2009 Kentucky Revised Statutes CHAPTER 337 WAGES AND HOURS 337.100 Volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or emergency management agency member absent from employment due to emergency or injury incurred in the line of duty.
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337.100 Volunteer firefighter, rescue squad member, emergency medical
technician, peace officer, or emergency management agency member absent <br>from employment due to emergency or injury incurred in the line of duty.
(1) No employer shall terminate an employee who is a volunteer firefighter, rescue
squad member, emergency medical technician, peace officer, or a member of an <br>emergency management agency because that employee, when acting as a volunteer <br>firefighter, rescue squad member, emergency medical technician, peace officer, or a <br>member of an emergency management agency, is absent or late to the employee's <br>employment in order to respond to an emergency prior to the time the employee is <br>to report to his or her place of employment.
(2) An employer may charge any time that an employee who is a volunteer firefighter,
rescue squad member, emergency medical technician, peace officer, or a member of <br>an emergency management agency loses from employment because of the <br>employee's response to an emergency against the employee's regular pay.
(3) An employer may request an employee who loses time from the employee's
employment to respond to an emergency to provide the employer with a written <br>statement from the supervisor or acting supervisor of the volunteer fire department, <br>rescue squad, emergency medical services agency, law enforcement agency, or the <br>director of the emergency management agency stating that the employee responded <br>to an emergency and listing the time and date of the emergency.
(4) No employer shall terminate an employee who is a volunteer firefighter, rescue
squad member, emergency medical technician, peace officer, or member of an <br>emergency management agency who is absent for a period of no more than twelve <br>(12) months from the employee's employment because of injuries incurred in the <br>line of duty. The volunteer firefighter, rescue squad member, emergency medical <br>technician, peace officer, or member of an emergency management agency shall <br>provide, at the request of his or her employer: <br>(a) A written statement from the supervisor, acting supervisor, or director of the
volunteer fire department, rescue squad, emergency medical services agency, <br>law enforcement agency, or emergency management agency under whose <br>command the employee was on active duty and on assignment with that fire <br>department, rescue squad, emergency medical services agency, law <br>enforcement agency, or emergency management agency when the injury <br>occurred; and
(b) A written statement from at least one (1) licensed and practicing physician
stating that the volunteer firefighter, rescue squad member, emergency <br>medical technician, peace officer, or member of an emergency management <br>agency is injured and a date for the employee's return to work.
(5) Any employee that is terminated in violation of the provisions of this section may
bring a civil action against his or her employer. The employee may seek <br>reinstatement to the employee's former position, payment of back wages, <br>reinstatement of fringe benefits, and where seniority rights are granted, the <br>reinstatement of seniority rights. In order to recover, the employee shall file this <br>action within one (1) year of the date of the violation of this section.
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Effective: July 12, 2006 <br>History: Amended 2006 Ky. Acts ch. 30, sec. 1, effective July 12, 2006. -- Amended
2002 Ky. Acts ch. 17, sec. 1, effective July 15, 2002. -- Created 2001 Ky. Acts <br>ch. 162, sec. 1, effective June 21, 2001.
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