This part shall be known and may be cited as the Civil Air Patrol Employment Protection Act.
Part 5Civil Air Patrol
Section § 1500
This law is called the Civil Air Patrol Employment Protection Act. It likely provides protections for Civil Air Patrol members in their employment, ensuring they are not unfairly treated by employers because of their service.
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Section § 1501
This section defines key terms related to leave for employees who volunteer with the Civil Air Patrol. It explains what 'Civil Air Patrol leave' is and who qualifies for it, specifying that it applies to volunteer members activated for emergency missions. The statute outlines qualifications for employees to be eligible, such as having worked for an employer for at least 90 days. It also clarifies what 'employee benefits' include, such as insurance and pensions, and defines who is considered an 'employer' for the purposes of this leave, specifically those with more than 15 employees.
In this part, the following terms have the following meanings:
(a)CA Labor Code § 1501(a) “Civil Air Patrol leave” means leave requested by an employee who is a volunteer member of the California Wing of the civilian auxiliary of the United States Air Force commonly known as the Civil Air Patrol and who has been duly directed and authorized by the United States Air Force, the California Emergency Management Agency, or other political subdivision of the State of California that has the authority to authorize an emergency operational mission of the California Wing of the Civil Air Patrol, to respond to an emergency operational mission, within or outside of the state, of the California Wing of the Civil Air Patrol.
(b)CA Labor Code § 1501(b) “Employee” means a person who may be permitted, required, or directed by an employer for wages or pay to engage in any employment and who has been employed by that employer for at least a 90-day period immediately preceding the commencement of leave, if otherwise eligible for leave.
(c)CA Labor Code § 1501(c) “Employee benefits” means all benefits, other than salary and wages, provided or made available to an employee by an employer and includes group life insurance, health insurance, disability insurance, and pensions, regardless of whether benefits are provided by a policy or practice of an employer.
(d)CA Labor Code § 1501(d) “Employer” means any person, partnership, corporation, association, or other business entity; or the State of California, a municipality, or other unit of local government; that employs more than 15 employees.
Civil Air Patrol leave volunteer member emergency operational mission California Wing United States Air Force auxiliary leave eligibility 90-day employment requirement employee benefits group life insurance health insurance disability insurance pensions employers with more than 15 employees California Emergency Management Agency political subdivision authority
Section § 1502
This law prohibits employers from firing or discriminating against employees who are members of the Civil Air Patrol. Employers must also allow these employees to participate in emergency missions with the California Wing of the Civil Air Patrol if they have the right to take leave for this service.
An employer shall not discriminate against or discharge from employment a member of the Civil Air Patrol because of such membership and shall not hinder or prevent a member from performing service as part of the California Wing of the Civil Air Patrol during an emergency operational mission of the California Wing of the Civil Air Patrol for which a member is entitled to leave under this part.
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Section § 1503
This California law requires employers to provide at least 10 days of unpaid leave each year for employees who are part of the Civil Air Patrol and need to respond to emergency missions. However, if an employee is a first responder for other agencies, they may not be eligible for this leave. Employees should give as much notice as possible for their leave, and employers can ask for proof of eligibility. The leave does not require employees to use their vacation or other paid leave first, and employers can choose to offer paid leave if they want.
(a)Copy CA Labor Code § 1503(a)
(1)Copy CA Labor Code § 1503(a)(1) An employer shall provide not less than 10 days per calendar year of unpaid Civil Air Patrol leave to an employee responding to an emergency operational mission of the California Wing of the Civil Air Patrol. Civil Air Patrol leave for a single emergency operational mission shall not exceed three days, unless an extension of time is granted by the governmental entity that authorized the emergency operational mission, and the extension of the leave is approved by the employer.
(2)CA Labor Code § 1503(a)(2) Notwithstanding paragraph (1), an employer is not required to
grant Civil Air Patrol leave to an employee who is required to respond to either the same or other simultaneous emergency operational mission as a first responder or disaster service worker for a local, state, or federal agency.
(b)Copy CA Labor Code § 1503(b)
(1)Copy CA Labor Code § 1503(b)(1) An employee shall give the employer as much notice as possible of the intended dates upon which the Civil Air Patrol leave will begin and end.
(2)CA Labor Code § 1503(b)(2) An employer may require certification from the proper Civil Air Patrol authority to verify the eligibility of the employee for the leave requested or taken. The employer may deny the
leave to be taken as Civil Air Patrol leave if the employee fails to provide the required certification.
(c)CA Labor Code § 1503(c) An employee taking leave under this part shall not be required to exhaust all accrued vacation leave, personal leave, compensatory leave, sick leave, disability leave, and any other leave that may be available to the employee in order to take Civil Air Patrol leave.
(d)CA Labor Code § 1503(d) Nothing in this act prevents an employer from providing paid leave for leave taken pursuant to this part.
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Section § 1504
If an employee takes a leave, the employer must give them their job back once the leave ends or place them in a similar job with the same benefits and pay. However, the employer isn't required to do this if there are unrelated conditions that justify not giving the job back.
Additionally, employers and employees can agree that the employer will continue the employee's benefits during the leave, but this would be at the employer's expense.
(a)CA Labor Code § 1504(a) An employer shall, upon expiration of a leave authorized by this part, restore an employee to the position held by him or her when the leave began or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. An employer may decline to restore an employee as required in this subdivision because of conditions unrelated to the exercise of rights under this part by the employee.
(b)CA Labor Code § 1504(b) An employer and an employee may negotiate for the employer to maintain the benefits of the employee at the expense of the employer during the leave.
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Section § 1505
If you take Civil Air Patrol leave, you won't lose any employee benefits you earned before your leave started.
This law doesn't change any existing agreements or plans that offer more generous leave than what's provided here. Starting January 1, 2010, the rights under this law cannot be reduced by new agreements or plans.
Also, this law won't change the contract rights or seniority of employees who don't take Civil Air Patrol leave.
(a)CA Labor Code § 1505(a) Taking Civil Air Patrol leave under this part shall not result in the loss of an employee benefit accrued before the date on which the leave began.
(b)CA Labor Code § 1505(b) This part does not affect the obligation of an employer to comply with any collective bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided under this part.
(c)CA Labor Code § 1505(c) The rights provided under this part shall not be diminished by any collective bargaining agreement or employee benefit plan entered into on or after January 1, 2010.
(d)CA Labor Code § 1505(d) This part does not affect or diminish the contract rights or seniority
status of an employee not entitled to Civil Air Patrol leave.
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Section § 1506
This law says that employers cannot stop workers from using their rights or punish them for doing so. Employers also cannot fire, discipline, or discriminate against any employee who uses a right given by this law or who speaks out against illegal practices.
(a)CA Labor Code § 1506(a) An employer shall not interfere with, restrain, or deny the exercise or the attempt to exercise a right established by this part.
(b)CA Labor Code § 1506(b) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against an employee who does any of the following:
(1)CA Labor Code § 1506(b)(1) Exercises a right provided under this part.
(2)CA Labor Code § 1506(b)(2) Opposes a practice made unlawful by this part.
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Section § 1507
This law allows an employee to file a lawsuit in the local superior court to enforce their rights under a specific part of employment law.
The court has the power to stop any actions or practices that break this law and can provide any necessary remedies or solutions to correct the situation or ensure compliance with the law.
(a)CA Labor Code § 1507(a) An employee may bring a civil action in the superior court of the appropriate county to enforce this part.
(b)CA Labor Code § 1507(b) The court may enjoin any act or practice that violates this part and may order any equitable relief necessary and appropriate to redress the violation or to enforce this part.
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