Revision: June 19, 2024, 10:11 a.m.
CHAPTER 45
HB 182-FN - FINAL VERSION
3Jan2024... 2404h
2024 SESSION
23-0389
05/04
HOUSE BILL 182-FN
SPONSORS: Rep. Wolf, Merr. 7; Rep. B. Boyd, Hills. 12; Rep. Bordes, Belk. 5; Rep. Damon, Sull. 8; Sen. Prentiss, Dist 5
COMMITTEE: Labor, Industrial and Rehabilitative Services
─────────────────────────────────────────────────────────────────
ANALYSIS
This bill prohibits an employer from discharging or disciplining an employee who is a volunteer firefighter or emergency medical technician and whose failure to report for work was due to such employee responding to an emergency.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
3Jan2024... 2404h 23-0389
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
45:1 New Section; Protective Legislation; Discrimination in the Workplace; Volunteer Firefighters and Emergency Medical Technicians. Amend RSA 275 by inserting after section 41-d the following new section:
275:41-e Volunteer Firefighters and Emergency Medical Technicians.
I. No employer shall discharge or take any other disciplinary action against any employee by reason of failure of such employee to report for work at the commencement of such employee's regular working hours where the failure is due to the employee's responding, in his or her capacity as a volunteer member of a fire department or ambulance department, to an emergency they witness or come upon while en route to a place of employment; provided, however, that no such employer shall be required to compensate any such employee for any period of such employee's normal working hours during which for such reason the employee fails to report for work and at the request of an employer shall submit a statement signed by the chief of such fire department or ambulance department certifying the date and time such employee responded to and returned from the emergency. Such employee shall inform his or her employer or immediate supervisor of the reasons for the failure to report.
II. As used in this section, “volunteer member” shall mean a volunteer, call, reserve, or permanent-intermittent firefighter or emergency medical technician, but shall not include any person who received compensation for over 975 hours of services rendered in such capacity over the preceding 6-month period.
III. Any employee who is terminated or against whom any disciplinary action is taken in violation of the provisions of this section shall be immediately reinstated to such employee's former position without reduction of pay, seniority, or other benefits, and shall receive any lost pay or other benefits during any period for which such termination or other disciplinary action was in effect.
IV. An action to enforce the provisions of this section shall be commenced within one year of the date of the alleged violation, in the superior court within any county wherein the action occurred or wherein the employer resides or transacts business.
45:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 14, 2024
Effective Date: August 13, 2024