(1) An employer shall not terminate an employee who is a volunteer firefighter and who fails to report to work because the employee has responded to an emergency summons if the employee provides the employer with a written statement from the chief of the fire department that the employee's absence was due to the response.
(1.5) An employer shall not terminate an employee who is a volunteer firefighter and who leaves work to respond to an emergency summons, if:
The employer does not deem the employee to be essential to the operation of theemployer's daily enterprise;
The employer has previously received written documentation from the fire chief ofthe employee's fire department notifying the employer of the employee's status as a volunteer firefighter;
The emergency is within the response area of the employee's fire department and isof such magnitude that the emergency summons issued by the fire chief requires all firefighters to respond; and
The chief of the employee's fire department provides the employer with a writtenstatement verifying the time, date, and duration of the employee's response.
An employer may deduct time lost from employment caused by a response to anemergency summons from the wages of an employee who is a volunteer firefighter.
Notwithstanding the provisions of this section, if a volunteer firefighter is called toan emergency pursuant to part 8 of article 33.5 of title 24, C.R.S., the provisions of section 2433.5-825 or 24-33.5-826, C.R.S., shall control regarding the volunteer firefighters absence or leave from work. Under no circumstances shall a volunteer firefighter's leave exceed the amount allowed pursuant to section 24-33.5-825 or 24-33.5-826, C.R.S.
Source: L. 95: Entire part added, p. 1380, § 2, effective June 5. L. 2008: Entire section amended, p. 339, § 2, effective April 8. L. 2013: (3) amended, (HB 13-1300), ch. 316, p. 1695, § 100, effective August 7.
Cross references: For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 109, Session Laws of Colorado 2008.