Before January 1, 1968, emergency services were an optional exclusion. Beginning January
1, 1968, services by an individual hired as an employee serving on a temporary basis
in case of fire, storm, snow, earthquake, flood, volcanic, or other similar emergency
are excluded. In general, services performed because of an unforeseen event calling
for immediate action are held to be emergency services. This exclusion applies to
services of an employee who is hired because of the emergency to do work in connection
with that emergency. The fact that employment is of short duration does not in itself
establish that an emergency existed.
An individual who remains in a continuous employment relationship for the purpose
of performing services whenever an emergency arose is not performing an emergency
State national guard members called to serve on a temporary basis as State employees
in connection with one of the emergency situations described above are required to
be excluded from coverage. If the State national guard is called out by the Governor
to perform services in connection with riots, strikes or civil disorders, such services
are mandatorily excluded from coverage.
The exclusion applies only to service on a temporary basis. Individuals who are in
a continuing employment relationship for the purpose of working whenever an emergency
arises are not performing emergency services on a temporary basis, e.g., firefighters.