New Hampshire § 275:41-e Volunteer Firefighters and Emergency Medical Technicians

New Hampshire Statutes

§ 275:41-e — Volunteer Firefighters and Emergency Medical Technicians

New Hampshire·Title XXIII LABOR·Ch. 275 PROTECTIVE LEGISLATION·Subdivision Discrimination in the Workplace

I.No employer shall discharge or take any other disciplinary action against any employee by reason of failure of such employee to report for work at the commencement of such employee's regular working hours where the failure is due to the employee's responding, in his or her capacity as a volunteer member of a fire department or ambulance department, to an emergency they witness or come upon while en route to a place of employment; provided, however, that no such employer shall be required to compensate any such employee for any period of such employee's normal working hours during which for such reason the employee fails to report for work and at the request of an employer shall submit a statement signed by the chief of such fire department or ambulance department certifying the date and

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I. No employer shall discharge or take any other disciplinary action against any employee by reason of failure of such employee to report for work at the commencement of such employee's regular working hours where the failure is due to the employee's responding, in his or her capacity as a volunteer member of a fire department or ambulance department, to an emergency they witness or come upon while en route to a place of employment; provided, however, that no such employer shall be required to compensate any such employee for any period of such employee's normal working hours during which for such reason the employee fails to report for work and at the request of an employer shall submit a statement signed by the chief of such fire department or ambulance department certifying the date and time such employee responded to and returned from the emergency. Such employee shall inform his or her employer or immediate supervisor of the reasons for the failure to report.
II. As used in this section, "volunteer member" shall mean a volunteer, call, reserve, or permanent-intermittent firefighter or emergency medical technician, but shall not include any person who received compensation for over 975 hours of services rendered in such capacity over the preceding 6-month period.
III. Any employee who is terminated or against whom any disciplinary action is taken in violation of the provisions of this section shall be immediately reinstated to such employee's former position without reduction of pay, seniority, or other benefits, and shall receive any lost pay or other benefits during any period for which such termination or other disciplinary action was in effect.
IV. An action to enforce the provisions of this section shall be commenced within one year of the date of the alleged violation, in the superior court within any county wherein the action occurred or wherein the employer resides or transacts business.

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