AI-assisted research summary: Certain emergency-service members may take unpaid leave when a state of emergency is declared, and employers cannot force them to use vacation or accrued leave.
I. When the governor or the general court declares a state of emergency under RSA 4:45, a member of a fire department, rescue squad, or emergency medical services agency who is called into service of the state or a political subdivision shall have the right to take leave without pay from his or her place of employment to respond to the emergency. No employer shall require an employee to use or exhaust his or her vacation or other accrued leave for the period of emergency service. The employee may choose to take vacation or other accrued leave for the period of emergency service. II. A firefighter, rescue squad member, or emergency medical services member shall be called into service of the state or a political subdivision for purposes of this subdivision when his or her services are requested in writing by the director of emergency services, communications, and management or by the head of a local organization for emergency management established under RSA 21-P:39. The request shall be directed to the chief of the member's fire department, rescue squad, or emergency medical services agency and a copy shall be provided to the member's employer. III. An employer may certify to the director of emergency services, communications, and management or to the head of the local emergency management agency that the employee is essential to the employer's own emergency or disaster relief activities. Such certification shall exempt an employee from the provisions of this subdivision. Source: Source. 2006, 304:1, eff. June 19, 2006.