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.