PRINTER'S NO. 1098
No. 852 Session of 2005
INTRODUCED BY ORIE, KITCHEN, LEMMOND, COSTA, O'PAKE, TARTAGLIONE, FERLO, STACK, RHOADES, WOZNIAK, GORDNER, LAVALLE, WONDERLING, LOGAN, RAFFERTY AND C. WILLIAMS, SEPTEMBER 8, 2005
REFERRED TO LABOR AND INDUSTRY, SEPTEMBER 8, 2005
AN ACT 1 Amending the act of December 1, 1977 (P.L.249, No.83), entitled, 2 as amended, "An act prohibiting employers from firing 3 employees who lose time from employment in the line of duty 4 as volunteer firemen, fire police and volunteer members of 5 ambulance services and rescue squads; and providing 6 penalties," further providing for the termination or 7 discipline of volunteer firefighters; and making editorial 8 changes. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. The title and sections 1, 1.1, 3, 4 and 5 of the 12 act of December 1, 1977 (P.L.249, No.83), entitled, as amended, 13 "An act prohibiting employers from firing employees who lose 14 time from employment in the line of duty as volunteer firemen, 15 fire police and volunteer members of ambulance services and 16 rescue squads; and providing penalties," amended or added 17 December 5, 1988 (P.L.1102, No.131), are amended to read: 18 AN ACT 19 Prohibiting employers from [firing] terminating, disciplining or 20 discriminating against employees who lose time from
1 employment in the line of duty as volunteer [firemen] 2 firefighters, fire police and volunteer members of ambulance 3 services and rescue squads; and providing penalties. 4 Section 1. (a) No employer shall terminate or discipline an 5 employee who is a volunteer [fireman] firefighter, fire police 6 or volunteer member of an ambulance service or rescue squad and 7 in the line of duty has responded to a call prior to the time 8 [he] the employee was due to report for work resulting in a loss 9 of time from [his] the employee's employment. 10 (b) (1) No municipal employer shall terminate or discipline 11 a municipal employee who is a volunteer firefighter on the 12 basis that the municipal employee, in the line of duty as a 13 volunteer firefighter, responded to a call during the workday 14 for an emergency occurring in the municipality where the 15 volunteer firefighter is employed and is also a volunteer 16 firefighter provided the municipal employee has notified and 17 proven to the municipal employer that the municipal employee 18 is a qualified volunteer firefighter. 19 (2) A municipal employee who is a volunteer firefighter 20 may respond to an emergency call in another municipality only 21 if a written mutual aid agreement exists. 22 (3) This subsection shall not apply to any written 23 mutual aid agreement between a municipality and a volunteer 24 fire company permitting municipal employees to respond to an 25 emergency during the workday that is in effect on the 26 effective date of this section. 27 Section 1.1. No employer shall discriminate against any 28 employee because [such] the employee has been injured in the 29 line of duty as a volunteer [fireman] firefighter, fire police 30 or volunteer member of an ambulance service or rescue squad, nor 20050S0852B1098 - 2 -
1 shall any employer discriminate against any employee injured in 2 the line of duty as a volunteer [fireman] firefighter, fire 3 police or volunteer member of an ambulance service or rescue 4 squad who subsequently returns to work after receiving workers' 5 compensation benefits pursuant to the act of June 2, 1915 6 (P.L.736, No.338), known as "The Pennsylvania Workmen's 7 Compensation Act." The term "discriminate" shall mean to 8 discharge or to discipline in a manner inconsistent with the 9 employer's treatment of other similarly situated employees who 10 are injured in the course of their employment or related 11 activities. 12 Section 3. Any employee losing time as provided in section 1 13 shall supply [his] the employee's employer with a statement from 14 the chief executive officer of [his] the employee's volunteer 15 fire company, ambulance service or rescue squad or its 16 affiliated organization stating that [he] the employee responded 17 to a call and the time thereof. 18 Section 4. As used in this act, "line of duty" shall mean 19 going to, coming from or during fire prevention and safety 20 activities which includes fire prevention, first aid, rescue and 21 salvage, ambulance service, fire police work, assistance at 22 accidents, control of crowds both on the fire grounds and at 23 occasions of public or general assembly, animal rescue, 24 abatement of conditions due to storm, flood or general peril, 25 abatement or removal of hazards to safety and such other 26 activities as are commonly undertaken by fire companies, 27 ambulance services or rescue squads or their affiliated 28 organizations. The term "employer" includes any individual, 29 partnership, association, corporation, business trust, or any 30 person or group of persons acting directly or indirectly in the 20050S0852B1098 - 3 -
1 interest of an employer in relation to any employee. The term 2 "discipline" shall mean the taking of any action against an 3 employee which adversely affects [his] the employee's regular 4 pay to an extent greater than permitted by section 2, [his] the 5 employee's job status or opportunity for promotion, or [his] the 6 employee's right to any benefit granted by the employer to other 7 similarly situated employees. 8 Section 5. Any employer who willfully and knowingly violates 9 the provisions of this act shall be required to revoke any 10 disciplinary action and any penalty attached thereto, or to 11 reinstate such employee to [his] the employee's former position 12 and shall be required to pay [such] the employee all lost wages 13 and benefits for the period between termination and 14 reinstatement and any reasonable attorney fees which are 15 incurred in an action to recover lost wages and benefits. Any 16 action to enforce the provisions of this act shall be commenced 17 within the period of two years within the date of violation and 18 such action shall be commenced in the court of common pleas of 19 the county in which the employer is located. 20 Section 2. This act shall take effect in 60 days. L23L43JS/20050S0852B1098 - 4 -