PRIOR PRINTER'S NO. 1113 PRINTER'S NO. 2297
No. 1011 Session of 1987
INTRODUCED BY SWEET, DeLUCA, FOX, MORRIS, FARGO, COWELL, ARGALL,
BELFANTI, BOYES, HALUSKA, McVERRY, BUSH, STABACK, FISCHER,
TIGUE, VAN HORNE, SCHULER, MARKOSEK, COY, HASAY, BOWLEY,
ITKIN, KUKOVICH, PUNT, BLACK, STAIRS, DIETTERICK, JACKSON,
B. SMITH, LEVDANSKY, GAMBLE, J. L. WRIGHT, WASS, NAHILL,
RAYMOND, PRESSMANN, REINARD, HAYDEN, STUBAN, SAURMAN,
D. W. SNYDER, JOHNSON, CORNELL, CLYMER, ROBBINS, GANNON,
CARLSON, DISTLER, BALDWIN, GRUPPO, TRELLO, ARTY, BROUJOS,
COLAFELLA, BUNT, COLE, LAUGHLIN, SHOWERS, SEVENTY, BATTISTO,
OLASZ, McHALE, MERRY, NOYE, DURHAM, BOOK, KASUNIC, GLADECK,
MAINE, ANGSTADT, E. Z. TAYLOR, VEON, KOSINSKI, LUCYK,
HAGARTY, PHILLIPS, MICHLOVIC, CIVERA, LEH AND CIMINI,
APRIL 6, 1987
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 14, 1987
AN ACT
1 Amending the act of December 1, 1977 (P.L.249, No.83), entitled
2 "An act prohibiting employers from firing employees who lose
3 time from employment in the line of duty as volunteer firemen
4 and providing penalties," extending the provisions of the act
5 to include fire police and volunteer members of ambulance
6 services and rescue squads; and prohibiting certain other
7 firings.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The title and section 1 of the act of December 1,
11 1977 (P.L.249, No.83), entitled "An act prohibiting employers
12 from firing employees who lose time from employment in the line
13 of duty as volunteer firemen and providing penalties," are
14 amended to read:
1 AN ACT
2 Prohibiting employers from firing employees who lose time from
3 employment in the line of duty as volunteer firemen, fire
4 police and volunteer members of ambulance services and rescue
5 squads; and providing penalties.
6 Section 1. No employer shall terminate or discipline an
7 employee who is a volunteer fireman, fire police or volunteer
8 member of an ambulance service or rescue squad and in the line
9 of duty has responded to a call prior to the time he was due to
10 report for work resulting in a loss of time from his employment.
11 Section 2. The act is amended by adding a section to read:
12 Section 1.1. No employer shall terminate an employee injured
13 in the line of duty as a volunteer fireman, fire police or a
14 volunteer member of an ambulance service or rescue squad and
15 unable to return to employment due to injury sustained in the
16 line of duty, nor shall an employer terminate an employee who,
17 as a result of such injury in the line of duty, is receiving
18 workers' compensation benefits pursuant to the act of June 2,
19 1915 (P.L.736, No.338), known as "The Pennsylvania Workmen's
20 Compensation Act," and subsequently returns to work.
21 Section 3. Sections 3 and 4 of the act are amended to read:
22 Section 3. Any employee losing time as provided in section 1
23 shall supply his employer with a statement from the chief
24 executive officer of his volunteer fire company, ambulance
25 service or rescue squad or its affiliated organization stating
26 that he responded to a call and the time thereof.
27 Section 4. As used in this act, "line of duty" shall mean
28 going to, coming from or during fire prevention and safety
29 activities which includes fire prevention, first aid, rescue and
30 salvage, ambulance service, fire police work, assistance at
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1 accidents, control of crowds both on the fire grounds and at
2 occasions of public or general assembly, animal rescue,
3 abatement of conditions due to storm, flood or general peril,
4 abatement or removal of hazards to safety and such other
5 activities as are commonly undertaken by fire companies [and] ,
6 ambulance services or rescue squads or their affiliated
7 organizations. The term "employer" includes any individual,
8 partnership, association, corporation, business trust, OR OTHER <--
9 ENTITY EMPLOYING TEN OR MORE EMPLOYEES, or any person or group
10 of persons acting directly or indirectly in the interest of an
11 employer in relation to any employee. The term "discipline"
12 shall mean the taking of any action against an employee which
13 adversely affects his regular pay to an extent greater than
14 permitted by section 2, his job status or opportunity for
15 promotion, or his right to any benefit granted by the employer
16 to other similarly situated employees.
17 Section 4. Section 5 of the act, amended November 6, 1985
18 (P.L.304, No.75), is amended to read:
19 Section 5. Any employer who willfully and knowingly violates
20 the provisions of this act shall be required to revoke any
21 disciplinary action and any penalty attached thereto, or to
22 reinstate such employee to his former position and shall be
23 required to pay such employee all lost wages and benefits for
24 the period between termination and reinstatement and any
25 reasonable attorney fees which are incurred in an action to
26 recover lost wages and benefits. Any action to enforce the
27 provisions of this act shall be commenced within the period of
28 two years within the date of violation and such action shall be
29 commenced in the court of common pleas of the county in which
30 the employer is located.
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1 Section 5. This act shall take effect immediately.
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