What is the Indiana code the protects volunteer firefighters from being penalized if they are tardy or miss work due to being on the scene of a working fire?

Answer 1

IC 36-8-12-10.5

Employees of political subdivisions; volunteer firefighting activity

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; and

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

(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; or

(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.

(d) The political subdivision employer may require an employee who has been absent from employment as set forth in subsection (c)(1) or (c)(2) to present a written statement from the fire chief or other officer in charge of the volunteer fire department at the time of the absence indicating that the employee was engaged in emergency firefighting or emergency activity at the time of the absence.

(e) 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(3) Fringe benefits wrongly denied or withdrawn.

(4) Seniority rights wrongly denied or withdrawn.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.

As added by P.L.49-2004, SEC.1.

Additionally:

IC 4-15-10-7

Volunteer firefighting activity

Sec. 7. An employee may not be disciplined for absence from work if:

(1) the employee is a member of a volunteer fire department under IC 36-8-12;

(2) the employee has notified his immediate supervisor in writing that he is a member of a volunteer fire department;

(3) the employee presents a written statement to his immediate supervisor from the chief or other officer in charge of the volunteer fire department that the employee was engaged in

emergency firefighting activity at the time of his absence from work; and

(4) the employee secures authorization from his supervisor to leave his duty station if the employee has already reported for work.