Pennsylvania Act 1977-83 — VOLUNTEER FIREMEN - PROHIBITING EMPLOYMENT TERMINATION FOR TIME LOST

Act text

VOLUNTEER FIREMEN - PROHIBITING EMPLOYMENT TERMINATION FOR TIME LOST
                  Act of Dec. 1, 1977, P.L. 249, No. 83               Cl. 43
                                  AN ACT

     Prohibiting employers from firing employees who lose time from
        employment in the line of duty as volunteer firemen, fire
        police and volunteer members of ambulance services and rescue
        squads; and providing penalties. (Title amended Dec. 5, 1988,
        P.L.1102, No.131)

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  No employer shall terminate or discipline an
     employee who is a volunteer fireman, fire police or volunteer
     member of an ambulance service or rescue squad and in the line
     of duty has responded to a call prior to the time he was due to
     report for work resulting in a loss of time from his employment.
        (1 amended Dec. 5, 1988, P.L.1102, No.131)
        Section 1.1.  No employer shall discriminate against any
     employee because such employee has been injured in the line of
     duty as a volunteer fireman, fire police or volunteer member of
     an ambulance service or rescue squad, nor shall any employer
     discriminate against any employee injured in the line of duty as
     a volunteer fireman, fire police or volunteer member of an
     ambulance service or rescue squad who subsequently returns to
     work after receiving workers' compensation benefits pursuant to
     the act of June 2, 1915 (P.L.736, No.338), known as "The
     Pennsylvania Workmen's Compensation Act." The term
     "discriminate" shall mean to discharge or to discipline in a
     manner inconsistent with the employer's treatment of other
     similarly situated employees who are injured in the course of
     their employment or related activities.
        (1.1 added Dec. 5, 1988, P.L.1102, No.131)
        Section 2.  Any time lost from employment as provided in
     section 1 may be charged to the employee's regular pay.
        Section 3.  Any employee losing time as provided in section 1
     shall supply his employer with a statement from the chief
     executive officer of his volunteer fire company, ambulance
     service or rescue squad or its affiliated organization stating
     that he responded to a call and the time thereof.
        (3 amended Dec. 5, 1988, P.L.1102, No.131)
        Section 4.  As used in this act, "line of duty" shall mean
     going to, coming from or during fire prevention and safety
     activities which includes fire prevention, first aid, rescue and
     salvage, ambulance service, fire police work, assistance at
     accidents, control of crowds both on the fire grounds and at
     occasions of public or general assembly, animal rescue,
     abatement of conditions due to storm, flood or general peril,
     abatement or removal of hazards to safety and such other
     activities as are commonly undertaken by fire companies,
     ambulance services or rescue squads or their affiliated
     organizations. 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. The term
     "discipline" shall mean the taking of any action against an
     employee which adversely affects his regular pay to an extent
     greater than permitted by section 2, his job status or
     opportunity for promotion, or his right to any benefit granted
     by the employer to other similarly situated employees.
        (4 amended Dec. 5, 1988, P.L.1102, No.131)
        Section 5.  Any employer who willfully and knowingly violates
     the provisions of this act shall be required to revoke any
     disciplinary action and any penalty attached thereto, or to
     reinstate such employee to his former position and shall be
     required to pay such employee all lost wages and benefits for
     the period between termination and reinstatement and any
     reasonable attorney fees which are incurred in an action to
     recover lost wages and benefits. Any action to enforce the
     provisions of this act shall be commenced within the period of
     two years within the date of violation and such action shall be
     commenced in the court of common pleas of the county in which
     the employer is located.
        (5 amended Dec. 5, 1988, P.L.1102, No.131)
        Section 6.  This act shall take effect immediately.