Who is not familiar with the name of Benjamin Franklin, a noted writer, inventor and diplomat.40 years before the declaration of Independence of the State of America, Benjamin Franklin organized the first ever volunteer brigade. He organized the first volunteer fire fighting company in Phildelphia, America in 1736. It was named Union Fire Company. They idea of volunteer fire fighters spread rapidly and similar companies were formed in other colonies of America. The fire fighters had to be financially strong because they have to provide for the equipment of the firefighting. As the time passed and the awareness increased related to the importance of fire fighters, the large U.S. cities have now hired fully trained fire-fighters organization but in rural areas the situation is still the same. The volunteer fire fighters are still working there and performing their duties (Markley).
Wisconsin Legislative document, provides a comprehensive understanding of the police and fire fighter laws in the chapter 213 of the Wisconsin Legislative document.
The Senate Bill 308 was presented to the assembly and senate in 2009 includes the Wisconsin Act 140 which is related to the volunteer fire fighter workings and cases of their absence from the duty. It present the requirements for the volunteer fire fighters, first respondents, emergency technicians, emergency medical technicians, driver or ambulance service provider for the conditions to be late or absent from the service that should only be in the case if the employee is responding to some emergency situation that occur before he reaches the work(Wisconsin Act 140).
There are different sections of the Act which describe the details of the Act. Section 103.88 gives definitions of the volunteer firefighters, emergency medical technicians first responder and ambulance drivers.
According to the Act ;
- Ambulance service provider: a person who shall be responsible for delivering and transporting the sick people or the disabled or injured through ambulance to the nearest health service institute or to the hospital.
- Emergency Medical technician: a person who has a license from the department and is expert in providing the basic life support and can handle the sick or disabled or the injured properly and safely.
- First Responder: is a person certified under the section 256.15(8)(a), by the department. He is the one who provides the basic medical care before hospitalization, provides emergency medical care to the sick or injured or disabled before the arrival of the ambulance.
- Emergency: is any such situation which imposes an obvious threat to the life or health or property of the people.
- Employee: as defined in the section 940.20(7)(a)1g, a person who is employed by the employer for any emergency state but is not directly involved in the provision of health care unit or working of the emergency department.
- Public agency: the meaning of public agency has been specified in section 256.15(1)(n).
- Responding to an emergency situation: it involves reaching, attending, and returning from an emergency situation in a timely manner.
It’s the duty of the employer to permit an above mentioned employee, if he is late or absent from work and the lateness or absence is due to attending to an emergency situation that happened before he respond or reach to work and if he comply with sub section (3)(a). According to this subsection the employee shall not be given the wages for the time he is absent from the work due to an emergency situation.
Under sub section (2) the employee shall be considered late from work under following conditions;
- If the employee does not submit a written statement to the employer regarding his membership, signed by the head of volunteer fire fighter department or the in charge of the emergency department or to the fire department chief within 30 working days after becoming a member of the team of volunteer fire fighters, emergency medical technician or first respondent or ambulance driver.
- When faced with an emergency situation, tries and makes every possible effort to communicate to the employer the reason for his lateness or if its not possible to make prior notification due to some extreme cases, not able to submit a written and signed statement by the chief of the emergency department, head of fire fighter department or in charge of ambulance service provider.
- (b)under sub section to the change in status of the employee as a member of the volunteer fire department, emergency service provider or ambulance driver changes including the termination from the status , it should be immediately notified to the employer in form of written statement(Wisconsin Act140).
Prohibited Acts:
(a)No person is allowed to prohibit or restrain the right of the of the employee to respond to an emergency situation according to the Sub section(2)
(b) No person should develop an attitude of discrimination or discharge against an employee in any area of official working such as compensations, promotions , etc. just for responding to the emergency situation according to sub section(2)(Wisconsin Act 140).
Enforcement:
In case of any of the violations of the rights of the employee by the employer due to responding to an emergency situation under subsection (2),(4)a or (4) b , the employee is eligible to file a complaint against the relevant department and these complaints should be processed in the same way as discrimination in employment are processed under the section 111.39.In case of violation of the sub section 4(a) or 4 (b) by the employer, the order should be given to the employer to compensate for or to remedy the violation.(Wisconsin Act 140).
Works cited
Markley,R.J. America’s Volunteer firfighters.2011. Web. 1st December. 2012.
Police and fir fighter services.Chapter 213 of Wisconsin Legislative Document.Web.1st December.2012.
Wisconsin Act 140.Senate Bill 308.State of Wisconsin. 2009. Web. 1st December. 2012.