An Act To Protect Volunteer Search and Rescuers Certified by the Maine Association for Search and Rescue from Adverse Employment Actions
Maine Legislature, Session 129, LD 0886
Committee: Labor and Housing
Sponsors: BAILEY, BELLOWS, BRADSTREET, FAY, MARTIN, NADEAU, SYLVESTER, DAVIS, LAWRENCE

Legislative Document
No. 886
H.P. 660
House of Representatives, February 19, 2019
An Act To Protect Volunteer Search and Rescuers Certified by the 
Maine Association for Search and Rescue from Adverse 
Employment Actions
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BAILEY of Saco.
Cosponsored by Senator BELLOWS of Kennebec and
Representatives: BRADSTREET of Vassalboro, FAY of Raymond, MARTIN of Eagle Lake, 
NADEAU of Winslow, SYLVESTER of Portland, Senators: DAVIS of Piscataquis, 
LAWRENCE of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA c. 7, sub-c. 4-D is enacted to read:
SUBCHAPTER 4-D
VOLUNTEER SEARCH AND RESCUER; ABSENCE FROM WORK
§810.  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" has the same meaning as in section 809, subsection 1, paragraph A.
B.  "Volunteer search and rescuer" means a person who is certified in search and 
rescue practices and procedures by a nonprofit search and rescue training 
organization recognized by the Department of Inland Fisheries and Wildlife, Bureau 
of Warden Service.
2.  Prohibition against discharge or disciplinary action.  An employer may not 
discharge or take any other disciplinary action against an employee who is a volunteer 
search and rescuer 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 a search and rescue operation requested by a law 
enforcement agency in the employee's capacity as a volunteer search and rescuer and the 
employee reported for work as soon as reasonably possible after being released from the 
search and rescue operation. 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 an employee 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 search and rescuer to a search and rescue operation, the employee, the 
employee's designee or the search and rescue operation 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 official in charge of the recognized nonprofit 
search and rescue training organization, the official's designee or a law enforcement 
official responsible for the search and rescue operation stating that the employee was 
responding to a search and rescue operation and the time of release from the operation.
4.  Enforcement; penalty for violation.  If an employer has violated subsection 2, 
the employee may bring an action in Superior Court in the county in which the employee 
resides or in the county in which the employer's place of business is located. The action 
must be brought within one year of the date of the alleged violation. If the court finds that 
the employer violated subsection 2, and if the employee so requests, the court shall order 
the employer to reinstate the employee in the employee's former position without 
reduction of pay, seniority or other benefits. The court also shall order any other 
appropriate remedy necessary to return the employee to the position the employee would 
have been in had the employer not violated subsection 2, including payment of back pay 
and reinstatement of any other benefits lost during the period in which the discharge or 
disciplinary action was in effect.
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 a search and rescue operation as a volunteer search and rescuer. This subsection 
applies only if:
A.  The recognized nonprofit search and rescue training organization in charge of 
calling out volunteer search and rescuers has a written policy that:
(1)  Specifies the circumstances under which volunteer search and rescuers will 
be ordered to remain at a search and rescue operation; and
(2)  Affirms that volunteer search and rescuers will be released as soon as 
practicable; and
B.  The employee presents a copy of the policy described in paragraph A to the 
employer upon notifying the employer of the employee's status as a volunteer search 
and rescuer.
6.  Designation as essential.  Upon receiving notice of an employee's volunteer 
search and rescuer 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.
SUMMARY
This bill provides the same protections to volunteer search and rescuers for absences 
from work in responding to search and rescue operations requested by a law enforcement 
agency as volunteer firefighters receive for absences from work in responding to 
emergencies. Under this bill, a volunteer search and rescuer is a person who has been 
certified in search and rescue practices and procedures by a nonprofit search and rescue 
training organization recognized by the Department of Inland Fisheries and Wildlife, 
Bureau of Warden Service.