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Emergency Law Inventory | Full Law Text

Law Number

4 GCA 16104

Summary Title

Workers' Benefits: Public Sector Disaster Service Volunteer Leave

Summary

An employee of an agency, who is a certified disaster service volunteer, can be granted leave with pay to provide aid to disaster relief services for the American Red Cross, a nongovernmental organization, or a registered faith based organization. This is limited to 15 days in a 12 month period either consecutively or nonconsecutively .

Full Title

Disaster Service Volunteer Leave

Full Text

 (a) An employee of an agency who is a certified disaster 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 nonconsecutively , 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 registered with the Guam Office of Homeland Security or Office of Civil Defense 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 regular work hours during which the employee is absent from work, but shall not receive overtime pay, shift differential pay, hazardous duty pay or any other form of pay or compensation 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 vacation 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 volunteer for the American Red Cross, or a registered organization. Duties performed while on disaster leave shall not be considered to be a work assignment by any department 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, for expertise in a particular certified area. The employee's activities and job functions 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 Section 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 the Guam Code Annotated.