2005 Regular Session
By: Representative Fleming
AN ACT TO PROHIBIT AN EMPLOYER FROM TERMINATING THE EMPLOYMENT OF AN EMPLOYEE WHO IS A VOLUNTEER FIREFIGHTER, RESCUE SQUAD MEMBER, EMERGENCY MEDICAL TECHNICIAN, PEACE OFFICER OR A MEMBER OF AN EMERGENCY MANAGEMENT AGENCY WHEN THE EMPLOYEE ACTS IN ONE OF THE ABOVE CAPACITIES; TO ALLOW AN EMPLOYER TO CHARGE AGAINST AN EMPLOYEE'S REGULAR PAY ANY TIME LOST BECAUSE THE EMPLOYEE WAS ACTING IN ONE OF THE ABOVE CAPACITIES; TO ALLOW AN EMPLOYER OF AN EMPLOYEE WHO VOLUNTEERS IN ANY OF THE ABOVE CAPACITIES TO REQUEST A WRITTEN STATEMENT FROM THE SUPERVISOR OR ACTING SUPERVISOR OF THE EMPLOYEE'S VOLUNTEER UNIT WHICH CONTAINS THE DATE AND TIME THAT THE EMPLOYEE RESPONDED TO AN EMERGENCY; TO ALLOW AN EMPLOYEE WHOSE EMPLOYMENT HAS BEEN TERMINATED IN VIOLATION OF THIS ACT TO BRING A CIVIL SUIT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) No employer shall terminate the employment of an employee who is a volunteer fire fighter, rescue squad member, emergency medical technician, peace officer or a member of an emergency management agency because that employee, when acting as a volunteer fire fighter, rescue squad member, emergency medical technician, peace officer or a member of an emergency management agency, is absent or late to the employee's employment in order to respond to an emergency before the time the employee is to report to his or her place of employment.
(2) An employer may charge against the employee's regular pay any time lost by an employee who is a volunteer fire fighter, rescue squad member, emergency medical technician, peace officer or a member of an emergency management agency because of the employee's response to an emergency.
(3) An employer may request an employee who loses time from employment to respond to an emergency to provide the employer with a written statement from the supervisor or acting supervisor of the volunteer fire department, rescue squad, emergency medical services agency, law enforcement agency or the director of the emergency management agency stating that the employee responded to an emergency and listing the time and date of the emergency.
(4) Any employee whose employment is terminated in violation of the provisions of this section may bring a civil action against his or her employer. The employee may seek reinstatement to the employee's former position, payment of back wages, reinstatement of fringe benefits and where seniority rights are granted, the reinstatement of seniority rights. In order to recover, the employee shall file this action within one (1) year of the date of the violation of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.