Background of issue: We have an employee who responds to calls throughout the night or early morning. No matter what time he completes these calls he calls in stating he will not be in for the day. 

We had 2 days like this last week It can and has caused some delays and issues with production

Q. Are you able to limit how many days a year?  

A. NO LIMIT ON DAYS PER YEAR SPECIFIED IN THE LEGISLATION Q. Can you require the employee to come to work after he has had so many hours of sleep?

A. LEGISLATION AS WRITTEN APPLIES TO EMPLOYEE BEING EXCUSED FOR ACTUAL TIME OF RESPONDING TO THE EMERGENCY EVENT, WHICH COULD BE INTERPRETED TO INCLUDE A REASONABLE PERIOD OF TIME TO GET BACK HOME TO CHANGE CLOTHING AND THEN RETURN TO WORK

EXCUSED TIME APPLIES ONLY TO TIME EMPLOYEE RESPONDED TO A CALL AND THE TIME THE DUTY ENDED. THE LEGISLATION IS SILENT ON POST-CALL ACTIVITIES, SUCH AS SLEEP; HOWEVER, A REASONABLE APPROACH WOULD BE TO DISCUSS WORKPLACENEEDS& ISSUES WITH THE EMPLOYEE AND THAT YOU MAY ALLOW A REASONABLE AMOUNT OF TIME TO GET TO WORK AFTER THE CALL HAS ENDED, EMPHASIZING THERE IS NO SLEEP REQUIREMENT IN THE LEGISLATION

Q. What if they responded to a call but completed that call prior to their work shift starting, can you still require them to come to work?  

A. AS STATED ABOVE, TIME EXCUSED IS FOR ACTUAL TIME OF RESPONDING WHICH WOULD REASONABLE INCLUDE TIME TO GET BACK HOME TO CHANGE CLOTHING AND RETURN TO WORK

The form below can be printed two-sided on Company Stationary. One side of this form provides the employee a copy of the applicable PA law and on the other side is a release form completed by a responsible Fire Company/Emergency service officer and given to the volunteer to present to his/her supervisor upon return to work and includes an explanation of the emergency response occurrence.

PENNSYLVANIA LAW PROHIBITING EMPLOYMENT TERMINATION OF VOLUNTEER FIREFIGHTERS FOR TIME LOST

PENNSYLVANIA LAW PA TITLE 35 SUBCHAPTER C, EMPLOYMENT SANCTIONS, CHAPTER 74, VOLUNTEER FIREFIGHTERS PROHIBITS EMPLOYERS FROM FIRING EMPLOYEES WHO HAVE LOST TIME FROM EMPLOYMENT IN THE LINE OF DUTY AS VOLUNTEER FIREMEN, FIRE POLICE AND VOLUNTEER MEMBERS OF AMBULANCE SERVICES AND RESCUE SQUADS.

Here is link to PA Title 35:http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=35&div=0&chpt=74

Applicable to volunteers of a fire company, ambulance service, or rescue squad, or its affiliated organization

"Volunteer firefighter" is a person who is a member of:

(1)  a fire company organized and existing under the laws of this Commonwealth;

(2)  a fire police unit, rescue squad, ambulance corps or other like organization affiliated with one or more fire companies; or

(3)  a fire company or affiliated organization which participates in the fire service but does not look to that service as his or her primary means of livelihood.

"Line of duty"  Going to, coming from or during fire prevention and safety activities which includes fire prevention, first aid, rescue and salvage, ambulance service, fire police work, assistance at accidents, control of crowds both on the fire grounds and at occasions of public or general assembly, animal rescue, abatement of conditions due to storm, flood or general peril, abatement or removal of hazards to safety and other activities as are commonly undertaken by fire companies, ambulance services or rescue squads or their affiliated organizations

§ 7423.  Prohibition on termination and discipline          No employer shall terminate or discipline an employee who is a volunteer fireman, a volunteer member of the

fire police or a volunteer member of an ambulance service or rescue squad and, in the line of duty, has responded to a call prior to the time he was due to report for work resulting in a loss of time from his employment.

§ 7426.  StatementsAn employee losing time as provided in section 7423 (relating to prohibition on termination and discipline) shall supply his employer with a statement from the chief executive officer of his volunteer fire company, ambulance service or rescue squad or its affiliated organization stating that he responded to a call and the time of the call.

§ 7427.  ViolationsAn employer who willfully and knowingly violates this subchapter shall be required to revoke a disciplinary action and any penalty attached thereto or to reinstate such employee to his former position and shall be required to pay the employee all lost wages and benefits for the period between termination and reinstatement and reasonable attorney fees incurred in an action to recover lost wages and benefits.

 Statute of limitationsAn action to enforce this subchapter shall be commenced within two years of the date of violation, and the action shall be commenced in the court of common pleas of the county in which the employer is located.

THIS FORM MUST BE PROPERLY FILLED OUT BY A RESPONSIBLE FIRE COMPANY/EMERGENCY SERVICE OFFICER AND GIVEN TO THE VOLUNTEER TO PRESENT TO HIS/HER SUPERVISOR ON RETURN TO WORK

As an employer with limited staff, and on occasion on a tight deadline to deliver an important product or service to a customer, we require all volunteer firefighters, volunteer members of the fire police or volunteer members of an ambulance service or rescue squad who are serving in the line of duty, have responded to a call prior to the time s/he was due to report for work resulting in a loss of time from his/her employment to return to work immediately following release from a Fire Call or related emergency

Employees serving as volunteers in the above capacities are urged to provide your local fire company or emergency services captain with this form, anticipating in advance of any emergency fire call that this form is required to be submitted immediately upon reporting to work on the day the employee is late for work due to a Fire Call.

EMPLOYEES ARE URGED TO PLEASE REQUEST YOUR LOCAL FIRE COMPANY OR EMERGENCY SERVICES OFFICER TO RETAIN SEVERAL COPIES OF THIS FORM FOR USE IN EVENT(S) WHEREBY AN INCIDENT OCCURS PRIOR TO REPORTING FOR WORK AND YOU ARE DELAYED IN REPORTING TO WORK.

From: _____________________________________________(Name of Fire Company/ Emergency Services Officer)

To: _________________________________________(Name of Employer)

Please excuse the following employee _________________________, for being absent from work for the period of

time below, in accordance with Pennsylvania Public Law. S/he responded as a volunteer member of the

__________________ Fire Department when dispatched by the ____________ County Communications Center at

_________ am/pm until released from the scene at: ____________ am/pm on _________/ _____/ _______

Month / Day / Year

If you have any questions, I was the officer in charge and you may contact me: Name: _____________________

Rank: ______________________

Phone ______________________

You may also contact Fire Chief ______________________________

His/her Phone Number is (______) ________ - ______________

Or call at the Station Telephone Number (______) ________ - ______________

________________________________________________ _______________Signature: Date:

Employer will sign this form and make a photocopy of it for the above named employee’s personal records.

Date & Time Employer received this form from above named employee: Date __________ @ __________am/pm

______________________________________ ____________________ (EMPLOYER/ SUPERVISOR SIGNATURE) (DATE)

______________________________________ (PRINT NAME OF SIGNATURE ABOVE

A copy of the applicable Pennsylvania Public Law may be found on the reverse side of this letter