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2022 Guam Statutes
Title 4 - Public Officers & Employees
Chapter 16 - Disaster Service Volunteer Leave Act

Universal Citation: 4 Guam Code §§ 16101 - 16106 (2022)
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4 GCA PUBLIC OFFICERS & EMPLOYEES CH. 16 DISASTER SERVICE VOLUNTEER LEAVE ACT CHAPTER 16 DISASTER SERVICE VOLUNTEER LEAVE ACT SOURCE: Entire chapter added by P.L. 27-59:1 (12/19/2003), amended by P.L. 31-185:2 (Feb. 27, 2012). § 16101. § 16102. § 16103. § 16104. § 16105. § 16106. Legislative Intent. Nomenclature of Act. Definitions. Disaster Service Volunteer Leave. Certification as a Certified Disaster Service Volunteer. Private Sector Employees. § 16101. Legislative Intent. I Liheslaturan Guåhan [the Guam Legislature] finds and recognizes that the American Red Cross and other non-governmental organizations (NGOs), as well as faith-based member organizations, have a long tradition of humanitarian service. Guam has been assisted by the American Red Cross during times of disasters in addition to humanitarian assistance involving finding or locating relatives, along with blood drives. Our island has also been the recipient of assistance provided by various NGOs and faith-based member organizations, whether during a declared disaster or in response to a humanitarian need. In response to an increasing number of disasters in recent years, and in response to their rising costs, several states have enacted legislation authorizing paid leave for government employees who volunteer for American Red Cross disaster operations. Often, government employees possess skills that can be transferred to disaster operations, including shelter management, mass feeding, damage assessment and family services. This Act allows government employees a maximum of fifteen (15) days paid leave during a twelve (12)-month period, without loss of seniority, vacation time, sick leave, or earned overtime accumulation. I Liheslaturan Guåhan [the Legislature] further finds that it is essential that the government of Guam allows for its employees to request for disaster leave during periods of disasters and humanitarian need assisting the American Red Cross, other NGOs and faith-based member organizations. § 16102. Nomenclature of Act. This Chapter may be cited as the Disaster Service Volunteer Leave Act. 1 COL03142012 4 GCA PUBLIC OFFICERS & EMPLOYEES CH. 16 DISASTER SERVICE VOLUNTEER LEAVE ACT § 16103. Definitions. As used in this Chapter, unless the context indicates a different intent: (a) Department or agency means any office, officer, official, department, board, commission, institution, bureau, agency, division or unit of the government of Guam, including those within the legislative and judicial branches of the government of Guam. (b) Disaster means a local disaster designated at level 1 or higher in the American National Red Cross Regulations and Procedures, or a national disaster at level III or higher in the American National Red Cross Regulations. (c) Certified disaster service volunteer or volunteer means any person who has completed the necessary training for and has been certified as a disaster service specialist by the American Red Cross, the Guam Office of Homeland Security or Office of Civil Defense. (d) Registered Organization means a non-governmental organization, or a faith-based organization, that has been recognized by the Guam Office of Homeland Security or Office of Civil Defense as possessing the abilities to provide certain forms of assistance following a declared disaster, or in response to an immediate humanitarian need. § 16104. Disaster Service Volunteer Leave. (a) An employee of an agency who is a certified disaster service volunteer may be granted leave from work with pay, in accordance with Subsection (b) infra, for up to an aggregate of fifteen (15) days, consecutively or non-consecutively, in any twelve (12)-month period to participate in specialized disaster relief services for the American Red Cross, or an NGO or faith-based member organization registered with the Guam Office of Homeland Security or Office of Civil Defense in connection with any disaster, upon the request of the American Red Cross or any registered organization for such employee's services and upon the approval of such employee's employing agency. (b) An employee of an agency granted leave pursuant to Subsection (a) of this Section shall be compensated by the employee's employing agency at the employee's regular rate of pay for those regular work hours during which the employee is absent from work, but shall not receive overtime pay, shift differential pay, hazardous duty pay or any other form of pay or 2 COL03142012 4 GCA PUBLIC OFFICERS & EMPLOYEES CH. 16 DISASTER SERVICE VOLUNTEER LEAVE ACT compensation in addition to the employee's regular pay. An employee of an agency who is granted leave pursuant to Subsection (a) of this Section shall not lose any seniority or any already accumulated vacation time, sick time or earned overtime due to such leave. (c) The government of Guam shall not be liable for workers compensation claims arising from accident or injury while an employee is on assignment as a certified disaster service volunteer for the American Red Cross, or a registered organization. Duties performed while on disaster leave shall not be considered to be a work assignment by any department or agency. In determining whether to grant leave to an employee, the employee’s employing agency may consider the needs of the American Red Cross, or the requesting registered organization, for expertise in a particular certified area. The employee's activities and job functions while on leave, however, shall not be directed by the government of Guam, but shall be determined and controlled solely by the American Red Cross, or the registered organization. (d) An employee who is on leave pursuant to this Section shall not be deemed to be an employee of the government of Guam for purposes of the Government Claims Act of Chapter 6, of Title 5 of the Guam Code Annotated. § 16105. Certification as a Certified Disaster Service Volunteer. No employee shall be paid during regular work hours in the completion of any training towards a certification as a disaster service volunteer, unless such employee uses personal or annual leave. § 16106. Private Sector Employees. (a) An employee of any private sector business who is a certified disaster service volunteer may be granted leave from work with pay, in accordance with Subsection (b) infra, for up to an aggregate of fifteen (15) days, consecutively or non-consecutively, in any twelve (12)-month period to participate in specialized disaster relief services for the American Red Cross, or an NGO or faith-based member organization registered with the Guam Office of Homeland Security or Office of Civil Defense in connection with any disaster, upon the request of the American Red Cross, or the registered organization, for such employee's services and upon the approval of such employee's employing company. 3 COL03142012 4 GCA PUBLIC OFFICERS & EMPLOYEES CH. 16 DISASTER SERVICE VOLUNTEER LEAVE ACT (b) An employee of any private sector business granted leave pursuant to Subsection (a) of this Section shall be compensated by the employee's employing company at the employee's regular rate of pay for those regular work hours during which the employee is absent from work, but shall not receive overtime pay, shift differential pay, hazardous duty pay or any other form of pay or compensation in addition to the employee's regular pay. An employee of any private sector business who is granted leave pursuant to Subsection (a) of this Section shall not lose any seniority or any already accumulated vacation time, sick time or earned overtime due to such leave. (c) The employing company shall not be liable for workers compensation claims arising from accident or injury while an employee is on assignment as a certified disaster service volunteer for the American Red Cross, or a registered organization. Duties performed while on disaster leave shall not be considered to be a work assignment by its employing company. In determining whether to grant leave to an employee, the employee's employing company may consider the needs of the American Red Cross, or the requesting registered organization, for expertise in a particular certified area. The employee's activities and job functions while on leave, however, shall not be directed by its employing company, but shall be determined and controlled solely by the American Red Cross, or the registered organization. ---------- 4 COL03142012
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