NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9350C
SPONSOR: Lupardo TITLE OF BILL:
An act to amend the labor law, in relation to permitted leaves of
absence for members of civil air patrol
PURPOSE OR GENERAL IDEA OF BILL:
To provide an authorized leave of absence from a place of employment for
members of the United States Air Force Auxiliary Civil Air Patrol or the
United States Coast Guard Auxiliary Pilots who respond to a declared
state of emergency or during an assigned mission.
SUMMARY OF PROVISIONS:
Section 1: Amends section 202-L of the labor law to permit members of
the United States Air Force Auxiliary Civil Air Patrol or the United
States Coast Guard Auxiliary Pilots to request and be granted a leave of
absence if that person is responding to a declared state of emergency
upon written request from a unit commander or is participating in an
assigned mission.
This section also allows for a waiver if the employee's absence would
impose an undue hardship on the employer's business, and states that an
employer must have previously been provided written documentation
regarding the employee's volunteer membership. It also states that the
individual must be performing services related to the declared emergen-
cy, and that the employer may request a notarized statement from the
employee's unit commander affirming the period of time the employee
responded to an emergency. This section further states that the leave is
unpaid, or may be charged against any other leave the employee is enti-
tled.
Section 2: Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Amendments made technical changes that ensure both United States Air
Force and the United States National Guard assigned missions are
covered.
JUSTIFICATION:
Members of the United States Air Force Auxiliary Civil Air Patrol or the
United States Coast Guard Auxiliary Pilots are often called upon to
respond to states of emergency that are called by the state or federal
governments. They perform critical services during these emergencies and
are often away from their places of employment for hours or days at a
time.
Other emergency responders, such as volunteer firefighters or members of
a volunteer ambulance service, are already provided protection from
retaliation by their employer for their service in responding to a
declared emergency under this section.
Further, volunteer firefighters, members of a volunteer ambulance
service, the United States Air Force Auxiliary Civil Air Patrol, and the
United States Coast Guard Auxiliary Pilots are already permitted leaves
of absence from public employers when responding to a declared emergen-
cy, but only the first two groups have the same protections against
retaliation from private employers.
This bill addresses this disparity by affording members of the United
States Air Force Auxiliary Civil Air Patrol or the United States Coast
Guard Auxiliary Pilots the same protections extended to volunteer fire-
fighters or members of a volunteer ambulance service. At a time of
increasing natural disasters and public emergencies, New York must
support all volunteer emergency responders who place themselves at risk
for the safety of our communities.
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This legislation will have no fiscal implications for State of local
Governments.
EFFECTIVE DATE:
This act shall take effect immediately.
