Interjurisdictional Variance in US Workers’ Benefits for Emergency Response Volunteers

Abstract

Volunteers who are deployed during times of disaster are critical public health system assets. These individuals share concerns about a variety of subjects with public health law implications, including whether they are entitled to employment benefits before, during, and after disaster response. We examined and analyzed state employment benefit laws pertaining to emergency response volunteers. We used the Emergency Law Inventory (ELI; https://legalinventory.pitt.edu )—an informatics tool developed at the University of Pittsburgh Graduate School of Public Health that contains more than 1300 statutory and regulatory provisions affecting volunteer activities—to access certain employment laws in 60 jurisdictions. Analyses of the laws revealed that fewer than half of the jurisdictions have laws that protect seniority, vacation time, sick time, or overtime privileges. Additionally, there is tremendous variance and lack of uniformity among the jurisdictions concerning employment status requirements, geographic constraints, time limitations, and economic impacts. Major disasters often necessitate interjurisdictional response. To facilitate effective deployment of volunteers, employment laws should be uniform across the states. Furthermore, limitations that impede volunteer responders should be eliminated.

Comparison of Laws that Impact Volunteer Response in Three Disaster-Prone Southeastern States

“…While we do not tie the presence of such laws to the recruitment and retainment of volunteer health care responders across states, we build on the work of identified legal concerns, and in doing so build on the available literature. 4,6 All study states provided similar liability protections for health care professions. Providing broader information and training around existing volunteer protections and authorities may facilitate greater volunteer recruitment and support during emergencies.…”

“…5 There is also heterogeneity among laws regarding worker benefits; only 45% of states provide comprehensive coverage for volunteers. 6 A lack of awareness of laws can also impact volunteer response. A survey of Medical Reserve Corps (MRC) units, volunteer organizations often activated during natural disasters that are federally designed but locally administered, revealed that nearly one-third of unit leaders were concerned that legal issues negatively affected their ability to recruit volunteers.…”

“…Two studies found no statistical association between willingness to respond to an influenza pandemic and a state's ability to declare public health emergencies. 12,13 However, Van Nostrand et al 6 identified legal concerns among health care volunteers, including liability, licensure, and scope of practice. * Liability refers to holding individuals criminally, civilly, or professionally responsible when another party or property is injured or damaged by the individual's actions.…”

“…Scope of practice defines the extent of activities a health care professional is legally permitted to accomplish. 6,14 Although states enact most disaster response laws, federal and local laws can also impact disaster response activities. The United States government is based on federalism in which the federal, state, and local governments (ie, counties, cities, and other political subdivisions) can all enact laws.…”

“…Variance exists in laws concerning liability, protections from harm and death, licensing, and credentialing laws 5. There is also heterogeneity among laws regarding worker benefits; only 45% of states provide comprehensive coverage for volunteers 6. A lack of awareness of laws can also impact volunteer response.…”