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SPONSOR: |
Rep. Mulrooney |
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Reps. Brady, Buckworth, Carey, Cathcart, Caulk, DiLiberto, DiPinto, B. Ennis, D. Ennis, Ewing, Fallon, Gilligan, Houghton, Lee, Lofink, Plant, Price, Schroeder, Scott, Spence, Thornburg, Valihura, Van Sant, Viola, Wagner, West, Williams; Sens. Amick, Bonini, Cloutier, Connor, Cook, Henry, Marshall, McBride, Simpson, Sorenson, Still, Vaughn, Winslow |
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HOUSE BILL NO. 428 AS AMENDED BY HOUSE AMENDMENT NO. 1 |
AN ACT TO AMEND TITLE 29 RELATING TO THE PROTECTION OF A COVERED VOLUNTEER FIREFIGHTER'S STATE EMPLOYMENT UPON PARTIAL DISABILITY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 51, Title 29 of the Delaware Code by adding thereto a new section, designated as Section 5121, which new section shall read as follows:
"§5121. Leave of absence for covered volunteer firefighters injured in the line of duty.
(a) As used in this section, the following definitions shall apply:
(i) "Covered firefighter" shall mean enrolled firefighters, ladies auxiliary members, and volunteer ambulance and rescue company members in good standing according to the rules of their Delaware volunteer fire company or association.
(ii) "Line of duty", with respect to enrolled firefighters, ladies auxiliary members and volunteer ambulance and rescue company members as defined in subsection (a)(i) of this section, shall mean while traveling to, performing their assigned duties or returning from, a fire alarm, rescue operation or any other emergency volunteer fire company action; provided, however, that the phrases "traveling to" and "returning from" shall include the time encompassed by the firefighter's ladies auxiliary members' or volunteer ambulance and rescue company members' entrance into their personal vehicle or company emergency vehicle in response to the alarm or emergency call until their first disembarkation from their personal vehicle at their home, place of employment or other location.
(iii) "Partial disability" shall mean a medically determined physical or mental impairment that renders a person unable to function in his or her State job.
(b) In the case of any employee of this State who is a covered volunteer firefighter who is injured in the line of duty and suffers a partial disability, the state agency, board, department or other employing officer or agency of this State employing such employee shall grant to such employee an unpaid leave of absence which shall cover the entire period of such employee's partial disability. Upon a determination that the employee no longer suffers a partial disability, such employee shall be reinstated in the position held at the time that such leave of absence was granted, and such employee shall be continued in employment under the same terms and conditions as if such employee had been in the continuous service of such employing agency during the period of the leave of absence."