Co-sponsorship of LRB 3928/1

At the request of the Wisconsin Fire Chiefs’ Association, the Wisconsin State Firefighters’ Association, and the Wisconsin EMS Association, I am introducing 3928/1.  Today, over 90% of Wisconsin’s firefighters and 80% of Wisconsin’s emergency medical technicians (EMTs) are volunteers.  Wisconsin relies heavily upon the goodwill and sacrifice of local men and women volunteering so much of their personal time and money to both train and actually respond to emergency calls. 

Because volunteers, such as fire fighters and EMTs, are an essential part of a community’s continued well-being volunteer efforts in Wisconsin should continue to be encouraged. Consider for a moment the lives and property (personal and business) saved each year, not to mention the savings volunteer emergency services provide our local communities, the local taxpayer and the businesses located in communities served by volunteer emergency services.  Unfortunately, the incidence of employer discrimination directed at community volunteers is becoming more prevalent in Wisconsin.

Similar proposals have been introduced in past sessions to deal with this issue.  However, I have drafted a new proposal that I believe is an equitable solution that should meet the needs of our local communities, fire departments, EMS services and the business/employer community.

The language for this solution was taken directly from the State of Ohio where it can be clearly demonstrated that this proposal can and will work to the best interest of the citizens of Wisconsin, their local communities and employers.

What the bill does:

• Requires an employer to permit an employee who is a volunteer firefighter, EMT, first responder, or ambulance driver to be late for or absent from work, without pay, if the lateness or absence is due to the employee responding to an emergency that begins before the employee is required to report to work and if the employee does all of the following:
• By no later than 30 days after becoming a member of a volunteer fire department or becoming affiliated with an ambulance service provider, submits to the employer a written statement signed by the chief of the volunteer fire department or by the person in charge of the ambulance service provider notifying the employer that the employee is a volunteer firefighter, EMT, first responder, or ambulance driver.
• When dispatched to an emergency, makes every effort to notify the employer that the employee may be late for or absent from work due to the employee’s responding to the emergency or, if prior notification cannot be made due to the extreme circumstances of the emergency or the inability of the employee to contact the employer, submits to the employer a written statement from the chief of the volunteer fire department or from the person in charge of the ambulance service provider explaining why prior notification could not be made.
• When late for or absent from work due to responding to an emergency, provides, on the request of the employer, a written statement from the chief of the volunteer fire department or from the person in charge of the ambulance service provider certifying that the employee was responding to an emergency at the time of the lateness or absence and indicating the date and time of the response to the emergency.
• The bill prohibits an employer from: 1) interfering with, restraining, or denying the exercise of the right of an employee who is a fire fighter, EMT, first responder, or ambulance driver to respond to an emergency as provided in the bill and from discharging or discriminating against such an employee in promotion, in compensation, or in terms, conditions, or privileges of employment for responding to an emergency as provided in the bill; 2) opposing a discharge or discrimination in violation of the bill; 3) filing a complaint or attempting to enforce a right under the bill; or 4) testifying or assisting in any action or proceeding to enforce a right under the bill.
• An employee whose right to respond to an emergency as provided in the bill is interfered with, restrained, or denied or who is discharged or discriminated against in violation of the bill may file a complaint with the Department of Workforce Development (DWD), and DWD must process the complaint in the same manner that employment discrimination complaints are processed under current law.  If DWD finds that an employer has interfered with, restrained, or denied the right of an employee to respond to an emergency as provided in the bill or has discharged or discriminated against an employee in violation of the bill, DWD may order the employer to take action to remedy the violation, including reinstating the employee, providing compensation in lieu of reinstatement, providing back pay accrued not more than two years before the complaint was filed, and paying reasonable actual costs and attorney fees to the complaint.

If you are interested in co-sponsoring this legislation, please contact my office via email or at
266-3363 by Thursday, February 21, 2008.