTED TO LEAVE WORK IN ORDER TO RESPOND TO FIRE CALLS OR

6 AMBULANCE CALLS DURING SUCH EMPLOYEE`S REGULAR HOURS OF EMPLOYMENT WITH-

7 OUT PREJUDICE TO OPPORTUNITY FOR PROMOTION OR CONTINUED EMPLOYMENT, AND

8 WITHOUT BEING CHARGED HOURS AGAINST SICK TIME, PERSONAL TIME, VACATION

9 TIME OR COMPENSATORY TIME OR ANY OTHER ACCRUED TIME; AND

10 B. SHALL BE PERMITTED TO RESPOND TO SUCH CALLS PRIOR TO REPORTING FOR

11 WORK WITHOUT PREJUDICE TO OPPORTUNITY FOR PROMOTION OR CONTINUED EMPLOY-

12 MENT, AND WITHOUT BEING CHARGED HOURS AGAINST SICK TIME, PERSONAL TIME,

13 VACATION TIME OR COMPENSATORY TIME OR ANY OTHER ACCRUED TIME.

14 2. THE BENEFITS SET FORTH IN SUBDIVISION ONE OF THIS SECTION SHALL

15 ONLY BE AFFORDED TO A PUBLIC EMPLOYEE WHEN:

16 A. IF REQUESTED BY THE PUBLIC EMPLOYER, SUCH EMPLOYEE SUBMITS A WRIT-

17 TEN STATEMENT FROM THE CHIEF OF THE FIRE COMPANY OR THE CHIEF OFFICER OF

18 THE AMBULANCE COMPANY VERIFYING THAT SUCH EMPLOYEE RESPONDED TO A FIRE

19 OR AMBULANCE CALL AND SPECIFYING THE DATE, TIME AND DURATION OF SUCH

20 RESPONSE; AND

21 B. SUCH EMPLOYEE`S LEAVE FROM WORK DOES NOT RESULT IN SUCH PUBLIC

22 EMPLOYER`S FAILURE TO MEET MINIMUM REQUIRED STAFFING LEVELS.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

{ } is old law to be omitted.

LBD10142-02-7

S. 3591 2

1 3. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE

2 FOLLOWING MEANINGS:

3 A. "AMBULANCE COMPANY" SHALL HAVE THE MEANING SET FORTH IN SUBDIVISION

4 TWO OF SECTION THREE OF THE VOLUNTEER AMBULANCE WORKERS` BENEFIT LAW;

5 B. "PUBLIC EMPLOYEE" SHALL MEAN A PERSON WHO IS EMPLOYED BY A PUBLIC

6 EMPLOYER; AND

7 C. "PUBLIC EMPLOYER" SHALL MEAN:

8 I. THE STATE OF NEW YORK;

9 II. A COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION

10 OR CIVIL DIVISION OF THE STATE;

11 III. A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY OPERATING A PUBLIC

12 SCHOOL, COLLEGE OR UNIVERSITY;

13 IV. A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT;

14 V. A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT CORPORATION; OR

15 VI. ANY OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALITY OR UNIT OF

16 GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER UNDER THE LAWS OF THE

17 STATE.

18 S 2. The article heading of article 1 of the volunteer ambulance work-

19 ers` benefit law is amended to read as follows:

20 SHORT TITLE; PURPOSE; DEFINITIONS; MISCELLANEOUS

21 S 3. The volunteer ambulance workers` benefit law is amended by adding

22 a new section 4 to read as follows:

23 S 4. LEAVE FROM WORK FOR RESPONDING TO CALLS. 1. ANY PUBLIC EMPLOYEE

24 WHO IS AN ACTIVE VOLUNTEER AMBULANCE WORKER:

25 A. MAY BE PERMITTED TO LEAVE WORK IN ORDER TO RESPOND TO FIRE CALLS OR

26 AMBULANCE CALLS DURING SUCH EMPLOYEE`S REGULAR HOURS OF EMPLOYMENT WITH-

27 OUT PREJUDICE TO OPPORTUNITY FOR PROMOTION OR CONTINUED EMPLOYMENT, AND

28 WITHOUT BEING CHARGED HOURS AGAINST SICK TIME, PERSONAL TIME, VACATION

29 TIME OR COMPENSATORY TIME OR ANY OTHER ACCRUED TIME; AND

30 B. SHALL BE PERMITTED TO RESPOND TO SUCH CALLS PRIOR TO REPORTING FOR

31 WORK WITHOUT PREJUDICE TO OPPORTUNITY FOR PROMOTION OR CONTINUED EMPLOY-

32 MENT, AND WITHOUT BEING CHARGED HOURS AGAINST SICK TIME, PERSONAL TIME;

33 VACATION TIME OR COMPENSATORY TIME OR ANY OTHER ACCRUED TIME.

34 2. THE BENEFITS SET FORTH IN SUBDIVISION ONE OF THIS SECTION SHALL

35 ONLY BE AFFORDED TO A PUBLIC EMPLOYEE WHEN:

36 A. IF REQUESTED BY THE PUBLIC EMPLOYER, SUCH EMPLOYEE SUBMITS A WRIT-

37 TEN STATEMENT FROM THE CHIEF OF THE FIRE COMPANY OR THE CHIEF OFFICER OF

38 THE AMBULANCE COMPANY VERIFYING THAT SUCH EMPLOYEE RESPONDED TO A FIRE

39 OR AMBULANCE CALL AND SPECIFYING THE DATE, TIME AND DURATION OF SUCH

40 RESPONSE; AND

41 B. SUCH EMPLOYEE`S LEAVE FROM WORK DOES NOT RESULT IN SUCH PUBLIC

42 EMPLOYER`S FAILURE TO MEET MINIMUM REQUIRED STAFFING LEVELS.

43 3. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE

44 FOLLOWING MEANINGS:

45 A. "FIRE COMPANY" SHALL HAVE THE MEANING SET FORTH IN SUBDIVISION TWO

46 OF SECTION THREE OF THE VOLUNTEER FIREFIGHTERS` BENEFIT LAW;

47 B. "PUBLIC EMPLOYEE" SHALL MEAN A PERSON WHO IS EMPLOYED BY A PUBLIC

48 EMPLOYER; AND

49 C. "PUBLIC EMPLOYER" SHALL MEAN:

50 I. THE STATE OF NEW YORK;

51 II. A COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION

52 OR CIVIL DIVISION OF THE STATE;

53 III. A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY OPERATING A PUBLIC

54 SCHOOL, COLLEGE OR UNIVERSITY;

55 IV. A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT;

S. 3591 3

1 V. A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT CORPORATION; OR

2 VI. ANY OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALITY OR UNIT OF

3 GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER UNDER THE LAWS OF THE

4 STATE.

5 S 4. This act shall take effect immediately.

Contact Webmaster

Page display time = 0.0039 sec

[jayhalsey 6]

This bill listed below was PM'd to me by another member of this site. I do agree that our employers and jobs do come first and we should not be just dropping everything and running out the door every time the tones go off. The person in question responded to two serious alarms in coincedently a relatively short amount of time, basicly the same week. I am hoping that they can work something out that is mutually beneficial to both sides.

Thank's for the help

Friday, March 28, 2008

Bill Text - S03591

Back | New York State Bill Search | Assembly Home

See Bill Summary

S T A T E O F N E W Y O R K

________________________________________________________________________

3591

2007-2008 Regular Sessions

I N S E N A T E

March 12, 2007

___________

Introduced by Sens. WRIGHT, ALESI, FUSCHILLO, GRIFFO, LARKIN, LEIBELL,

LIBOUS, MALTESE, MORAHAN, ROBACH, SEWARD, TRUNZO, VOLKER -- read twice

and ordered printed, and when printed to be committed to the Committee

on Local Government

AN ACT to amend the volunteer firefighters` benefit law and the volun-

teer ambulance workers` benefit law, in relation to leave from work

for municipal employees responding to fire and ambulance calls

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-

BLY, DO ENACT AS FOLLOWS:

1 Section 1. The volunteer firefighters` benefit law is amended by

2 adding a new section 4-a to read as follows:

3 S 4-A. LEAVE FROM WORK FOR RESPONDING TO CALLS. 1. ANY PUBLIC EMPLOYEE

4 WHO IS AN ACTIVE VOLUNTEER FIREFIGHTER:

5 A. MAY BE PERMITTED TO LEAVE WORK IN ORDER TO RESPOND TO FIRE CALLS OR

6 AMBULANCE CALLS DURING SUCH EMPLOYEE`S REGULAR HOURS OF EMPLOYMENT WITH-

7 OUT PREJUDICE TO OPPORTUNITY FOR PROMOTION OR CONTINUED EMPLOYMENT, AND

8 WITHOUT BEING CHARGED HOURS AGAINST SICK TIME, PERSONAL TIME, VACATION

9 TIME OR COMPENSATORY TIME OR ANY OTHER ACCRUED TIME; AND

49 C. "PUBLIC EMPLOYER" SHALL MEAN:

50 I. THE STATE OF NEW YORK;

51 II. A COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION

52 OR CIVIL DIVISION OF THE STATE;

53 III. A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY OPERATING A PUBLIC

54 SCHOOL, COLLEGE OR UNIVERSITY;

55 IV. A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT;

S. 3591 3

1 V. A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT CORPORATION; OR

2 VI. ANY OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALITY OR UNIT OF

3 GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER UNDER THE LAWS OF THE

4 STATE.

5 S 4. This act shall take effect immediately.

Contact Webmaster

Page display time = 0.0039 sec

So this is just applying to municipal employees, right?

I believe our town employees are allowed to leave work for a confirmed structure fire, and a call for manpower. I would imagine they do not get paid for the time they are out.

[DaRock98 76]

I am actually one of the lucky ones as well. My boss allows me to come into work late/leave work early if an alarm comes in as long as I call him on my way to the call to let him know I will be late. The only day I am not aloud to leave is Saturday's because I am the only one in the office. As long as we are not busy and it's not during holiday time he has no problem letting me leave to answer a fire call b/c 9 times out of 10 I will be back within 30-45 mins the most. He however would prefer me not to leave for ems calls b/c they happen more often and take a lot longer for me to return back to work, if they are requesting a driver on ems calls he will let me go. I do still get paid for time out of the office and it does not count toward any vacation/sick time.

[shadow12083 17]

I am not aware of a NY law but one similar to CT would be nice. I would actually add some restrictions to prevent abuse and protect the employer as well. Maybe the protection would only be good for a certin number of hours of volunteer service during your workday like 40 or 80. Maybe a tax break can be given to employers that allow employees to respond from work.

[ny10570 745]

My only problem with this law is that it makes your employer pay you while you are responding. If you are not at work then your boss should not have to pay you. You should be allowed to leave to respond, but if they're going to keep you on the clock consider it a bonus. The law as its posted applies to everyone. The only exemption is for people employed in the service of the public with where their absence would result in staffing below a set minimum.

[Guest]

My only problem with this law is that it makes your employer pay you while you are responding. If you are not at work then your boss should not have to pay you. You should be allowed to leave to respond, but if they're going to keep you on the clock consider it a bonus. The law as its posted applies to everyone. The only exemption is for people employed in the service of the public with where their absence would result in staffing below a set minimum.

i think its meant to encourage people to help out in the community they live/work in. i think thats why the "mutual aid member" status was created. it's a great idea. see, there are paid firemen/women in our area! lol

[firemoose827 324]

I work for the Village Highway, and I am allowed to respond to confirmed fires- Structural, wildland, and automobile. For EMS I can respond for Delta and Echo calls, and have to use common sense with Charlie calls like if they are calling for an EMT or its right near where I am.

I too get paid still while at the call as long as I return to work as soon as possible and make up the work.

[Guest]

CT's law allows for people to be late to, leave early, or be absent from work for "live" incidents. The employer is not required to pay the employee for the time out of work but can not discipline or terminate the employee for these absences. That being said, I do not know may CT volunteers that challenge their employers with this law though.

[AFS1970 504]

Really why would you challenge an employer over this law. Since being a Volunteer Firefighter isn't something that any of us try and hide, your boss probably already knows you are one. If there is a call that you need to go to ask and you will probably be allowed to go. Using the law if you are not will be a legal victory but will take time away from the response anyway and probably make it a moot point.

We used to have a big company in town that would let anyone go to calls as long as you notified your immediate supervisor. I know of one day that they let people go for an MCI drill, after it was explained that the purpose was to see how fast a crew could assemble. I have never heard of a company that flat out forbids such responses, but we all probably need to use a little common sense and not turn this into something adversarial.

[Guest]

Really why would you challenge an employer over this law. Since being a Volunteer Firefighter isn't something that any of us try and hide, your boss probably already knows you are one. If there is a call that you need to go to ask and you will probably be allowed to go. Using the law if you are not will be a legal victory but will take time away from the response anyway and probably make it a moot point.

We used to have a big company in town that would let anyone go to calls as long as you notified your immediate supervisor. I know of one day that they let people go for an MCI drill, after it was explained that the purpose was to see how fast a crew could assemble. I have never heard of a company that flat out forbids such responses, but we all probably need to use a little common sense and not turn this into something adversarial.

You must have misunderstood what I meant by "challenge". Of course the employer knows which of his employees are volunteers. As a matter of fact part of the CT volunteer law states that the employee must notify the employer in writing. What I meant by challenge was that if you have an employer that does not follow the law, I am not aware of anyone that has taken this issue to court.

You can argue with the guy til your blue in the face and you are right this may accomplish nothing and would probably worsen the situation. It would only be a legal victory if it was taken to court and ruled on by a judge mandating the employer to follow the law. At which point I am sure that it would only snowball into other work related problems which I am sure most people do not want to deal with.

I know some volunteer firemen that do leave work for incients and others choose not to test the waters.

[Guest]

An employer can not stop you from responding to an alarm but they do not have to pay you while you are gone. Best thing is to sit down and explain the importance of responding. Most places rely on volunteers who work in their village or town during the day.

[Guest]

I am a NYS employee. I am not allowed to leave work to attend an alarm. If I respond to an alarm prior to starting work

( even one minute prior ) I can stay until the alarm and clean is up. Does not matter how late I am. There is no docking of pay or time.

Hmmm Im a NYS employee too. I'm can leave work if we have the coverage. I work in direct care. I also will be paid Up to 4hrs if IM on call and cant leave a scene.

My ? to you lisnak what union do you have. I think you have to look deep unto you union laws. I know csea union workers can leave if you have the coverage.

[breezly 6]

My employer has this policy:

Absences considered as time worked (for purposes of computing an employee's compensation) include:

Vacation, holiday and personal holiday.

Attendance or participation in an activity at the request of employer.

Participation in community activities in time of community emergency (for example, civil defense, volunteer fire fighter's unit, or rescue and first aid teams).

Necessary time off for blood donations.

Attendance at a worker's compensation hearing or investigation when the employee is directly involved.

Time off for rest at management direction during regularly scheduled hours when excessive overtime hours have been worked (includes compensatory time off).

Time off for religious observances.

Jury duty: Regular part-time, regular full-time and long term supplemental employees receive base pay for their normally scheduled hours. Generally, employees may keep any compensation paid by the court and related to jury duty.

Military annual training.

Military emergency call-up.