Emergency Responder Leave: Definition, Eligibility and Employer Obligations

Emergency responder leave is a form of protected leave that allows employees who are volunteer firefighters, emergency services volunteers or other first responders to attend emergencies without being dismissed, disciplined or losing pay. In Australia, the entitlement is embedded in the Fair Work Act 2009 (Cth), which provides protections for volunteer emergency workers. In the US, state-level laws vary, but many states offer similar protections for volunteer firefighters and emergency responders.

Key Takeaways

• The Fair Work Act protects volunteer emergency responders from adverse action for attending emergency duties
• In the US, 12 states have laws protecting volunteer firefighters from losing employment for attending emergency calls
• Employers cannot deduct emergency responder leave from an employee’s personal leave balance or penalise them for responding to emergencies

What Emergency Responder Leave Means for Employers

For employers, emergency responder leave creates both a legal obligation and a practical challenge. The Fair Work Act prohibits employers from taking adverse action against an employee because they are a volunteer emergency responder or because they attended emergency duty. Adverse action includes dismissal, demotion, discrimination and any other detrimental treatment. If an employee is a volunteer firefighter called to a bushfire, the employer cannot dock their pay, require them to use personal leave or treat them less favourably for responding.

The practical challenge is managing the sudden absence of an employee during an emergency. Employers should have clear policies that outline how emergency responder leave works in their organisation, including notification procedures, the process for confirming the employee’s volunteer status and how work will be covered during the absence.

In the US, the Uniformed Services Employment and Reemployment Rights Act (USERRA) provides protections for employees who leave for military service, including emergency deployments. State laws for volunteer firefighter protections vary. California’s Labor Code Section 2303 protects volunteer firefighters from employer retaliation. New York’s General Municipal Law Section 200-m provides similar protections.

Emergency Responder Leave Rules by Region

Country	Rule	Detail
UK	Civil Contingencies Act 2004	No specific statutory leave for emergency responders, but some employers support employees through workplace agreements
AU	Fair Work Act 2009 (Cth) s.524	Employers must not take adverse action against employees who are volunteer emergency responders
US	USERRA and state laws	Federal USERRA protects military leave; 12 states have specific volunteer firefighter protections (e.g. CA, NY, TX)

How Emergency Responder Leave Works in Practice

A Victorian construction company has two employees who are volunteer firefighters with the Country Fire Authority (CFA). During a severe bushfire season, both employees are called to active duty for periods ranging from two to ten days. Under the Fair Work Act, the company continues to pay their ordinary wages during the absence and does not deduct the time from their personal or annual leave balances.

The company’s emergency responder leave policy requires the employees to notify their manager as soon as practicable, provide a copy of the CFA call-out notice and confirm the dates of active duty. The policy also outlines how their work will be redistributed during the absence. Without this policy, managers might have applied leave deductions or required employees to use annual leave, exposing the company to adverse action claims.

Common Mistakes with Emergency Responder Leave

• Deducting emergency responder leave from an employee’s personal or annual leave balance, which is prohibited under the Fair Work Act
• Requiring employees to obtain pre-approval before responding to an emergency, which is impractical and not required
• Failing to maintain records of emergency responder leave, which may be required for compliance audits
• Not having a written policy that outlines the notification and confirmation process for emergency duty
• Treating repeated emergency absences as a performance or attendance issue, which may constitute adverse action

FAQ

What is emergency responder leave?

Emergency responder leave is protected time off for employees who are volunteer emergency responders, such as volunteer firefighters, to attend emergency duties without losing pay or facing adverse employment action.

Is emergency responder leave paid?

In Australia, the Fair Work Act does not explicitly require employers to pay for emergency responder leave, but many employers choose to do so. Some Modern Awards and enterprise agreements include paid provisions. In the US, state laws vary.

Can an employer discipline an employee for attending emergency duty?

No. In Australia, the Fair Work Act prohibits adverse action against employees who attend emergency duty as volunteer responders. Discipline or dismissal for this reason would be a breach of the general protections provisions.