California Civil Air Patrol Employment Protection Act - Labor Code 1500-1507

NOTE: This leave will not appear on claims if your organization has chosen not to administer it.

Covered Employers: All California employers that employ more than 15 employees.

Employee Eligibility: 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. The employee must have been employed 90 days immediately prior to the commencement of the leave.

Entitlement: 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. 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. However, an employer is not required to grant Civil Air Patrol leave to an employee who is required to respond to either the same or another simultaneous emergency operational mission as a first responder or disaster service worker for a local, state, or federal agency.

Employer Notice: Not Specified

Employee Notice: Employee shall provide as much notice as possible of the intended dates upon which the Civil Air Patrol leave will begin and end.

Obligation to Provide Certifications or Documents Supporting Need for Leave: 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.

Paid?: Nothing within the act prevents an employer from offering paid leave.

Benefits: 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. All benefits remain intact.

Reinstatement: An employer must, upon expiration of a leave authorized by this part, restore an employee to the position held by the employee 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 because of conditions unrelated to the exercise of rights under this part by the employee. 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.

Other Important Definitions/Requirements: N/A

Relationship with Other Leave: N/A

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