Volunteer firefighter and emergency services leave is time off granted to employees who serve as volunteer firefighters, emergency medical technicians (EMTs), paramedics, or other volunteer emergency responders and need to respond to emergency calls or attend required training. In the US, approximately 65% of all firefighters are volunteers, and many hold full-time civilian jobs alongside their emergency service duties (National Fire Protection Association, 2024). These volunteers protect communities, but their dual roles create scheduling challenges that require clear legal protections and employer cooperation.
If you are a volunteer firefighter or emergency responder balancing two commitments, understanding your leave rights ensures you can serve your community without jeopardising your livelihood.
Key Takeaways
- Volunteer firefighter leave provides time off for emergency calls, training, and drills for employees who serve as volunteer first responders.
- Most US states have laws requiring employers to release volunteer firefighters for emergency duty without penalty.
- USERRA provides additional federal protections for employees who serve in the National Guard or military reserves, including state defence forces.
- Employers cannot dismiss, discipline, or retaliate against employees for performing volunteer emergency services.
- Pay during volunteer firefighter leave varies: some states require paid leave, others mandate unpaid leave, and some leave it to employer discretion.
What Is Volunteer Firefighter Leave?
Volunteer firefighter leave is a statutory or employer-provided entitlement that allows employees who serve as volunteer emergency responders to leave work when called to an emergency or required to attend training. This leave covers:
- Emergency call-outs — Responding to fires, medical emergencies, hazardous material incidents, natural disasters, and other incidents requiring volunteer responders.
- Training and drills — Attending required training sessions, certifications, and fire department drills.
- Standby duty — Being on-call for potential emergency responses.
- Special events — Participating in community safety events, public education, or fire prevention programmes.
The leave is distinct from military leave or jury leave. Volunteer firefighters serve in a civilian capacity — they are not military personnel — but the nature of their duty (life-saving emergency response) has prompted legislatures across the US to provide robust legal protections.
State Laws: How Each State Handles It
US state laws on volunteer firefighter leave vary significantly. Here is a summary of the main approaches:
States Requiring Paid Leave
These states require employers to pay employees during volunteer emergency service leave:
| State | Paid/Unpaid | Hours Per Year | Notes |
|---|---|---|---|
| California | Paid | Varies by employer size | Applies to employers with 50+ employees |
| Colorado | Paid | Up to 15 days | Applies to all employers |
| Connecticut | Paid | Up to 15 days | For firefighters and EMTs |
| Maryland | Paid | Varies | Applies to volunteer firefighters and rescue workers |
| New York | Paid | Varies | Employers may offset with fire department pay |
| Pennsylvania | Paid | Up to 15 days | Applies to volunteer firefighters |
| Virginia | Paid | Up to 12 days | Applies to volunteer firefighters and EMTs |
States Requiring Unpaid Leave
Many states require employers to release volunteer firefighters but do not mandate pay:
- Florida, Georgia, Illinois, Michigan, Missouri, New Jersey, North Carolina, Ohio, Tennessee, Texas, and others provide unpaid leave protections with varying hour limits and notice requirements.
States With No Specific Law
A minority of states — including Alabama, Mississippi, and South Dakota — have no specific volunteer firefighter leave statute. In these states, whether you receive time off is entirely at your employer’s discretion, though USERRA may still apply if you serve in a military reserve capacity.
Federal Protections: USERRA
The Uniformed Services Employment and Reemployment Rights Act (USERRA) primarily covers military service, but it can apply to volunteer emergency responders in certain circumstances:
- State Defence Forces — If you serve in a state defence force (a military unit under state authority that supplements the National Guard), USERRA protections apply to your employment.
- National Guard activation — When volunteer firefighters are activated as National Guard members for disaster response, USERRA provides full employment protection, including reemployment rights, health insurance continuation, and protection from discrimination.
USERRA does not cover purely civilian volunteer firefighter service. For that, you rely on your state’s specific volunteer emergency services leave law.
Employer Obligations
If your state requires volunteer firefighter leave, your employer must:
- Release you for emergency calls. You must be allowed to leave work when activated by your fire department or emergency services agency. You cannot be penalised for responding to an emergency.
- Maintain your employment. You cannot be dismissed, demoted, or disciplined for responding to an emergency call or attending required training.
- Pay you (in states that require it). If your state mandates paid volunteer firefighter leave, your employer must continue your normal pay during the leave period.
- Allow access to training. You must be able to attend required training sessions and certifications. Employers cannot deny leave for training because it is “not an emergency.”
What Employers Can Do
While employers cannot penalise volunteer firefighters, they can:
- Require reasonable notice when the absence is for non-emergency training or drills.
- Request documentation from the fire department confirming the employee’s activation or attendance.
- Coordinate scheduling where possible to minimise disruption (for example, aligning training schedules with shift patterns).
Frequently Asked Questions
Can my employer fire me for being a volunteer firefighter?
No — in most states, it is unlawful to dismiss or penalise an employee for performing volunteer emergency services. Approximately 45 states have specific volunteer firefighter leave laws that prohibit adverse employment action. Even in states without specific statutes, retaliation for emergency service could create legal liability.
Is volunteer firefighter leave paid or unpaid?
It depends on your state. States like California, Colorado, Connecticut, Maryland, New York, Pennsylvania, and Virginia require paid leave for volunteer firefighters. Many other states require unpaid leave. If your state has no specific law, your employer decides whether to offer paid leave.
How many days of volunteer firefighter leave am I entitled to?
Most states that mandate volunteer firefighter leave provide 10–15 days per year. The exact entitlement varies by state and employer size. Emergency call-outs are typically unlimited, while training-related leave may be capped.
Does USERRA apply to volunteer firefighters?
USERRA applies to military service, including National Guard and state defence forces. It does not cover purely civilian volunteer firefighter service. However, if you are activated as a National Guard member for disaster response, USERRA provides full employment protection.
What if my employer pressures me to stop volunteering?
Pressuring an employee to resign from volunteer emergency services is unlawful in most states. This includes threats, demotion, reduced hours, or other adverse actions. If your employer pressures you, document the interaction, consult your state’s fire service association, and consider seeking legal advice.
This article is general information, not legal advice. Consult a qualified employment lawyer for guidance on your specific jurisdiction and circumstances.
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