2011 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.
KY Rev Stat § 337.100 (1996 through Reg Sess) What's This?
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.
(1)
(2)
(3)
(4)
(5)
No employer shall terminate an employee who is a volunteer firefighter, rescue
squad member, emergency medical technician, peace officer, or a member of an
emergency management agency because that employee, when acting as a volunteer
firefighter, rescue squad member, emergency medical technician, peace officer, or a
member of an emergency management agency, is absent or late to the employee's
employment in order to respond to an emergency prior to the time the employee is
to report to his or her place of employment.
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
an emergency management agency loses from employment because of the
employee's response to an emergency against the employee's regular pay.
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
statement from the supervisor or acting supervisor of the volunteer fire department,
rescue squad, emergency medical services agency, law enforcement agency, or the
director of the emergency management agency stating that the employee responded
to an emergency and listing the time and date of the emergency.
No employer shall terminate an employee who is a volunteer firefighter, rescue
squad member, emergency medical technician, peace officer, or member of an
emergency management agency who is absent for a period of no more than twelve
(12) months from the employee's employment because of injuries incurred in the
line of duty. The volunteer firefighter, rescue squad member, emergency medical
technician, peace officer, or member of an emergency management agency shall
provide, at the request of his or her employer:
(a) A written statement from the supervisor, acting supervisor, or director of the
volunteer fire department, rescue squad, emergency medical services agency,
law enforcement agency, or emergency management agency under whose
command the employee was on active duty and on assignment with that fire
department, rescue squad, emergency medical services agency, law
enforcement agency, or emergency management agency when the injury
occurred; and
(b) A written statement from at least one (1) licensed and practicing physician
stating that the volunteer firefighter, rescue squad member, emergency
medical technician, peace officer, or member of an emergency management
agency is injured and a date for the employee's return to work.
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
reinstatement to the employee's former position, payment of back wages,
reinstatement of fringe benefits, and where seniority rights are granted, the
reinstatement of seniority rights. In order to recover, the employee shall file this
action within one (1) year of the date of the violation of this section.
Effective: July 12, 2006
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
ch. 162, sec. 1, effective June 21, 2001.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
