Employers should be aware that employees who volunteer as firefighters, emergency medical technicians (EMTs) or other emergency responders may be entitled to job-protected leave under state law. There is no federal law requiring employers to provide leave for volunteer first responder duties, but a growing number of states have enacted protections that can affect employers’ leave, attendance and disciplinary policies.

While the Fair Labor Standards Act (FLSA) addresses overtime and wage protections for first responders, it does not create any leave entitlement for employees who serve as volunteer firefighters, EMTs, or other emergency responders. Protection for volunteer first responders is instead a patchwork of state laws. 

Roughly half of states provide unpaid, job-protected leave that prohibits employers from terminating or disciplining employees for absences related to emergency response. Alabama, Colorado, Connecticut, Delaware, Illinois, Indiana, Kentucky, Maine, Massachusetts, Missouri, Montana, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, and Wisconsin provide this unpaid leave for volunteer firefighters and/or EMS providers. Some states, including California, Washington, West Virginia, and Nebraska explicitly extend this protection to Civil Air Patrol members.

A few states even require paid leave, albeit in limited circumstances. Louisiana, for example, requires paid leave for certified volunteer firefighters employed by the state. Minnesota and Virginia also provide paid leave for state employees.

Be advised the finer details of these laws — such as coverage duration, triggering events, employer-required use of PTO, notice, and workers’ comp liability shifting — differ from state to state. For example, Illinois recently enacted a law (HB1353; Public Act 104-0581), effective Jan. 1, 2027, prohibiting employers from requiring volunteer emergency workers to use accrued PTO to respond to emergencies or participate in required training.

Employers should sit down with experienced counsel to audit their handbook and leave policies. These reviews should ensure policies account for the specific protections in every state where they have employees, including notice and documentation requirements, essential-employee carve-outs, and whether leave is paid or unpaid. Employers should pair this with training for supervisors and managers so that a well-intentioned volunteer is not inadvertently disciplined for doing exactly what the law protects them to do. A proactive review today is far less costly than a retaliation claim tomorrow.