Wisconsin Civil Air Patrol Leave (Wis. Stat. §321.66)

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

Covered Employers: All employers that employ at least 11 employees who are employed on a permanent basis.

Employee Eligibility: All employees employed in Wisconsin.

Entitlement: An employee may take no more than 5 consecutive work days of leave for a single emergency or more than 15 days in any year. An employer shall grant a leave of absence without pay to an employee to allow the employee to participate in an emergency service operation if all of the following conditions are met:

1. The employee is a member of the Civil Air Patrol.

2. Prior to the emergency service operation, the employee notifies the employer in writing that the employee is a member of the Civil Air Patrol.

3. For an emergency service operation that begins before the employee is required to report for work, the employee provides a written statement under par. (c) if required by the employer.

4. For an emergency service operation that begins after the employee reports for work, the employee, in addition to providing a written statement under par. (c) if required by the employer, secures authorization from the employer to leave work before leaving to participate in the emergency service operation.

5. The leave of absence does not unduly disrupt the operations of the employer.

Employer Notice: Not specified

Employee Notice: Employee must notify the employer, in writing that they are a member of the Civil Air Patrol before a need for leave arises. Notice from the employees Commander may be required.

Obligation to Provide Certifications or Documents Supporting Need for Leave: Prior to the need for emergency service the employee must notify the employer in writing that they are a member of the Civil Air Patrol. For an emergency service operation that begins after the employee reports for work, the employee, in addition to providing a written statement may be required to provide appropriate documentation to support the need for leave, including notice from their Commander, and must receive approval from the employer.

Paid?: No

Benefits: Continue uninterrupted

Reinstatement: Not specified, but no employer or other person may discharge or discriminate against an employee in promotion, in compensation, or in the terms, conditions, or privileges of employment for taking a leave of absence.

Other Important Definitions/Requirements: "Emergency service operation" means any of the following operations of the Civil Air Patrol: (1) A search and rescue mission designated by the U.S. Air Force rescue coordination center; the governor; the adjutant general; or the governing body, chief or acting chief executive officer, or head of emergency management services of any county, city, village, town, or federally recognized American Indian tribe or band in Wisconsin; (2) An operation to provide disaster relief or humanitarian services, when requested by the Federal Emergency Management Agency; the first air force of the U.S. Air Force; the Civil Air Patrol national operations center; the governor; the adjutant general; the governing body, chief or acting chief executive officer, or head of emergency management services of any county, city, village, town, or federally recognized American Indian tribe or band in Wisconsin; or, in the case of a public health emergency, as defined in s. 323.02 (16), the department of health services, if that department is designated by the governor under s. 323.10, or a local health department acting under s. 251.05 (3) (e), or (3) Operations in support of the U.S. Air Force designated by the first air force of the U.S. Air Force or the Civil Air Patrol national operations center.

Relationship with Other Leave: N/A

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