Sec. 7-322c. Employers prohibited from discharging or discriminating against employees who are volunteer firefighters or members of volunteer ambulance services due to volunteer service. Remedies.
Sec. 7-322c. Employers prohibited from discharging or discriminating
against employees who are volunteer firefighters or members of volunteer ambulance services due to volunteer service. Remedies. (a) No employer shall discharge,
or cause to be discharged, or in any manner discriminate against any employee who is
an active volunteer firefighter or member of a volunteer ambulance service or company
because such employee is late arriving to work or absent from work as a result of responding to a fire or ambulance call prior to or during the employee's regular hours of
employment.
(b) Each employee covered by this section shall:
(1) Not later than thirty days after July 9, 2003, or the date on which the employee
is certified as a volunteer firefighter or member of a volunteer ambulance service or
company, whichever is later, submit to the employer a written statement signed by the
chief of the volunteer fire department or the medical director or chief administrator of
the ambulance service or company, as the case may be, notifying the employer of the
employee's status as a volunteer firefighter or member of a volunteer ambulance service
or company;
(2) Make every effort to notify the employer that the employee may report to work
late or be absent from work in order to respond to an emergency fire or ambulance call
prior to or during the employee's regular hours of employment;
(3) If unable to provide prior notification to the employer of a late arrival to work
or an absence from work in order to respond to an emergency fire or ambulance call,
submit to the employer a written statement signed by the chief of the volunteer fire
department or the medical director or chief administrator of the volunteer ambulance
service or company, explaining why the employee was unable to provide such prior
notification;
(4) At the employer's request, submit a written statement from the chief of the
volunteer fire department or the medical director or chief administrator of the volunteer
ambulance service or company verifying that such employee responded to a fire or
ambulance call and specifying the date, time and duration of such response;
(5) Promptly notify the employer of any change to the employee's status as a volunteer firefighter or member of a volunteer ambulance service or company, including, but
not limited to, the termination of such status.
(c) An employee who is discharged or discriminated against in violation of this
section may, not later than one year after the date of the violation, bring an action in the
superior court for the judicial district where the violation is alleged to have occurred or
where the employer has its principal office, for the reinstatement of the employee's
previous job, payment of back wages and reestablishment of employee benefits to which
the employee would have otherwise been entitled if such violation had not occurred.
The court may award the prevailing party costs, together with reasonable attorney's fees
to be taxed by the court.
(d) For purposes of this section, "employer" means a person engaged in business
who has employees, including the state and any of its political subdivisions.
(P.A. 03-259, S. 53.)
History: P.A. 03-259 effective July 9, 2003.