COMMITTEE SUBSTITUTE
FOR
H. B. 2341
(By Delegates Smirl, Kiss, Hutchins,
Amores, Leggett and Pino)
(Originating in the House Committee on Finance)
[February 16, 1996]
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 generally to emergency services; authorizing paid
leave for not more than fifteen work days for a state employee
who is a certified disaster service volunteer of the American
Red Cross; requiring American Red Cross to request leave;
requiring approval by supervisors; and providing that no loss
of pay or benefits will result from leave.
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.
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 only upon the approval of that
employee's immediate supervisor. Leave shall be granted without
loss of pay, annual leave, sick leave, earned overtime
compensation, seniority or compensatory time. 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. Any
supervisor granting leave to an employee for purposes of
participating in specialized disaster relief shall make a report to
the governor which includes the name of the employee and the cost
of salary and benefits of that employee during the period of the
leave. The governor shall keep a record of the total cost of the
salary and benefits of employees who have been granted leave and in
no event shall the total cost for all state agencies exceed one
hundred thousand dollars:
Provided, That upon approval of the
governor and repayment of the cost to the employing agency, from
the civil contingent fund, leave may be granted in an excess of a
total cost of one hundred thousand dollars if a state of emergency
has been proclaimed pursuant to section six of this article.