2014 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.
Download as PDF
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.