California enacts Civil Air Patrol Employment Protection Act


Private and public employers in California who employ more than 15 employees will be required to provide not less than 10 days of leave per year for voluntary members of the California Wing of the Civil Air Patrol in order for such volunteers to respond to an emergency operational mission under a new law that takes effect January 1, 2010 (Ch. 242 (A.B. 485), L. 2009, enacted October 11, 2009, and effective January 1, 2010).

In order to qualify for the Civil Air Patrol leave, employee volunteer members must be employed by their current employer for at least 90 days immediately preceding the commencement of leave. Employees will be required to give the employer as much notice as is possible of the intended leave dates.

Upon expiration of the leave, an employer will be required to restore the employee to his or her position or to a position with equivalent seniority, benefits, pay and other terms and conditions of employment, unless the employee is not restored because of conditions unrelated to the exercise of these leave rights.

An employer will not required to grant such leave to Civil Air Patrol employees who are required to respond as first responders or disaster service workers for a local, state, or federal agency to the same or a simultaneous emergency operational mission. The new law will not impact collective bargaining agreements or other employee benefit plans in place that provide greater leave rights.

Reprinted with permission. © CCH

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