HP0660, LD 886, item 1, An Act To Protect Volunteer Search and Rescuers Certified by the Maine Association for Search and Rescue from Adverse Employment Actions

An Act To Protect Volunteer Search and Rescuers Certified by the Maine Association for Search and Rescue from Adverse Employment Actions

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 26 MRSA c. 7, sub-c. 4-D is enacted to read:

SUBCHAPTER 4-D

VOLUNTEER SEARCH AND RESCUER; ABSENCE FROM WORK

§ 810. Absence for emergency response

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

A. "Employer" has the same meaning as in section 809, subsection 1, paragraph A.

B. "Volunteer search and rescuer" means a person who is certified in search and rescue practices and procedures by a nonprofit search and rescue training organization recognized by the Department of Inland Fisheries and Wildlife, Bureau of Warden Service.

2. Prohibition against discharge or disciplinary action. An employer may not discharge or take any other disciplinary action against an employee who is a volunteer search and rescuer because of the employee's failure to report for work at the beginning of the employee's regular working hours if the employee failed to do so because the employee was responding to a search and rescue operation requested by a law enforcement agency in the employee's capacity as a volunteer search and rescuer and the employee reported for work as soon as reasonably possible after being released from the search and rescue operation. An employer may charge the lost time against the employee's regular pay or against the employee's available leave time. This subsection does not apply to the absence of an employee if the employee has been designated as essential by the employer pursuant to subsection 6.

3. Notification; verification. If time permits, when an employee is responding as a volunteer search and rescuer to a search and rescue operation, the employee, the employee's designee or the search and rescue operation 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 official in charge of the recognized nonprofit search and rescue training organization, the official's designee or a law enforcement official responsible for the search and rescue operation stating that the employee was responding to a search and rescue operation and the time of release from the operation.

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 a search and rescue operation as a volunteer search and rescuer. This subsection applies only if:

A. The recognized nonprofit search and rescue training organization in charge of calling out volunteer search and rescuers has a written policy that:

(1) Specifies the circumstances under which volunteer search and rescuers will be ordered to remain at a search and rescue operation; and

(2) Affirms that volunteer search and rescuers will be released as soon as practicable; and

B. The employee presents a copy of the policy described in paragraph A to the employer upon notifying the employer of the employee's status as a volunteer search and rescuer.

6. Designation as essential. Upon receiving notice of an employee's volunteer search and rescuer status, an employer may designate the employee essential to the employer's operations when the absence of the employee would cause disruption of the employer's business.

summary

This bill provides the same protections to volunteer search and rescuers for absences from work in responding to search and rescue operations requested by a law enforcement agency as volunteer firefighters receive for absences from work in responding to emergencies. Under this bill, a volunteer search and rescuer is a person who has been certified in search and rescue practices and procedures by a nonprofit search and rescue training organization recognized by the Department of Inland Fisheries and Wildlife, Bureau of Warden Service.

HP0660 LD 886	Session - 129th Maine Legislature		LR 305 Item 1
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