BILL NUMBER: AB 485 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Carter
FEBRUARY 24, 2009
An act to add Part 5 (commencing with Section 1500) to Division 2
of the Labor Code, relating to the Civil Air Patrol.
LEGISLATIVE COUNSEL'S DIGEST
AB 485, as introduced, Carter. Civil Air Patrol: California Wing:
employment leave.
Existing federal law establishes the Civil Air Patrol as the
civilian auxiliary of the United States Air Force. Existing state and
federal law establish leave provisions for members of the Armed
Forces of the United States, the reserve components of the Armed
Forces of the United States, and the National Guard.
This bill would require employers employing more than 15 employees
to provide not less than 15 days per year of leave, beyond any leave
benefits otherwise available to employees, to employees who have
been employed by that employer for at least 90 days immediately
preceding the commencement of leave, who are members of the
California Wing of the Civil Air Patrol, and who have been duly
directed and authorized by a political entity 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 of the California Wing of the Civil Air Patrol. The employee
would be required to give at least 7 days' notice of the intended
date upon which the Civil Air Patrol leave will begin if the leave
will consist of 5 or more consecutive workdays or as much notice as
is practical if the leave will consist of less than 5 consecutive
workdays. The bill would require an employer, upon expiration of the
Civil Air Patrol leave taken by an employee, to restore the employee
to the position he or she held when the leave began or to a position
with equivalent seniority status, employee benefits, pay, and other
terms and conditions of employment, unless the employee is not
restored because of conditions unrelated to the exercise of the leave
rights by the employee.
The bill would authorize an employee to bring a civil action in
the state court of appeal of appropriate jurisdiction to enforce the
Civil Air Patrol leave rights. The court would be authorized to
enjoin any act or practice that violates the Civil Air Patrol leave
provisions and to order any equitable relief necessary and
appropriate to redress the violation or to enforce the Civil Air
Patrol leave rights.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 5 (commencing with Section 1500) is added to
Division 2 of the Labor Code, to read:
PART 5. Civil Air Patrol
1500. This part shall be known and may be cited as the Civil Air
Patrol Employment Protection Act.
1501. In this part, the following terms have the following
meanings:
(a) "Civil Air Patrol leave" means leave requested by an employee
who is a member 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
of the California Wing of the Civil Air Patrol.
(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) "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) "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.
1502. 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.
1503. (a) An employer shall provide not less than 15 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.
(b) (1) An employee shall give at least seven days' notice of the
intended date upon which the Civil Air Patrol leave will begin if the
leave will consist of five or more consecutive workdays. If
practical, the employee shall consult with the employer to schedule
the leave so as to not unduly disrupt the operations of the employer.
(2) An employee taking Civil Air Patrol leave for less than five
consecutive workdays shall give the employer as much advance notice
as is practical.
(3) An employer may require certification from the proper Civil
Air Patrol authority to verify the eligibility of the employee for
the leave requested.
(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.
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) 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.
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) 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) 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) This part does not affect or diminish the contract rights or
seniority status of an employee not entitled to Civil Air Patrol
leave.
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) 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) Exercises a right provided under this part.
(2) Opposes a practice made unlawful by this part.
1507. (a) An employee may bring a civil action in the state court
of appeal of appropriate jurisdiction to enforce this part.
(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.