3.__Notification; verification.__If time permits, when an employee is responding as a volunteer firefighter to an emergency, the employee, the employee's designee or the fire department supervisor shall notify the employer that the employee will not report to work at the appointed time.__At the request of an employer, an employee losing work time as provided in subsection 2 shall provide the employer with a statement from the chief of the volunteer fire department stating that the employee was responding to an emergency call and the time of release from the call.

4.__Enforcement; penalty for violation.__If an employer has violated subsection 2, the employee may bring an action in Superior Court in the county in which the employee resides or in the county in which the employer's place of business is located.__ The action must be brought within one year of the date of the alleged violation.__If the court finds that the employer violated subsection 2, and if the employee so requests, the court shall order the employer to reinstate the employee in the employee's former position without reduction of pay, seniority or other benefits. The court also shall order any other appropriate remedy necessary to return the employee to the position the employee would have been in had the employer not violated subsection 2, including payment of back pay and reinstatement of any other benefits lost during the period in which the discharge or disciplinary action was in effect.

5.__Impact on individual agreements.__This section does not apply if the employer and the employee have entered into a written agreement, signed by the employer and the employee, that governs procedures to be followed when the employee is called to respond to an emergency as a volunteer firefighter.__This subsection applies only if:

A.__The local official in charge of calling out firefighters has a written policy that: