[KYHAM] House Bill 334 Passed and signed by Governor
Pat Spencer, KD4PWL
[email protected]
Sat, 09 Mar 2002 15:12:47 -0500
Last legislative session, there a bill was enacted to provide protection to
volunteer firefighters who are absent from work to respond to an
emergency. This protection has been extended to emergency management
workers who are responding to an emergency situation. This impacts those
amateur radio operators who assist their emergency management agencies, and
can establish proof of their involvement through documentation outlined in
section (3). Here is the text of the entire act.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 337.100 is amended to read as follows:
(1) No employer shall terminate an employee who is a volunteer firefighter,
rescue squad member, emergency medical technician, peace officer, or a
member of an emergency management agency because that employee, when acting
as a volunteer firefighter, rescue squad member, emergency medical
technician, peace officer, or a member of an emergency management agency,
is absent or late to the employee's employment in order to respond to an
emergency prior to the time the employee is to report to his or her place
of employment.
(2) An employer may charge any time that an employee who is a volunteer
firefighter, rescue squad member, emergency medical technician, peace
officer, or a member of an emergency management agency loses from
employment because of the employee's response to an emergency against the
employee's regular pay.
(3) An employer may request an employee who loses time from the employee's
employment to respond to an emergency to provide the employer with a
written statement from the supervisor or acting supervisor[chief] of the
volunteer fire department, rescue squad, emergency medical services agency,
law enforcement agency, or the director of the emergency management agency
stating that the
employee responded to an emergency and listing the time and date of the
emergency.
(4) Any employee that is terminated in violation of the provisions of this
section may bring a civil action against his or her employer. The employee
may seek reinstatement to the employee's former position, payment of back
wages, reinstatement of fringe benefits, and where seniority rights are
granted, the reinstatement of seniority rights. In order to recover, the
employee shall file this action within one (1) year of the date of the
violation of this section.
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When this is formally placed into the KRS, it will be posted on the KY
Amateur Radio Resource Library for downloading.
73, Take care,
Pat, KD4PWL
KY Asst. Section Manager