§ 36-8-12-10.7 — Employees of private employers; volunteer firefighting or volunteer member activity

Indiana § 36-8-12-10.7

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 12: Volunteer Fire Departments

Text

7. (a) This section applies to an employee
of a private employer who:
(1) is a volunteer firefighter or volunteer member; and
(2) has notified the employee's employer in writing that the
employee is a volunteer firefighter or volunteer member.
(b) Except as provided in subsection (c), the 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;
(2) for leaving the employee's duty station to respond to a fire or
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; or
(3) for:
(A) an injury; or
(B) an absence from work because of an injury;
that occurs while the employee is engaged in emergency
firefighting or other emergency response.
However, for each instance of emergency firefighting activity or other
emergency response that results in an injury to an employee,
subdivision (3) applies only to the period of the employee's absence
from work that does not exceed six (6) months from the date of the
injury.
(c) After the employer has received the notice required under
subsection (a)(2), the employer may reject the notification from the
employee on the grounds that the employee is an essential employee to
the employer. If the employer has rejected the notification of the
employee:
(1) subsection (b) does not apply to the employee; and
(2) the employee must promptly notify the:
(A) fire chief or other officer in charge of the volunteer fire
department; or
(B) the officer in charge of the volunteer emergency medical
services association;
of the rejection of the notice of the employee who is a volunteer
firefighter or a volunteer member.
(d) The employer may require an employee who has been absent
from employment as set forth in subsection (b) to present a written
statement from the fire chief or other officer in charge of the volunteer
fire department, or officer in charge of the emergency medical services
association, at the time of the absence or injury indicating that the
employee was engaged in emergency firefighting or emergency activity
at the time of the absence or injury.
(e) The employer may require an employee who is injured or absent
from work as described in subsection (b)(3) to provide evidence from
a physician or other medical authority showing:
(1) treatment for the injury at the time of the absence; and
(2) a connection between the injury and the employee's
emergency firefighting or other emergency response activities.
(f) To the extent required by federal or state law, information
obtained under subsection (e) by an employer must be:
(1) retained in a separate medical file created for the employee;
and
(2) treated as a confidential medical record.

Legislative History

As added by P.L.43-2005, SEC.4. Amended by P.L.63-2009, SEC.3.