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Section: 320.0336 Termination from employment prohibited, when--loss of pay permitted, when--written verification of service permitted--employer notification requirements. RSMO 320.336


Published: 2015

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Missouri Revised Statutes













Chapter 320

Fire Protection

←320.333

Section 320.336.1

320.339→

August 28, 2015

Termination from employment prohibited, when--loss of pay permitted, when--written verification of service permitted--employer notification requirements.

320.336. 1. No public or private employer shall terminate an employee

for joining any fire department or fire protection district, including but not

limited to any municipal, volunteer, rural, or subscription fire department or

organization or any volunteer fire protection association, as a volunteer

firefighter, or the Missouri-1 Disaster Medical Assistance Team, Missouri Task

Force One, or Urban Search and Rescue Team, or being activated to a national

disaster response by the Federal Emergency Management Agency (FEMA).



2. No public or private employer shall terminate an employee who is a

volunteer firefighter, a member of Missouri-1 Disaster Medical Assistance

Team, Missouri Task Force One, or Urban Search and Rescue Team because the

employee, when acting as a volunteer firefighter, or as a member of Missouri-1

Disaster Medical Assistance Team, Missouri Task Force One, Urban Search and

Rescue Team, or FEMA is absent from or late to his or her employment in order

to respond to an emergency before the time the employee is to report to his or

her place of employment.



3. An employer may charge against the employee's regular pay any

employment time lost by an employee who is a volunteer firefighter, or a

member of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force

One, Urban Search and Rescue Team, or FEMA because of the employee's response

to an emergency in the course of performing his or her duties as a volunteer

firefighter, or a member of Missouri-1 Disaster Medical Assistance Team,

Missouri Task Force One, Urban Search and Rescue Team, or FEMA.



4. In the case of an employee who is a volunteer firefighter, or a

member of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force

One, Urban Search and Rescue Team, or FEMA and who loses time from his or her

employment in order to respond to an emergency in the course of performing his

or her duties as a volunteer firefighter, or a member of Missouri-1 Disaster

Medical Assistance Team, Missouri Task Force One, Urban Search and Rescue

Team, or FEMA, the employer has the right to request the employee to provide

the employer with a written statement from the supervisor or acting supervisor

of the volunteer fire department or the commander of Missouri-1 Disaster

Medical Assistance Team or the FEMA supervisor stating that the employee

responded to an emergency and stating the time and date of the emergency.



5. An employee who is a volunteer firefighter, or a member of Missouri-1

Disaster Medical Assistance Team, Missouri Task Force One, Urban Search and

Rescue Team, or FEMA and who may be absent from or late to his or her

employment in order to respond to an emergency in the course of performing his

or her duties as a volunteer firefighter, or a member of Missouri-1 Disaster

Medical Assistance Team, Missouri Task Force One, Urban Search and Rescue

Team, or FEMA shall make a reasonable effort to notify his or her employer

that he or she may be absent or late.



(L. 2007 S.B. 47, A.L. 2008 H.B. 1883)





2007



2007



320.336. 1. No public or private employer shall terminate an

employee for joining any fire department or fire protection district,

including but not limited to any municipal, volunteer, rural, or

subscription fire department or organization, a volunteer fire protection

association, as a volunteer firefighter, Missouri-1 Disaster Medical

Assistance Team, Missouri Task Force One, or Urban Search and Rescue Team.



2. No public or private employer shall terminate an employee who is a

volunteer firefighter, a member of Missouri-1 Disaster Medical Assistance

Team, Missouri Task Force One, or Urban Search and Rescue Team because the

employee, when acting as a volunteer firefighter, a member of Missouri-1

Disaster Medical Assistance Team, Missouri Task Force One, or Urban Search

and Rescue Team is absent from or late to his or her employment in order to

respond to an emergency before the time the employee is to report to his or

her place of employment.



3. An employer may charge against the employee's regular pay any time

that an employee who is a volunteer firefighter, a member of Missouri-1

Disaster Medical Assistance Team, Missouri Task Force One, or Urban Search

and Rescue Team loses from employment because of the employee's response to

an emergency in the course of performing his or her duties as a volunteer

firefighter, a member of Missouri-1 Disaster Medical Assistance Team,

Missouri Task Force One, or Urban Search and Rescue Team.



4. In the case of an employee who is a volunteer firefighter, a

member of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force

One, or Urban Search and Rescue Team and who loses time from his or her

employment in order to respond to an emergency in the course of performing

his or her duties as a volunteer firefighter, a member of Missouri-1

Disaster Medical Assistance Team, Missouri Task Force One, or Urban Search

and Rescue Team, the employer has the right to request the employee to

provide the employer with a written statement from the supervisor or acting

supervisor of the volunteer fire department or the commander of Missouri-1

Disaster Medical Assistance Team stating that the employee responded to an

emergency and stating the time and date of the emergency.



5. An employee who is a volunteer firefighter, or a member of

Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One, or

Urban Search and Rescue Team and who may be absent from or late to his or

her employment in order to respond to an emergency in the course of

performing his or her duties as a volunteer firefighter, or a member of

Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One, or

Urban Search and Rescue Team shall make a reasonable effort to notify his

or her employer that he or she may be absent or late.



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