Sec. 1. 26 MRSA c. 7, sub-c. IV-C is enacted to read:

SUBCHAPTER IV-C

LEAVE FOR VOLUNTEER FIREFIGHTING

§809.__Absence for volunteer firefighting

1. Notice of absence.__Any active member of a volunteer fire association as defined in Title 30-A, section 3151, subsection 3 who, in response to fire or other emergency, is absent from a position other than a temporary position in the employ of any employer shall:

A.__Give notice to the employer of the employee's absence for firefighting duties; and

B.__If the employer so requests, obtain a confirmation from the fire chief or other responsible individual of the time and duration of the call to firefighting duty.

2. Absence with leave.__An employee who is in compliance with this section may not be penalized by the employer for that absence from work.__The period of absence must be construed as an absence with leave and, within the discretion of the employer, the leave may be with or without pay.

3. Remedies.__If an employer fails to comply with this section, the employee may bring a civil action for damages for the noncompliance or apply to the courts for such equitable relief as may be just and proper under the circumstances.

SUMMARY

This bill prohibits an employer from penalizing an employee who is absent from work to perform volunteer firefighting duties if the employee has provided proper notice to the employer.