Sec. 1. 26 MRSA c. 7, sub-c. IV-C is enacted to read:

SUBCHAPTER IV-C

LEAVE FOR VOLUNTEER FIRE FIGHTING

§809.__Absence for volunteer fire fighting

1.__Absence with leave.__Any active member of a volunteer fire association as defined in Title 30-A, section 3151, subsection 3 who, in response to fire or other emergency, is absent from a position other than a temporary position in the employ of any employer may not be fired or laid off by the employer due to that absence from work.__The period of absence must be construed as an absence with leave and, within the discretion of the employer, the leave may be with or without pay.

2.__Confirmation.__If the employer so requests, the employee shall obtain a confirmation from the fire chief or other responsible individual of the time and duration of the call to fire-fighting duty.

3.__Remedies.__If the employer fails to comply with this section, the employee may bring a civil action for damages for the noncompliance or apply to the courts for such equitable relief as may be proper under the circumstances.

SUMMARY

This bill prohibits an employer from firing or laying off an employee who is absent from work to perform volunteer fire- fighting duties. Under the bill, the employer may require confirmation from the fire chief of the time and duration of the call to fire-fighting duty.