(a) An employee of any private sector business who is a certified disaster service volunteer may be granted leave from work with pay, in accordance with Subsection (b) infra, for up to an aggregate of fifteen (15) days, consecutively or non-consecutively, in any twelve (12)-month period to participate in specialized disaster relief services for the American Red Cross, or an NGO or faith-based member organization registered with the Guam Office of Homeland Security or Office of Civil Defense in connection with any disaster, upon the request of the American Red Cross, or the registered organization, for such employee’s services and upon the approval of such employee’s employing company.

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4 Guam Code Ann. PUBLIC OFFICERS & EMPLOYEES
CH. 16 DISASTER SERVICE VOLUNTEER LEAVE ACT

(b) An employee of any private sector business granted leave pursuant to Subsection (a) of this Section shall be compensated by the employee’s employing company at the employee’s regular rate of pay for those regular work hours during which the employee is absent from work, but shall not receive overtime pay, shift differential pay, hazardous duty pay or any other form of pay or compensation in addition to the employee’s regular pay. An employee of any private sector business who is granted leave pursuant to Subsection (a) of this Section shall not lose any seniority or any already accumulated vacation time, sick time or earned overtime due to such leave.

(c) The employing company shall not be liable for workers compensation claims arising from accident or injury while an employee is on assignment as a certified disaster service volunteer for the American Red Cross, or a registered organization. Duties performed while on disaster leave shall not be considered to be a work assignment by its employing company. In determining whether to grant leave to an employee, the employee’s employing company may consider the needs of the American Red Cross, or the requesting registered organization, for expertise in a particular certified area. The employee’s activities and job functions while on leave, however, shall not be directed by its employing company, but shall be determined and controlled solely by the American Red Cross, or the registered organization.

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