What Does the Law Say About Time Off for Volunteers?
David Dieteman is Labor & Employment Counsel for the Manufacturers’ Association. He assists member companies with their legal needs, including hotline calls, contract drafting and negotiation, employee handbook review and drafting, and selective litigation.
Is an employer required to allow time off for employees who are volunteer firemen to fight fires? In Pennsylvania, the answer is “Yes.”
Pennsylvania’s Volunteer Firemen Job Protection Act provides that: “No employer shall terminate or discipline an employee who is a volunteer fireman, fire police, or volunteer member of an ambulance service or rescue squad and in the line of duty has responded to a call prior to the time he was due to report for work resulting in a loss of time from his employment.”
The law, however, does not require such volunteers to be paid for the time when they are not at work. The law also deals only with volunteer work prior to the time the employee was due to work.
The Act requires a volunteer fireman to provide his employer: “with a statement from the chief executive officer of his volunteer fire company, ambulance service, or rescue squad or its affiliated organization stating that he responded to a call and the time thereof.” Finally, the Act provides stiff penalties for violations, including reinstatement and payment of the employee’s attorneys’ fees.
Many employers have adopted written employee handbooks to communicate information on such time off requirements to their employees. Handbooks, however, may be seen as creating binding obligations, and therefore should be carefully prepared with the help of legal counsel. Of course, employers should also train their employees about company policies. A handbook full of good policies doesn’t do any good if it isn’t acted upon.
Although volunteer rescue personnel are permitted time off to perform much-needed volunteer duties, fairness and the law dictate that they keep open the lines of communication with their employer. Good business practice dictates that employers consider adopting written employee handbooks to facilitate such communication.
For more information, contact John Onorato at 814/833-3200, 800/815-2660 or Dave Dieteman.