§ 202-l. Leave of absence for volunteer emergency responders. 1.\nDuring the time that an emergency exists following a declaration of such\nemergency pursuant to section twenty-four or twenty-eight of the\nexecutive law, an employee may request and shall be granted a leave of\nabsence from his or her employer while engaged in the actual performance\nof his or her duties as, (a) a volunteer firefighter, or (b) an enrolled\nmember of a volunteer ambulance service pursuant to article thirty of\nthe public health law unless the employer determines that the employee's\nabsence would impose an undue hardship on the conduct of the employer's\nbusiness as defined by paragraph (d) of subdivision ten of section two\nhundred ninety-six of the executive law.\n 2. Subdivision one of this section sha
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§ 202-l. Leave of absence for volunteer emergency responders. 1.\nDuring the time that an emergency exists following a declaration of such\nemergency pursuant to section twenty-four or twenty-eight of the\nexecutive law, an employee may request and shall be granted a leave of\nabsence from his or her employer while engaged in the actual performance\nof his or her duties as, (a) a volunteer firefighter, or (b) an enrolled\nmember of a volunteer ambulance service pursuant to article thirty of\nthe public health law unless the employer determines that the employee's\nabsence would impose an undue hardship on the conduct of the employer's\nbusiness as defined by paragraph (d) of subdivision ten of section two\nhundred ninety-six of the executive law.\n 2. Subdivision one of this section shall apply only when:\n (a) The employer has previously received written documentation from\nthe head of the employee's volunteer fire department or volunteer\nambulance service, as applicable, notifying the employer of the\nemployee's status as a volunteer firefighter or member of a volunteer\nambulance service; and\n (b) The employee's duties as a volunteer firefighter or member of a\nvolunteer ambulance service are related to the declared emergency.\n 3. The entire period of the authorized leave of absence granted\npursuant to this section shall either be unpaid excused leave for\nemployees who are subject to the overtime provisions of this chapter,\nthe federal fair labor standards act and regulations promulgated\nthereunder, or may otherwise be charged against any other leave to which\nsuch employee is entitled, as determined by the employee.\n 4. Upon the employer's request, an employee who has been granted a\nleave of absence in accordance with this section shall provide his or\nher employer with a notarized statement from the head of the volunteer\nfire department or volunteer ambulance service, as applicable,\ncertifying the period of time, or times, that said employee responded to\nany emergency pursuant to this section.\n 5. Nothing set forth in this section shall be construed to impede,\ninfringe or diminish the rights and benefits which accrue to employees\nthrough bona fide collective bargaining agreements, or otherwise\ndiminish the integrity of the existing collective bargaining\nrelationship.\n 6. As used in this section, employer does not include the state.\nNothing set forth in this section shall be construed as superseding,\nlimiting, or otherwise affecting the provisions of section eighty-two-a\nof the civil service law, providing for authorized absences for public\nofficers and employees of the state.\n