Chapter 16

COL031420124 GCA PUBLIC OFFICERS & EMPLOYEES CH. 16 DISASTER SERVICE VOLUNTEER LEAVE ACT 1CHAPTER 16 DISASTER SERVICE VOLUNTEER LEA VE ACT SOURCE : Entire chapter added by P.L. 27-59:1 (12/19/2003 ), amended by P.L. 31-185:2 (Feb. 27, 2012). § 16101. Legislative Intent. § 16102. Nomenclature of Act. § 16103. Definitions. § 16104. Disaster Service V olunteer Leave. § 16105. Certification as a Certified Disaster Serv ice Volunteer. § 16106. Private Sector Employees. § 16101. Legislative Intent. I Liheslaturan Guåhan [the Guam Legislature] finds and recognizes that the American Red Cross and other non-governmen tal organizations (NGOs), as well as faith-based member organizations , have a long tradition of humanitarian service. Guam has been assisted by the American Red Cross during times of disasters in addition to humanitari an assistance involving finding or locating relatives, along with blood dri ves. Our island has also been the recipient of assistance provided by variou s NGOs and faith-based member organizations, whether during a declared dis aster or in response to a humanitarian need.

ri ves. Our island has also been the recipient of assistance provided by variou s NGOs and faith-based member organizations, whether during a declared dis aster or in response to a humanitarian need. In response to an increasing num ber of disasters in recent years, and in response to their rising costs, sever al states have enacted legislation authorizing paid leave for government e mployees who volunteer for American Red Cross disaster operations. Often, government employees possess skills that can be transferred to disaster operations, including shelter management, mass feeding, damage assessment and fam ily services. This Act allows government employees a maximum of fiftee n (15) days paid leave during a twelve (12)-month period, without lo ss of seniority, vacation time, sick leave, or earned overtime accumulation. I Liheslaturan Guåhan [the Legislature] further finds that it is essentia l that the government of Guam allows for its employees to request for disast er leave during periods of disasters and humanitarian need assisting the Ameri can Red Cross, other NGOs and faith-based member organizations. § 16102. Nomenclature of Act.

yees to request for disast er leave during periods of disasters and humanitarian need assisting the Ameri can Red Cross, other NGOs and faith-based member organizations. § 16102. Nomenclature of Act. This Chapter may be cited as the Disaster Service Volunteer Leave Act . COL031420124 GCA PUBLIC OFFICERS & EMPLOYEES CH. 16 DISASTER SERVICE VOLUNTEER LEAVE ACT 2§ 16103. Definitions. As used in this Chapter, unless the context indicates a different intent: (a) Department or agency means any office, officer, official, department, board, commission, institution, bureau, agency, division or unit of the government of Guam, including those wit hin the legislative and judicial branches of the government of Guam. (b) Disaster means a local disaster designated at level 1 or hi gher in the American National Red Cross Regulations and Procedures, or a national disaster at level III or higher in the Ame rican National Red Cross Regulations. (c) Certified disaster service volunteer or volunteer means any person who has completed the necessary training for and has been certified as a disaster service specialist by the A merican Red Cross, the Guam Office of Homeland Security or Office of Civil

ans any person who has completed the necessary training for and has been certified as a disaster service specialist by the A merican Red Cross, the Guam Office of Homeland Security or Office of Civil Defense. (d) Registered Organization means a non-governmental organization, or a faith-based organization, that h as been recognized by the Guam Office of Homeland Security or Office of C ivil Defense as possessing the abilities to provide certain forms o f assistance following a declared disaster, or in response to an immediate humanitarian need. § 16104. Disaster Service Volunteer Leave. (a) An employee of an agency who is a certified dis aster service volunteer may be granted leave from work with pay, in accordance with Subsection (b) infra, for up to an aggregate of fifteen (15) days, consecutively or non-consecutively, in any twelve ( 12)-month period to participate in specialized disaster relief services for the American Red Cross, or an NGO or faith-based member organization regist ered with the Guam Office of Homeland Security or Office of Civil Defe nse in connection with any disaster, upon the request of the American Red Cross or any registered organization for such

n regist ered with the Guam Office of Homeland Security or Office of Civil Defe nse in connection with any disaster, upon the request of the American Red Cross or any registered organization for such employee's services and upon the approval of such employee's employing agency. (b) An employee of an agency granted leave pursuant to Subsection (a) of this Section shall be compensated by the employee's employing agency at the employee's regular rate of pay for those reg ular work hours during which the employee is absent from work, but shall not receive overtime pay, shift differential pay, hazardous duty pay or any o ther form of pay or COL031420124 GCA PUBLIC OFFICERS & EMPLOYEES CH. 16 DISASTER SERVICE VOLUNTEER LEAVE ACT 3compensation in addition to the employee's regular pay. An employee of an agency who is granted leave pursuant to Subsection (a) of this Section shall not lose any seniority or any already accumulated vaca tion time, sick time or earned overtime due to such leave. (c) The government of Guam shall not be liable for workers compensation claims arising from accident or injury while an employee is on assignment as a certified disaster service voluntee r for the

e. (c) The government of Guam shall not be liable for workers compensation claims arising from accident or injury while an employee is on assignment as a certified disaster service voluntee r for the American Red Cross, or a registered organization. Duties perform ed while on disaster leave shall not be considered to be a work assignment by any depar tment or agency. In determining whether to grant leave to an employee, the employee’s employing agency may consider the needs of the American Red Cross, or the requesting registered organization, f or expertise in a particular certified area. The employee's activities and job f unctions while on leave, however, shall not be directed by the government of Guam, but shall be determined and controlled solely by the American Red Cross, or the registered organization. (d) An employee who is on leave pursuant to this Se ction shall not be deemed to be an employee of the government of Guam for purposes of the Government Claims Act of Chapter 6, of Title 5 of t he Guam Code Annotated. § 16105. Certification as a Certified Disaster Serv ice Volunteer.

n employee of the government of Guam for purposes of the Government Claims Act of Chapter 6, of Title 5 of t he Guam Code Annotated. § 16105. Certification as a Certified Disaster Serv ice Volunteer. No employee shall be paid during regular work hours in the completion of any training towards a certification as a disast er service volunteer, unless such employee uses personal or annual leave. § 16106. Private Sector Employees. (a) An employee of any private sector business who is a certified disaster service volunteer may be granted leave fro m work with pay, in accordance with Subsection (b) infra, for up to an aggregate of fifteen (15) days, consecutively or non-consecutively, in any tw elve (12)-month period to participate in specialized disaster relief services for the American Red Cross, or an NGO or faith-based member organization regist ered with the Guam Office of Homeland Security or Office of Civil Defe nse in connection with any disaster, upon the request of the American Red Cross, or the registered organization, for such employee's services and upon the approval of such employee's employing company. COL031420124 GCA PUBLIC OFFICERS & EMPLOYEES CH.

st of the American Red Cross, or the registered organization, for such employee's services and upon the approval of such employee's employing company. COL031420124 GCA PUBLIC OFFICERS & EMPLOYEES CH. 16 DISASTER SERVICE VOLUNTEER LEAVE ACT 4(b) An employee of any private sector business gran ted leave pursuant to Subsection (a) of this Section shall be compensated by the employee's employing company at the employee's regular rate of pay for those regular work hours during which the employee is absent from work, but shall not receive overtime pay, shift differential pay, hazar dous duty pay or any other form of pay or compensation in addition to the empl oyee's regular pay. An employee of any private sector business who is gran ted leave pursuant to Subsection (a) of this Section shall not lose any seniority or any already accumulated vacation time, sick time or earned over time due to such leave. (c) The employing company shall not be liable for workers compensation claims arising from accident or injury while an employee is on assignment as a certified disaster service voluntee r for the American Red Cross, or a registered organization.

for workers compensation claims arising from accident or injury while an employee is on assignment as a certified disaster service voluntee r for the American Red Cross, or a registered organization. Duties perform ed while on disaster leave shall not be considered to be a work assignment by its emplo ying company. In determining whether to grant leave to an employe e, the employee's employing company may consider the needs of the Ame rican Red Cross, or the requesting registered organization, for experti se in a particular certified area. The employee's activities and job functions w hile on leave, however, shall not be directed by its employing company, but shall be determined and controlled solely by the American Red Cross, or the registered organ ization. ----------