This document includes House Floor Amendments incorporated into the bill on Thu, Feb 14, 2019 at 3:01 PM by pflowers.




Chief Sponsor: Casey Snider

Senate Sponsor: Evan J. Vickers


9     General Description:
10          This bill creates the Emergency Services Volunteer Employment Protection Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     prohibits an employer from terminating an employee for being an emergency
15     services volunteer;
16          ▸     permits an employer to request written verification that an employee missed work to
17     respond to an emergency as an emergency services volunteer; and
18          ▸     creates a civil cause of action for violation of the Emergency Services Volunteer
19     Employment Protection Act.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     ENACTS:
26          34-54-101, Utah Code Annotated 1953
27          34-54-102, Utah Code Annotated 1953

28          34-54-201, Utah Code Annotated 1953
29          34-54-202, Utah Code Annotated 1953

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 34-54-101 is enacted to read:


Part 1. General Provisions

36          34-54-101. Title.
37          This chapter is known as "Emergency Services Volunteer Employment Protection Act."
38          Section 2. Section 34-54-102 is enacted to read:
39          34-54-102. Definitions.
40          (1) "Emergency" means a condition in any part of this state that requires state
41     government emergency assistance to supplement the local efforts of the affected political
42     subdivision to save lives and to protect property, public health, welfare, or safety in the event
43     of a disaster, or to avoid or reduce the threat of a disaster.
44          (2) "Emergency services volunteer" means:
45          (a) a volunteer firefighter as defined in Section 49-16-102;
46          (b) an individual licensed under Section 26-8a-302; or
47          (c) an individual mobilized as part of a posse comitatus.
48          (3) "Employer" means a person, including the state or a political subdivision of the
49     state, that has one or more workers employed in the same business, or in or about the same
50     establishment, under any contract of hire, express or implied, oral or written.
50a     Ĥ→ (4) "Public safety agency" means a governmental entity that provides fire protection, law
50b     enforcement, ambulance, medical, or other emergency services. ←Ĥ
51          Section 3. Section 34-54-201 is enacted to read:
Part 2. Employment Protection for Emergency Services Volunteers

53          34-54-201. Prohibition on termination -- Loss of compensation -- Permitted
54     request for statement.
55          (1) (a) An employer may not terminate the employment of an employee solely for
56     being an emergency services volunteer.
57          (b) An employer may not terminate the employment of an employee who is an
58     emergency services volunteer for being absent from or late to work, if at the time the employee

59     is absent from or late to work the employee is responding to an emergency as an emergency
60     services volunteer.
61          (2) An employer may reduce the regular pay of an employee who is an emergency
62     services volunteer for time the employee misses work because the employee is responding to
63     an emergency as an emergency services volunteer.
64          (3) An employer may request that an employee who is an emergency services volunteer
65     and misses time from work to respond to an emergency provide the employer with a written
66     statement that:
67          (a) is from the supervisor or acting supervisor of the employee when the employee is in
68     the course of performing duties as an emergency services volunteer;
69          (b) states that the employee responded to an emergency; and
70          (c) states the time and date of the employee's service as an emergency services
71     volunteer.
72          (4) Ĥ→ [
If] (a) Except as provided in Subsection (4)(b), if ←Ĥ an employee who is an
72a     emergency services volunteer responds to an emergency
73     as an emergency services volunteer, the employee shall make a reasonable effort to notify the
74     employee's employer of any absence from or tardiness to work because of that response.
Ĥ→ (b) If an employee is an emergency services volunteer and is a full-time employee of a
74b     public safety agency, the employee shall, before responding to an emergency, obtain permission
74c     from the employee's public safety agency employer to respond to the emergency. ←Ĥ

75          Section 4. Section 34-54-202 is enacted to read:
76          34-54-202. Civil action for violation of chapter.
77          (1) If an employer terminates an employee in violation of this chapter, the employee
78     may bring a civil action against the employer within one year after the day on which the
79     employer terminates the employee.
80          (2) In a civil action described in Subsection (1), the court may order the employer to:
81          (a) reinstate the employee in the employee's former position, including any fringe
82     benefits or seniority rights; or
83          (b) pay the employee back wages.