SENATE DOCKET, NO. 2708        FILED ON: 7/22/2010

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2563

The Commonwealth of Massachusetts

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In the Year Two Thousand Ten

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An Act relative to the state wildfire team.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 149 of the General Laws is hereby amended by inserting after section 52A½ the following section:-

Section 52A¾. Whoever, in order to serve as a member of the state wildfire team within the department of recreation and conservation, leaves a position in the employ of the commonwealth or of any city or town, other than a temporary position, shall be entitled to be restored to his previous, or a similar, position with the same status, pay and seniority. The employee’s right to receive normal vacation, sick leave, bonus, advancement or other advantages of his employment normally to be anticipated in such employment position shall not be affected thereby; provided, however, that such absence shall not exceed 21 days in the aggregate in any 1 calendar year; such member shall have provided advance notice, as reasonably practicable under the circumstances, to his employer as to the date of departure and the date of return for the purposes of serving as a member of the state wildfire team; and such member remains qualified to perform the duties of such position with such employer.  Any member’s absence which entitles the employee to restored employment status shall be construed as an absence with leave and, within the discretion of the employer, such leave may be a paid leave or not.