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Emergency Responders Bill - Legislative Hall
May 28, 2012
Delaware House of Representatives
House Majority Caucus
For Immediate Release: Contact: Drew Volturo
May 24, 2012 Work: (302) 744-4001 Cell: (302) 593-5969
BILL WOULD PREVENT EMPLOYERS FROM FIRING EMERGENCY RESPONDERS FOR MISSING WORK
Volunteer Emergency Responders Job Protection Act allows firefighters, emergency
volunteers to respond to emergencies without fear of being disciplined
DOVER – Firefighters and other volunteer emergency responders who are called to serve during a state or national emergency or are injured while volunteering would be protected from their employer taking disciplinary action against them under legislation unveiled Thursday.
Sponsored by Rep. Debra Heffernan, the Volunteer Emergency Responders Job Protection Act would prohibit an employer from terminating or taking any other disciplinary action against an employee who is a volunteer emergency responder if they are called to serve during a governor-declared state of emergency or president-declared national emergency and are absent from work. The bill would cover the volunteer responders for one week for a state of emergency and up to two weeks for a national emergency.
“We’re extremely fortunate to have friends and neighbors who volunteer as emergency responders in our state. They put their personal lives on hold and often put themselves at risk to protect us,” said Rep. Heffernan, D-Brandywine Hundred South. “Many of these volunteers have full-time jobs in addition to being a firefighter or EMT. If they have to leave to respond to an emergency or are injured while on a call, they are forced to miss work. This bill will protect those emergency responders from being disciplined or fired for volunteering to keep us safe.”
House Bill 355 also would prevent an employer from firing or taking disciplinary action against an employee who misses work due to injury sustained when acting as a volunteer emergency responder. If an employer terminates or disciplines a worker who is an emergency responder, the worker could bring a suit and be reinstated.
Also under the measure, an employer could require a worker who misses work due to injury sustained while responding to an emergency to provide proof of the emergency response or injury.
Rep. Heffernan worked with the Delaware Volunteer Firefighter’s Association and her local fire company, Brandywine Hundred Fire Co., in crafting the legislation.
Christiana Fire Co. Deputy Fire Chief Richard J. Perillo said the genesis of the legislation is when a Christiana Firefighter who was fired by a private employer after the firefighter sustained burns to his hands while fighting a house fire last year. The firefighter, Mr. Perillo said, was unable to return to work for a few days while being treated for his burns, and the employer terminated him. The Chief and Administrative Officers along with the Active Members of Christiana Fire Company urged the DVFA in several letters; To request and support Legislation that protects the well being of all Volunteers and ensures such actions are taken no longer.
"The performance of Fire Fighting and Emergency Medical Services in the State of Delaware comes at great personal risks to those involved. Greater risks are imposed to those that perform these duties in the Volunteer capacity. These heros save lives, improve the quality of life and educate the citizens and visitors within this great State, only to return to their places of full time employment. In the minds of all these Saviors is the ability to continue to serve and provide for a healthy and satisfiying personal life. Such legislation will ensure the personal security and longevity within volunteerism for the Delaware Fire Service; and these dedicated Emergency Responders can now rest asured that while they are providing for others, Legislation is providing for them." Said Deputy Fire Chief Richard J. Perillo
HB 355 will be formally filed when the House reconvenes on June 5 and available for review shortly after.
Please contact your local Representative and urge them to support HB 355.
Thank you for your continued support
Christiana Fire Company