An Act To Amend the Laws Governing Firefighter Absence from Work for Emergency Response
Maine Legislature, Session 126, LD 1622
Committee: Labor, Commerce, Research and Economic Development
Sponsors: PARRY, TUTTLE, FREDETTE, HOBBINS
Amends: 26 MRSA §809

Legislative Document 
No. 1622 
H.P. 1194 
House of Representatives, December 30, 2013 
An Act To Amend the Laws Governing Firefighter Absence from 
Work for Emergency Response 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 23, 2013.  Referred to the Committee on 
Labor, Commerce, Research and Economic Development pursuant to Joint Rule 308.2 and 
ordered printed pursuant to Joint Rule 401. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PARRY of Arundel. 
Cosponsored by Senator TUTTLE of York and 
Representatives: FREDETTE of Newport, HOBBINS of Saco. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Maine Revised Statutes, Title 26, section 809 pertains to absence for 
emergency response by members of a volunteer fire department; and 
Whereas, many volunteer fire departments are becoming municipal fire 
departments; and 
Whereas, because current law does not apply to municipal fire departments, the 
members of municipal fire departments are not protected from being discharged or having 
disciplinary action taken against them by their employers for responding to emergencies; 
and 
Whereas, it is imperative that this legislation take effect immediately so that 
members of municipal fire departments will have the same protection as members of 
volunteer fire departments; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §809, sub-§1, ¶A-1 is enacted to read: 
A-1.  "Firefighter" has the same meaning as "municipal firefighter" and "volunteer 
firefighter" in Title 30-A, section 3151, subsections 2 and 4. 
Sec. 2.  26 MRSA §809, sub-§1, ¶C, as enacted by PL 2005, c. 296, §1, is 
repealed. 
Sec. 3.  26 MRSA §809, sub-§2, as enacted by PL 2005, c. 296, §1, is amended to 
read: 
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 and the employee 
reported for work as soon as reasonably possible after being released from the 
emergency.  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. 
Sec. 4.  26 MRSA §809, sub-§3, as enacted by PL 2005, c. 296, §1, is amended to 
read: 
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 chief of the 
volunteer fire department or the chief's designee stating that the employee was responding 
to an emergency call and the time of release from the call. 
Sec. 5.  26 MRSA §809, sub-§5, as enacted by PL 2005, c. 296, §1, is amended to 
read: 
5.  Impact on individual agreements.  This section does not apply if the employer 
and the employee have entered into a written agreement, signed by the employer and the 
employee, that governs procedures to be followed when the employee is called to respond 
to an emergency as a volunteer firefighter.  This subsection applies only if: 
A.  The local official in charge of calling out firefighters has a written policy that: 
(1)  Specifies the circumstances under which firefighters will be ordered to 
remain at an emergency; and 
(2)  Affirms that firefighters will be released as soon as practicable; and 
B.  The employee presents a copy of the policy to the employer upon notifying the 
employer of the employee's status as a volunteer firefighter. 
Sec. 6.  26 MRSA §809, sub-§6, as enacted by PL 2005, c. 296, §1, is amended to 
read: 
6.  Designation as essential.  Upon receiving notice of an employee's volunteer 
firefighter status, an employer may designate the employee essential to the employer's 
operations when the absence of the employee would cause disruption of the employer's 
business. 
Sec. 7.  Maine Revised Statutes headnote amended; revision clause.  In the 
Maine Revised Statutes, Title 26, chapter 7, subchapter 4-C,  in the subchapter headnote, 
the words "volunteer firefighter; absence from work" are amended to read "firefighter; 
absence from work" and the Revisor of Statutes shall implement this revision when 
updating, publishing or republishing the statutes. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Current law prohibits an employer from discharging or otherwise disciplining for 
absence an employee who is a volunteer firefighter and who responds to an emergency in 
that capacity.  The law does not pertain to a person who belongs to a municipal fire 
department.  This bill changes the law to also protect members of municipal fire 
departments.