§ 166A‑17. Leave options for voluntaryfirefighters, rescue squad workers, and emergency medical service personnelcalled into service.
(a) A member of a volunteer fire department, rescue squad, oremergency medical services agency called into service of the State after aproclamation of a state of disaster by the Governor or by the General Assembly,or upon the activation of the State Emergency Response Team in response to adisaster or emergency, shall have the right to take leave without pay from his orher civilian employment. No member of a volunteer fire department, rescuesquad, or emergency medical services agency shall be forced to use or exhausthis or her vacation or other accrued leave from his or her civilian employmentfor a period of active service. The choice of leave shall be solely within thediscretion of the member.
(b) For the volunteer member to be entitled to take leavewithout pay pursuant to this section, his or her services shall be requested inwriting by the Director of the Division of Emergency Management or by the headof a local Emergency Management Agency. The request shall be directed to theChief of the member's volunteer fire department, rescue squad, or emergencymedical services agency and a copy shall be provided to the member's employer.This section shall not apply to those members whose services have beencertified by their employer to the Director of the Division of EmergencyManagement, or to the head of a local Emergency Management Agency, as essentialto the employer's own on‑going emergency or disaster relief activities.
(c) For purposes of this section, a disaster or emergencyrequiring the activation of the State Emergency Response Team means a disasteror emergency at Activation Level 2 or greater according to the North CarolinaState Emergency Operations Plan of November 2002. Activation Level 2 requiresthe State Emergency Operations Center to be fully activated with 24‑hourstaffing from all State Emergency Response Team members.
(d) The Commissioner of Labor shall enforce the provisions ofthis section pursuant to Chapter 95 of the General Statutes. (2003‑103, s. 1.)
§ 166A‑17. Leave options for voluntaryfirefighters, rescue squad workers, and emergency medical service personnelcalled into service.
(a) A member of a volunteer fire department, rescue squad, oremergency medical services agency called into service of the State after aproclamation of a state of disaster by the Governor or by the General Assembly,or upon the activation of the State Emergency Response Team in response to adisaster or emergency, shall have the right to take leave without pay from his orher civilian employment. No member of a volunteer fire department, rescuesquad, or emergency medical services agency shall be forced to use or exhausthis or her vacation or other accrued leave from his or her civilian employmentfor a period of active service. The choice of leave shall be solely within thediscretion of the member.
(b) For the volunteer member to be entitled to take leavewithout pay pursuant to this section, his or her services shall be requested inwriting by the Director of the Division of Emergency Management or by the headof a local Emergency Management Agency. The request shall be directed to theChief of the member's volunteer fire department, rescue squad, or emergencymedical services agency and a copy shall be provided to the member's employer.This section shall not apply to those members whose services have beencertified by their employer to the Director of the Division of EmergencyManagement, or to the head of a local Emergency Management Agency, as essentialto the employer's own on‑going emergency or disaster relief activities.
(c) For purposes of this section, a disaster or emergencyrequiring the activation of the State Emergency Response Team means a disasteror emergency at Activation Level 2 or greater according to the North CarolinaState Emergency Operations Plan of November 2002. Activation Level 2 requiresthe State Emergency Operations Center to be fully activated with 24‑hourstaffing from all State Emergency Response Team members.
(d) The Commissioner of Labor shall enforce the provisions ofthis section pursuant to Chapter 95 of the General Statutes. (2003‑103, s. 1.)
§ 166A‑17. Leave options for voluntaryfirefighters, rescue squad workers, and emergency medical service personnelcalled into service.
(a) A member of a volunteer fire department, rescue squad, oremergency medical services agency called into service of the State after aproclamation of a state of disaster by the Governor or by the General Assembly,or upon the activation of the State Emergency Response Team in response to adisaster or emergency, shall have the right to take leave without pay from his orher civilian employment. No member of a volunteer fire department, rescuesquad, or emergency medical services agency shall be forced to use or exhausthis or her vacation or other accrued leave from his or her civilian employmentfor a period of active service. The choice of leave shall be solely within thediscretion of the member.
(b) For the volunteer member to be entitled to take leavewithout pay pursuant to this section, his or her services shall be requested inwriting by the Director of the Division of Emergency Management or by the headof a local Emergency Management Agency. The request shall be directed to theChief of the member's volunteer fire department, rescue squad, or emergencymedical services agency and a copy shall be provided to the member's employer.This section shall not apply to those members whose services have beencertified by their employer to the Director of the Division of EmergencyManagement, or to the head of a local Emergency Management Agency, as essentialto the employer's own on‑going emergency or disaster relief activities.
(c) For purposes of this section, a disaster or emergencyrequiring the activation of the State Emergency Response Team means a disasteror emergency at Activation Level 2 or greater according to the North CarolinaState Emergency Operations Plan of November 2002. Activation Level 2 requiresthe State Emergency Operations Center to be fully activated with 24‑hourstaffing from all State Emergency Response Team members.
(d) The Commissioner of Labor shall enforce the provisions ofthis section pursuant to Chapter 95 of the General Statutes. (2003‑103, s. 1.)
