Employers must now provide unpaid leave to employees who serve as volunteer firefighters or volunteer ambulance personnel when the governor declares a state of emergency, unless the employee’s absence would impose an undue hardship on the employer’s business as defined by the state Human Rights Law.
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Employers must grant unpaid leave only if the employee previously provided written documentation from the head of the employee’s volunteer fire department or volunteer ambulance service notifying the employer of the employee’s status as an emergency responder.
Employees may elect to substitute other accrued, paid leave, such as vacation time, for the unpaid leave.
The employee’s duties as an emergency responder must be related to the declared emergency.