Sec. 1. 26 MRSA c. 7, sub-c. 4-C is enacted to read:

SUBCHAPTER 4-C

VOLUNTEER FIREFIGHTER; ABSENCE FROM WORK

§809.__Absence for emergency response

1.__Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Employer" means any private or public employer, including the State and political subdivisions of the State, that employs 5 or more full-time-equivalent employees.

B.__"Responding to an emergency" means responding to, working at the scene of or returning from a fire call, a hazardous or toxic materials spill and cleanup or any other situation to which the fire department has been dispatched.

C.__"Volunteer firefighter" has the same meaning as in Title 30-A, section 3151.

2.__Prohibition against discharge or disciplinary action.__An employer may not discharge or take any other disciplinary action against an employee because of the employee's failure to report for work at the beginning of the employee's regular working hours if the employee failed to do so because the employee was responding to an emergency in the employee's capacity as a volunteer firefighter.__An employer may charge the lost time against the employee's regular pay or against the employee's available leave time.__This subsection does not apply to the absence of a volunteer firefighter from the volunteer firefighter's regular employment as a law enforcement officer, a utility worker or medical personnel when the services of that person are essential to protect public health or safety or if the employee has been designated as essential by the employer pursuant to subsection 6.

3.__Notification; verification.__If time permits, when an employee is responding as a volunteer firefighter to an emergency, the employee, the employee's designee or the fire department supervisor shall notify the employer that the employee will not report to work at the appointed time.__At the request of an employer, an employee losing work time as provided in subsection 2 shall provide the employer with a statement from the