A bill recently introduced in the Senate would prevent employers from firing or otherwise disciplining volunteer firefighters and other emergency medical personnel for missing work while responding to emergencies or other major disasters. The Volunteer Firefighter and EMS Personnel Job Protection Act (S. 1025), introduced by Sen. Thomas Carper (D-Del.), would apply to volunteer workers who are specifically deployed to respond to an emergency situation. Employees must, however, provide employers with written verification—within a reasonable period of time—that the absence was due to a legitimate emergency, and that the employee responded in an official capacity.

The protections offered by this bill would not extend to emergency duty-related absences exceeding 14 days in a given year. Additionally, the protections would not apply if the employee responds to an emergency or major disaster without being officially requested to do so, and if he or she fails to provide the requisite verification of the emergency. Additionally, the terms of this bill would permit an employer to reduce an employee’s regular pay for the time the employee is absent due to the emergency situation. The bill provides employees with a private right of action in civil court against an employer for violations of this Act. The bill would also direct the Secretary of Labor to conduct a study on the impact that this legislation would have on employers of volunteer firefighters and emergency workers.

This bill has been referred to the Senate Committee on Health, Employment, Labor and Pensions.