Sec. 10.5. (a) This section does not apply to an employee of the state subject to IC 4-15-10-7.

     (b) This section applies to an employee of a political subdivision who:

(1) is a volunteer firefighter or volunteer member; and

(2) has notified the employee’s employer in writing that the employee is a volunteer firefighter or volunteer member.

     (c) The political subdivision employer may not discipline an employee:

(1) for being absent from employment by reason of responding to a fire or emergency call that was received before the time that the employee was to report to employment;

(2) for leaving the employee’s duty station to respond to a fire or an emergency call if the employee has secured authorization from the employee’s supervisor to leave the duty station in response to a fire or an emergency call received after the employee has reported to work; or

(3) for:

(A) an injury; or

(B) an absence from work because of an injury;

that occurs while the employee is engaged in emergency firefighting or other emergency response.

However, for each instance of emergency firefighting activity or other emergency response that results in an injury to an employee, subdivision (3) applies only to the period of the employee’s absence from work that does not exceed six (6) months from the date of the injury.

     (d) The political subdivision employer may require an employee who has been absent from employment as set forth in subsection (c) to present a written statement from the fire chief or other officer in charge of the volunteer fire department, or officer in charge of the volunteer emergency medical services association, at the time of the absence or injury indicating that the employee was engaged in emergency firefighting or emergency activity at the time of the absence or injury.

     (e) The political subdivision employer may require an employee who is injured or absent from work as described in subsection (c)(3) to provide evidence from a physician or other medical authority showing:

(1) treatment for the injury at the time of the absence; and

(2) a connection between the injury and the employee’s emergency firefighting or other emergency response activities.

     (f) To the extent required by federal or state law, information obtained under subsection (e) by a political subdivision employer must be:

(1) retained in a separate medical file created for the employee; and

(2) treated as a confidential medical record.

     (g) An employee who is disciplined by the employer in violation of subsection (c) may bring a civil action against the employer in the county of employment. In the action, the employee may seek the following:

(1) Payment of back wages.

(2) Reinstatement to the employee’s former position.

(3) Fringe benefits wrongly denied or withdrawn.

(4) Seniority rights wrongly denied or withdrawn.

An action brought under this subsection must be filed within one (1) year after the date of the disciplinary action.

     (h) A public servant who permits or authorizes an employee of a political subdivision under the supervision of the public servant to be absent from employment as set forth in subsection (c) is not considered to have committed a violation of IC 35-44.1-1-3(b).

As added by P.L.49-2004, SEC.1. Amended by P.L.43-2005, SEC.3; P.L.63-2009, SEC.2; P.L.126-2012, SEC.64.