37-29 Volunteer Emergency Responder Job Protection
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<![CDATA[CHAPTER 37-29VOLUNTEER EMERGENCY RESPONDER JOB PROTECTION37-29-01. Definitions. As used in this chapter, unless the context otherwise requires:1."Disaster or emergency" means circumstances resulting in a volunteer emergency<br>responder acting in the capacity as a volunteer emergency responder.2."Volunteer emergency responder" means an individual in good standing as:a.A volunteer member of the North Dakota army national guard or North Dakota<br>air national guard; orb.A volunteer civilian member of the civil air patrol.37-29-02. Discrimination prohibited in hiring practices - Civil actions. An employermay not discriminate from hiring or otherwise deny employment to an individual who is a<br>volunteer emergency responder, based on the fact the individual is a volunteer emergency<br>responder.A volunteer emergency responder who is discriminated against or deniedemployment under this section may bring a civil action against the employer that violated this<br>section, seeking reasonable reparations for damages caused due to the discrimination or denial<br>of employment. A civil action under this section must be commenced within one year of the date<br>of the violation.37-29-03.Discrimination prohibited in employment practices - Limitations -Verification - Civil actions.1.An employer may not terminate or demote an employee who is a volunteer<br>emergency responder or in any other manner discriminate against that employee in<br>the terms and conditions of employment based upon the employee being absent or<br>tardy from employment due to serving as a volunteer emergency responder in<br>responding to a disaster or emergency.2.An employee who is terminated, demoted, or otherwise discriminated against in<br>violation of this section may bring a civil action against the employer that violated<br>this subsection. In the civil action, the employee may seek reinstatement to the<br>employee's former position; payment of back wages; reinstatement of fringe<br>benefits; and if seniority rights are granted, the employee may seek reinstatement of<br>seniority rights. A civil action under this section must be commenced within one<br>year of the date of the violation.3.Subsection 1 does not apply if due to serving as a volunteer emergency responder,<br>the employee is absent or tardy from the employee's place of employment for a<br>period that exceeds twenty regular working days in a calendar year.4.In order to receive the protections of subsection 1, an employee who will be absent<br>or tardy from the employee's place of employment while serving as a volunteer<br>emergency responder in the case of a disaster or emergency shall make reasonable<br>efforts to notify the employer of that service.5.An employer may request that an employee provide the employer with written<br>verification of times and dates of instances during which the employee was absent<br>or tardy from employment due to serving as a volunteer emergency responder in the<br>case of a disaster or emergency. Verification under this subsection may include a<br>statement from the department of emergency services, the adjutant general's office,<br>the North Dakota wing of the civil air patrol, or other appropriate entity.Page No. 16.This section does not limit an employer from charging against an employee's regular<br>pay the time the employee is absent or tardy from employment while serving as a<br>volunteer emergency responder to a disaster or emergency.37-29-04. Exceptions.1.Subsection 1 of section 37-29-03 is not applicable if the employer is a state agency,<br>an agency of a political subdivision, or a private entity that performs critical<br>emergency services during a disaster or emergency, and the employer's executive<br>officer determines the absence of an employee who is also a volunteer emergency<br>responder will cause undue hardship or the inability of the employer to provide<br>critical emergency services during a disaster or emergency. Under this subsection<br>the executive officer shall:a.Make all reasonable efforts to inform an employee who is a volunteer<br>emergency responder that the employment services that employee performs<br>are essential and therefore that employee's absence from the workplace will be<br>unauthorized if the employee is called to report for duty as a volunteer<br>emergency responder.b.Provide the employee notification of the determination the absence is<br>unauthorized before the employee reports for duty as a volunteer emergency<br>responder.2.Subsection 1 of section 37-29-03 is not applicable if the employer is a private entity<br>and the employer's executive officer in charge of the private entity determines the<br>employment services provided by an employee who is a volunteer emergency<br>responder are so critical the services cannot be performed by another employee and<br>the employee's absence will create the potential for irreparable harm to or<br>permanent closure of the private entity. Under this subsection the executive officer<br>shall:a.Make all reasonable efforts to inform an employee who is a volunteer<br>emergency responder that the employment services that employee performs<br>are essential and therefore that employee's absence from the workplace will be<br>unauthorized if the employee is called to report for duty as a volunteer<br>emergency responder.b.Provide the employee notification of the determination the absence is<br>unauthorized before the employee reports for duty as a volunteer emergency<br>responder.3.The governor or adjutant general may supersede the decision of the executive<br>officer which was made under subsection 1 or 2 if the governor or adjutant general<br>determines the nature of the emergency or disaster is so serious that the services<br>provided by the volunteer emergency responder are key and essential to the<br>emergency response efforts and public safety responsibilities of the adjutant<br>general's office.Page No. 2Document Outlinechapter 37-29 volunteer emergency responder job protection]]>