KRS § 337.100 — KY Code / Title XXVII / Chapter 337 / Section 337.100
337.100 Volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or emergency management agency member absent from employment due to emergency or injury incurred in the line of duty
Status: in_force

337.100 Volunteer firefighter, rescue squad member, emergency medical

technician, peace officer, or emergency management agency member absent

from employment due to emergency or injury incurred in the line of duty.

(1) No employer shall terminate an employee who is a volunteer firefighter, rescue

squad member, emergency medical technician, peace officer, or a member of an

emergency management agency because that employee, when acting as a volunteer

firefighter, rescue squad member, emergency medical technician, peace officer, or a

member of an emergency management agency, is absent or late to the employee's

employment in order to respond to an emergency prior to the time the employee is

to report to his or her place of employment.

(2) No employer shall terminate an employee who is a volunteer firefighter, rescue

squad member, emergency medical technician, peace officer, or a member of an

emergency management agency because that employee, when acting as a volunteer

firefighter, rescue squad member, emergency medical technician, peace officer, or a

member of an emergency management agency, takes leave following a critical

incident pursuant to KRS 15.518 and 95A.292.

(3) An employer may charge any time that an employee who is a volunteer firefighter,

rescue squad member, emergency medical technician, peace officer, or a member of

an emergency management agency loses from employment because of the

employee's response to an emergency against the employee's regular pay.

(4) An employer may request an employee who loses time from the employee's

employment to respond to an emergency to provide the employer with a written

statement from the supervisor or acting supervisor of the volunteer fire department,

rescue squad, emergency medical services agency, law enforcement agency, or the

director of the emergency management agency stating that the employee responded

to an emergency and listing the time and date of the emergency.

(5) No employer shall terminate an employee who is a volunteer firefighter, rescue

squad member, emergency medical technician, peace officer, or member of an

emergency management agency who is absent for a period of no more than twelve

(12) months from the employee's employment because of injuries incurred in the

line of duty. The volunteer firefighter, rescue squad member, emergency medical

technician, peace officer, or member of an emergency management agency shall

provide, at the request of his or her employer:

(a) A written statement from the supervisor, acting supervisor, or director of the

volunteer fire department, rescue squad, emergency medical services agency,

law enforcement agency, or emergency management agency under whose

command the employee was on active duty and on assignment with that fire

department, rescue squad, emergency medical services agency, law

enforcement agency, or emergency management agency when the injury

occurred; and

(b) A written statement from at least one (1) licensed and practicing physician

stating that the volunteer firefighter, rescue squad member, emergency

medical technician, peace officer, or member of an emergency management

agency is injured and a date for the employee's return to work.

(6) Any employee that is terminated in violation of the provisions of this section may

bring a civil action against his or her employer. The employee may seek

reinstatement to the employee's former position, payment of back wages,

reinstatement of fringe benefits, and where seniority rights are granted, the

reinstatement of seniority rights. In order to recover, the employee shall file this

action within one (1) year of the date of the violation of this section.