Volunteer firefighter and emergency services leave is authorised absence from work for employees who serve as volunteer firefighters, emergency responders or members of other volunteer emergency services. It recognises the critical role that volunteer emergency services play in community safety, particularly in regional and rural areas where paid professional services may be limited. In many jurisdictions, employers are required to release employees for volunteer emergency duties and cannot penalise them for responding to emergencies. The entitlement varies by country and state, with some jurisdictions providing paid leave and others requiring unpaid leave with job protection.
Key Takeaways
- Volunteer firefighter leave provides time off for employees responding to emergencies in their volunteer capacity
- In Australia, several states provide paid volunteer emergency services leave under legislation
- Employers cannot dismiss or penalise employees for performing volunteer emergency services duties
What Is Volunteer Firefighter Leave?
Volunteer firefighter leave is absence from work for employees who are called upon to perform their duties as volunteer firefighters or emergency services personnel. This can include responding to fires, natural disasters, medical emergencies, search and rescue operations, and other incidents that require the deployment of volunteer emergency services.
The leave is triggered when the employee receives a callout or alarm and must leave work immediately to attend the emergency. It can also cover scheduled training sessions, equipment maintenance and other duties that are part of the volunteer role. The key characteristic is that the leave is unpredictable — the employee does not know in advance when they will be needed.
Volunteer emergency services are a critical component of community safety infrastructure, particularly in regional and rural areas. In Australia, volunteer firefighters make up a significant proportion of the country’s firefighting capacity, particularly in bushfire-prone areas. In the UK, the retained duty system relies on volunteers who live and work near their fire station and respond to emergencies during their normal working hours. In the US, many rural fire departments are staffed entirely by volunteers.
The purpose of volunteer firefighter leave is to ensure that employees are not disadvantaged in their employment because of their volunteer service. Without legal protections, employers might be reluctant to hire volunteers or might penalise them for responding to emergencies. The leave also supports community safety by ensuring that volunteer emergency services can deploy their workforce quickly and effectively.
Who Is Eligible for Volunteer Firefighter Leave?
United Kingdom
In the UK, the Emergency Volunteering Leave provisions under the Coronavirus Act 2020 provided a framework for emergency volunteering leave, though this was temporary. There is no permanent statutory right to paid volunteer firefighter leave. However, many employers support their employees who volunteer as firefighters, and the Retained Firefighters system allows employers to release employees for emergency duties. The Employment Rights Act 1996 does not specifically cover volunteer firefighter leave, but employers and employees can agree to contractual provisions.
Australia
Several Australian states have specific legislation providing for volunteer firefighter and emergency services leave. In New South Wales, the Industrial Relations Act 1996 provides that volunteers who are members of the State Emergency Service, Rural Fire Service or Volunteer Rescue Association are entitled to leave with pay for emergency duties. In Victoria, the Country Fire Authority Act provides similar protections. The entitlement typically includes paid leave for emergency callouts and training, with the employer able to claim reimbursement from the relevant government authority.
United States
In the US, the Uniformed Services Employment and Reemployment Rights Act (USERRA) covers volunteer firefighters who are members of the National Guard or reserves, but it does not cover purely civilian volunteer firefighters. Several states have enacted volunteer firefighter leave laws. For example, New York’s Volunteer Firefighter Benefits Law provides that employees who are volunteer firefighters are entitled to up to five days of paid leave per year for firefighter duties. California, Texas and other states have similar provisions.
Volunteer Firefighter Leave Entitlements by Country
| Country | Entitlement | Pay | Key Detail |
|---|---|---|---|
| UK | No specific statutory right | Employer-dependent | Retained firefighters system for emergency duties |
| AU (NSW) | Paid leave for emergency duties | Paid at normal rate | Government reimbursement available |
| US (NY) | Up to 5 days paid leave per year | Paid at normal rate | Volunteer Firefighter Benefits Law |
How to Request Volunteer Firefighter Leave
- Notify your employer — inform your employer of your volunteer emergency services role and the potential for callouts.
- Respond to callouts — when an emergency arises, leave work as soon as possible and inform your manager.
- Provide documentation — after the emergency, provide your employer with evidence of your attendance, such as a certificate from the emergency services.
- Report on schedule — for scheduled training or duties, provide advance notice where possible.
- Claim reimbursement if applicable — in jurisdictions where government reimbursement is available, ensure your employer is aware of the process.
Employer Obligations for Volunteer Firefighter Leave
- Release the employee — employers must allow employees to respond to emergency callouts in their volunteer capacity
- Pay during leave — comply with statutory requirements for paying employees during volunteer emergency services leave
- Do not penalise — it is unlawful in many jurisdictions to dismiss or subject employees to detriment for performing volunteer emergency duties
- Claim reimbursement — in jurisdictions with government reimbursement schemes, assist employees in claiming reimbursement for wages paid during leave
- Maintain a supportive culture — recognise and value the contribution of employees who volunteer as emergency responders
Common Mistakes
- Penalising employees for responding to emergency callouts through informal pressure or schedule changes
- Not having a policy for volunteer firefighter leave, leading to inconsistent decisions
- Failing to claim government reimbursement for wages paid during volunteer emergency services leave
- Applying absence management triggers to volunteer emergency services absences
- Not recognising that volunteer emergency services leave applies to all volunteer emergency services, not just firefighting
FAQ
What is volunteer firefighter leave?
Volunteer firefighter leave is time off work for employees who serve as volunteer firefighters or emergency responders and need to attend emergencies, training or other duties in their volunteer capacity. The entitlement varies by jurisdiction, with statutory provisions in several Australian states and US states.
Is volunteer firefighter leave paid?
In many jurisdictions, yes. In New South Wales, employees are entitled to paid leave for volunteer emergency services duties. In New York, employees can access up to five days of paid leave per year. In the UK, there is no specific statutory right to paid volunteer firefighter leave, but many employers provide it as a contractual benefit.
Can I leave work immediately for an emergency callout?
Yes. When a volunteer firefighter receives a callout, they should leave work as soon as possible and inform their manager. The nature of emergency services means that advance notice is not always possible, and employers should understand this.
Does this leave apply to other emergency services?
Yes. Volunteer firefighter leave provisions typically extend to other volunteer emergency services, including the State Emergency Service, Volunteer Rescue Association and St John Ambulance. Check your jurisdiction’s legislation for the full list of covered organisations.
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