AB 464

Current law requires an employer to grant to an employee a leave of absence

from employment without pay for certain purposes, including to vote, serve as an

election official, serve on a jury, and testify in a criminal proceeding. Current law also

requires a state agency to grant to a state employee a leave of absence with pay for

certain purposes, including to serve as a bone marrow or organ donor, attend national

guard or military reserves training, report for a preinduction physical for military

service, serve on a jury, and compete in promotional examinations or interviews. In

addition, current law permits a state agency to grant to a state employee a leave of

absence with pay to allow the state employee to participate in providing specialized

disaster relief services for the American Red Cross.

This bill requires an employer to permit an employee who is a volunteer fire

fighter, emergency medical technician, first responder, or ambulance driver for a

volunteer fire department or fire company, a public agency, or a nonprofit corporation

to be late for or absent from work, without pay, if the lateness or absence is due to

the employee responding to an emergency that begins before the employee is

required to report to work and if the employee does all of the following:

1. By no later than 30 days after becoming a member of a volunteer fire

department or becoming affiliated with an ambulance service provider, submits to

the employer a written statement signed by the chief of the volunteer fire department

or by the person in charge of the ambulance service provider notifying the employer

that the employee is a volunteer fire fighter, emergency medical technician, first

responder, or ambulance driver for a volunteer fire department or fire company, a

public agency, or a nonprofit corporation.

2. When dispatched to an emergency, makes every effort to notify the employer

that the employee may be late for or absent from work due to the employee's

responding to the emergency or, if prior notification cannot be made due to the

extreme circumstances of the emergency or the inability of the employee to contact

the employer, submits to the employer a written statement from the chief of the

volunteer fire department or from the person in charge of the ambulance service

provider explaining why prior notification could not be made.

3. When late for or absent from work due to responding to an emergency,

provides, on the request of the employer, a written statement from the chief of the

volunteer fire department or from the person in charge of the ambulance service

provider certifying that the employee was responding to an emergency at the time

of the lateness or absence and indicating the date and time of the response to the

emergency.

The bill prohibits an employer from interfering with, restraining, or denying

the exercise of the right of an employee who is a fire fighter, emergency medical

technician, first responder, or ambulance driver for a volunteer fire department or

fire company, a public agency, or a nonprofit corporation to respond to an emergency