BILL NUMBER: S8494
SPONSOR: LIU
 
TITLE OF BILL:
An act to amend the labor law, in relation to permitted leaves of
absence for members of civil air patrol
 
PURPOSE:
To provide an authorized leave of absence from a place of employment for
members of the United States Air Force Auxiliary Civil Air Patrol or the
United States Coast Guard Auxiliary Pilots who respond to a declared
state of emergency.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 202-L of the labor law to permit members of the
United States Air Force Auxiliary Civil Air Patrol or the United States
Coast Guard Auxiliary Pilots to request and be granted a leave of
absence if that person is responding to a declared state of emergency
upon written request from a unit commander.
This section also allows for a waiver if the employee's absence would
impose an undue hardship on the employer's business, and states that an
employer must have previously been provided written documentation
regarding the employee's volunteer membership. It also states that the
individual must be performing services related to the declared emergen-
cy, and that the employer may request a notarized statement from the
employee's unit commander affirming the period of time the employee
responded to an emergency. This section further states that the leave is
unpaid, or may be charged against any other leave the employee is enti-
tled.
Section 2 provides for an effective date.
 
JUSTIFICATION:
Members of the United States Air Force Auxiliary Civil Air Patrol or the
United States Coast Guard Auxiliary Pilots are often called upon to
respond to states of emergency that are called by the state or federal
governments. They perform critical services during these emergencies and
are often away from their places of employment for hours or days at a
time.
Other emergency responders, such as volunteer firefighters or members of
a volunteer ambulance service, are already provided protection from
retaliation by their employer for their service in responding to a
declared emergency under this section.
Further, volunteer firefighters, members of a volunteer ambulance
service, the United States Air Force Auxiliary Civil Air Patrol, and the
United States Coast Guard Auxiliary Pilots are already permitted leaves
of absence from public employers when responding to a declared emergen-
cy, but only the first two groups have the same protections against
retaliation from private employers.
This bill addresses this disparity by affording members of the United
States Air Force Auxiliary Civil Air Patrol or the United States Coast
Guard Auxiliary Pilots the same protections extended to volunteer fire-
fighters or members of a volunteer ambulance service. At a time of
increasing natural disasters and public emergencies, New York must
support all volunteer emergency responders who place themselves at risk
for the safety of our communities.
 
FISCAL IMPLICATIONS:
None to state.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
EFFECTIVE DATE:
This act shall take effect immediately.