Guam § 16104 - Disaster Service Volunteer Leave.

§ 16104. Disaster Service Volunteer Leave.

(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 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 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

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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.