(a)  Upon prompt notice by an employee, no employer shall discharge or take any other disciplinary action against any employee by reason of failure of that employee to report for work at the commencement of regular working hours wherein the failure is due to responding to an emergency in the capacity as a volunteer member of a fire department or ambulance department; provided, however, that no such employer shall be required to compensate any employee for any period of normal working hours for failure to report for work. At the request of an employer, an employee shall submit a statement signed by the chief of the appropriate fire department or ambulance department certifying the date and time the employee responded to and returned from the emergency. An employee shall inform the employer or immediate supervisor of all reasons for any failure to report to work as required.

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Terms Used In Rhode Island General Laws 28-6.13-3

  • Department: means the department of labor and training. See Rhode Island General Laws 28-29-2
  • Employee: means any person who has entered into the employment of or works under contract of service or apprenticeship with any employer, except that in the case of a city or town other than the city of Providence it shall only mean that class or those classes of employees as may be designated by a city, town, or regional school district in a manner provided in this chapter to receive compensation under chapters 29 — 38 of this title. See Rhode Island General Laws 28-29-2
  • Responding to an emergency: means responding to, working at the scene of, or returning from a fire, rescue, emergency medical service call, hazardous materials incident, or a natural or man-made disaster, where the emergency occurs during a period other than normal working hours of the employee. See Rhode Island General Laws 28-6.13-2
  • Volunteer member: means a volunteer, call, reserve, or permanent-intermittent firefighter or emergency medical technician, but shall not include any person who received compensation for over nine hundred seventy-five (975) hours of services rendered in such capacity over the preceding six (6) months. See Rhode Island General Laws 28-6.13-2

(b)  Any employee who is terminated or against whom any disciplinary action is taken in violation of the provisions of this chapter shall be immediately reinstated to his or her former position without reduction of pay, seniority, or other benefits, and shall receive any lost pay or other benefits during any period for which the termination or other disciplinary action was in effect.

(c)  An action to enforce the provisions of this chapter shall be commenced within one year of the date of the alleged violation in the superior court within the county wherein the action occurred, or wherein the employer resides or transacts business.

History of Section.
P.L. 2016, ch. 114, § 1; P.L. 2016, ch. 119, § 1.