Citations Affected: IC 36-8-12.
Synopsis: Employment absence for volunteer firefighters. Prohibits an
employer other than the state from disciplining an employee who is a
volunteer firefighter for being absent from employment when the
employee is responding to a fire or an emergency call. Allows a civil
action against an employer who disciplines an employee for this reason.
Specifies that the absence is not a violation of the ghost employment
statute and that the supervisor of the employee who has authorized the
absence has not committed ghost employment. Authorizes an employer
to request proof that the employee was engaged in fire or emergency
activity when absent, and provides that the employer is not required to
pay salary or wages for the time the employee was absent.
Effective: July 1, 2005.
January 4, 2005, read first time and referred to Committee on Pensions and Labor.
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
SECTION 1. IC 36-8-12-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. As used in this
chapter:
"Employee" means a person in the service of another person
under a written or implied contract of hire or apprenticeship.
"Employer" means:
(1) a municipal corporation;
(2) an individual or the legal representative of a deceased
individual;
(3) a firm;
(4) an association;
(5) a limited liability company;
(6) an employer that provides on-the-job training under the
federal School to Work Opportunities Act (20 U.S.C. 6101 et
seq.) to the extent set forth in IC 22-3-2-2.5; or
(7) a corporation or its receiver or trustee;
that uses the services of another person for pay.
absence indicating that the employee was engaged in emergency
firefighting or emergency activity at the time of the absence.
(e) This section does not require an employer to pay salary or
wages to an employee who has been absent from employment
within the meaning of subsection (c) for the time away from the
employee's duty station.
(f) A public servant who permits or authorizes an employee of
a municipal corporation under the supervision of the public
servant to be absent from employment or to leave the employee's
duty station in order to engage in emergency firefighting or
emergency activity under this section is not considered to have
committed a violation of IC 35-44-2-4(b).
(e) (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.