What New York’s excused-leave law for first responders will mean

When Gov. Andrew Cuomo declared a state of emergency following the massive lake-effect snowfall that dumped about 7 feet of snow in areas just south of Buffalo in November, several Central New York departments dispatched firefighters and first responders to help in the recovery.

 

To aid in the response, the volunteer firefighters and emergency-medical technicians (EMTs) involved in the mutual-aid deployments require time away from their full-time day jobs.

 

The New York State Legislature in September approved the state’s Volunteer Firefighter/EMT Excused Leave Law, which adds a new section to the state’s labor law. The legislation protects the full-time employment of volunteer first responders. 

 

The momentum to update the legislation had been “picking up steam” in the last few years with the major storms that hit the New York City area, says Graig Zappia, partner in the labor and employment law practice group at Albany–based Tully Rinckey PLLC.

 

Tully Rinckey also operates an office at 500 Plum St. in Syracuse. Zappia spoke with CNYBJ on Dec. 31.

 

Hurricane Irene made landfall on Coney Island in late August 2011 and the remnants of Tropical Storm Lee drenched areas of the Southern Tier just over a week later. Hurricane Sandy made landfall near Atlantic City, N.J. in late October 2012. 

 

The new law adds a section to the state’s labor law, according to the text of the bill posted on the website of the New York State Assembly.

 

“There was a gap that didn’t cover volunteer firefighters or first responders,” he adds.

 

The legislation doesn’t define a specific length of time, so as long as the affected employee notifies his or her company about their role as a first responder, they’re considered part of the qualified professionals the law protects, says Zappia.

 

“If you notified your employer that you’re a volunteer [firefighter] and [you’d] been called out to respond to that snow storm in [the] Buffalo [area], as long as there’s been a state emergency declared by the governor, your job would be protected,” he says. 

 

The law protects volunteer firefighters and EMTs from job termination or any other “retaliatory action” in response to their involvement in a recovery situation.

Upon returning to the job following a recovery deployment, what if an employee starts noticing different treatment, such as a change in hours, a limit on overtime, or even termination?

 

Zappia calls that situation an “adverse employment action,” and says the employee does have recourse.

 

“Under that specific section of the labor law, they would have a right to file a complaint with the [New York State] Department of Labor or under that legislation, you can file directly with the state Supreme Court for that type of retaliation,” he says.

 

Even a small adverse-employment action against an employee can “wreak havoc on your operation,” says Zappia.

 

But he also emphasizes the employee has to be up front with the employer. 

 

“You certainly have to have substantial proof that you were called out, that you are a member of that volunteer corp … and that proof, if requested by the employer should be provided,” he adds.